Exchange Terms and Conditions
About this Document and Our Relationship
1. Definitions & Interpretation
1.1 Defined Terms
The following terms have the following meanings, unless the contrary intention appears:
Account: An electronic account established by Invictus Solution in your name for using the Exchange services, accessible through the Website.
Agreed Communication Method: The method for communication with Invictus Solution mainly the Website (or any other communication method as notified by Invictus Solution to you as another) that can be used for submitting Orders.
Agreement: These Terms and Conditions governing the use of your account, as amended from time to time.
AML/CTF Requirements: Applicable laws related to money laundering, terrorism financing, and other financial crimes.
Applicable Law: All relevant laws, regulations, and legal principles, including AML/CTF Requirements and Financial Crime Regulation.
Available Balance: Your Total Asset Value minus amounts held for Open Orders and Fees.
Available Jurisdiction: A jurisdiction where the Exchange services are available.
Base Asset: The Virtual Asset being traded on the Order Book or the first Virtual Asset in a Trading Pair.
Business Day: Monday to Friday, 9 am to 5 pm GMT, excluding European bank and public holidays.
Confirmation: A trade confirmation relating to an Executed Order.
Costs: Fees, charges, and expenses related to Virtual Asset networks, third-party service providers, and legal advisors.
Counter Asset: The Virtual Asset or Fiat Currency in which trading is denominated on the Order Book or the second Virtual Asset or Fiat Currency in a Trading Pair.
Invictus Solution (We, Us, Our) means Invictus Solution Sp. z o. o., a company registered in the Czech Republic under registration number 22011609, is authorized to provide services related to virtual assets.
Deceptive Activity: Fraudulent or deceptive actions in Virtual Asset and Fiat transactions.
Dispute: Any disagreement related to the Agreement, including its formation, validity, interpretation, performance, breach, and termination.
Eligible Virtual Asset: A Virtual Asset meeting certain criteria determined by Invictus Solution.
Enabled Device: An electronic device registered for use with the Exchange and Services under this Agreement.
Encumbrance: Any security, interest, or right affecting Virtual Assets or obligations.
Event of Default: Events allowing Invictus Solution to terminate the Agreement immediately.
Exchange: The platform operated by Invictus Solution in accordance with this Agreement.
Exchange FAQs: Published FAQs on the Website by Invictus Solution.
Exchange Market Data: Data and information available through the Website, and other products, including order book data, prices, and transaction information.
Exchange Materials: Trading Tools, marketing materials, and other materials available through the Exchange.
Exchange Terms and Conditions: These terms and conditions.
Execution: The matching of two Orders.
False or Misleading Information Disclosure: Disclosure of false or misleading information with intent to induce trading or affect asset prices.
False Trading: Actions creating a false appearance of active trading or artificial asset prices.
Fees: All fees imposed by Invictus Solution for using the Exchange and Services.
Fiat Currency: Legal tender, accepted as a medium of exchange, excluding Bitcoin, Ether, or stablecoins.
Financial Crime Regulation: Criminal conduct related to money or financial markets.
Force Majeure Event: Events beyond a party’s control.
Fork: Changes in Virtual Asset protocols resulting in multiple versions, material changes, or holding of assets from forked networks.
Government Agency: Governmental, administrative, or judicial bodies and authorities.
Infrastructure Participant: Entities facilitating clearing, settlement, and recording of Virtual Asset transactions.
Inside Information: Specific non-public information materially affecting Virtual Assets.
Insider Dealing: Dealing in Virtual Assets using Inside Information.
Insolvent: Conditions indicating financial distress.
Intellectual Property Rights: Present and future intellectual property rights.
Virtual Asset: A tradable asset, which may or may not have an Issuer.
Instruction: A request from you to Invictus Solution related to the Exchange, your Account, or any services under this Agreement.
Jailbroken: For the relevant device, it means a device that has been modified to remove restrictions imposed by mobile service providers or phone manufacturers without their approval, as applicable, or as defined in the Exchange FAQs.
Limit Order: An Order to buy or sell a specified quantity of a Virtual Asset at a specified price.
Loss: Includes direct, indirect, or consequential losses, expenses, demands, claims, liabilities, judgments, fines, penalties (civil or criminal), and any amounts paid or payable in settlement, along with any associated Costs.
Market Manipulation: Deliberate conduct intended to deceive or defraud investors by controlling or artificially affecting the price of Virtual Assets, or intentionally interfering with supply and demand, whether on or off the Exchange.
Maker Order: An Order that will not immediately be Executed against another Order upon submission to the Exchange.
Market Order: An Order to buy or sell a specified quantity of a Virtual Asset at the best available price for the relevant Trading Pair on the Exchange.
Mis-execution: Occurs when an Order is Executed other than as per the Order’s specifications.
Network Event: In relation to a Virtual Asset, an event such as a Fork or Airdrop that results in new or alternate Virtual Assets, or any event affecting the protocol underlying a Virtual Asset.
Network Participant: A person or entity with the ability to trigger a Network Event.
On-Exchange Asset: Any Virtual Asset that is recorded in a Wallet, posted as collateral, lent by Invictus Solution, or otherwise associated with any Exchange-related activity.
Off-Exchange Asset: Similar to an On-Exchange Asset but not recorded in a Wallet, typically in a third-party wallet address.
Open Order: A Maker Order that has been posted but not Filled, cancelled, or expired.
Order: A request to buy or sell a specified quantity of a Base Asset at a specified price in terms of the Counter Asset on the Exchange.
Order Book: A record of orders for various Virtual Assets and Trading Pairs.
Order Matching Engine: Invictus Solution systems responsible for executing Orders.
Personal Data: Information related to an identified or identifiable natural person, including online identifiers, that can be used to ascertain their identity.
Price Rigging: Actions that create an artificial appearance of trading or maintain artificial asset prices.
Privacy Notice: The privacy notice published on the website, subject to potential amendments by Invictus Solution.
Prohibited Transaction: Any transaction involving Market Misconduct.
Prohibited Transaction Disclosure: Disclosure of information related to Prohibited Transactions that may affect the price of Virtual Assets.
Proscribed Address: A blockchain address that appears in a list of proscribed addresses issued by the United Nations, Government Agencies, or regulatory authorities, or is part of such a list.
Proscribed Person: A person who Invictus Solution believes is in breach of AML/CTF Requirements, appears on a proscribed list, or acts on behalf or for the benefit of such persons.
Sanctions: Economic sanctions laws, regulations, embargoes, or restrictive measures imposed by various authorities and jurisdictions.
Self-Execution: When the same person provides both the Taker Order and the Maker Orders for any Executed Orders.
Senior Management of a person: Refers to the managing director, board of directors, and the chief executive officer, along with all other personnel in authoritative positions responsible for that person’s business decisions, or who exert significant influence or control over that person. «Senior Manager» is interpreted accordingly.
Services: Encompasses Service Content and all associated features, services, content, and applications, including access to the Exchange for placing Orders, access to the Exchange Materials, and any other products or services listed in the Annexes or Addenda, or communicated via official channels by Invictus Solution. Currency exchange services between fiat currencies are not provided by Invictus Solution.
Service Content: Includes data, information, materials, advertisements, text, audio, video, graphics, software, and other content available on the Website, Exchange, and Services.
Stake or Staking: The act of holding eligible Virtual Assets in your Account for a specific duration, subject to any additional terms set by Invictus Solution.
Taker Order: An Order that is executed immediately upon submission against another Order on the Exchange.
Taxes: Refers to taxes, levies, imposts, charges, duties, and related interest, penalties, fines, and expenses imposed by any Government Agency in connection with your use of the Services under Applicable Law.
Total Asset Value: Represents the gross value of all your Virtual Assets in the relevant Order Book, expressed in the Counter Asset based on the last trade price, including all Virtual Assets allocated to Open Orders.
Trade Engine: Includes Invictus Solution systems for settling Executed Orders by transferring the relevant Virtual Assets between the respective Accounts.
Trading Hours: The times during which the Exchange and Services are available, as notified through an Agreed Communication Method or in writing by Invictus Solution.
Trading Pair: Denotes the combination of a Base Asset and a Counter Asset available for trading on the Exchange.
Trading Tools: Covers applications, algorithms, Trading Bots, software, interfaces, and code provided by Invictus Solution for using the Exchange, including the Website, App, and related applications and codes.
Transaction History: Records of all transactions and relevant transaction details in your Wallet or on the Website.
Unauthorised Transaction: An instruction that is not authorized by you. For clarification, an Instruction authorized or initiated by you due to error, duress, fraud, misrepresentation, inducement, etc., should not be considered an Unauthorised Transaction.
Virtual Asset: Any asset that is a unit of account or store of economic value, capable of electronic transfer, storage, and trading, and approved by Invictus Solution. Virtual Assets do not include Fiat Currencies. Special cases involving Virtual Assets that are on additional blockchain layers or are derivatives are treated as distinct Virtual Assets, subject to Invictus Solution ‘s approval.
Wallet: Any virtual asset wallet provided by Invictus Solution as referenced in these Exchange Terms and Conditions or respective Addenda.
Website: Refers to the website at https://www.invictussol.xyz/ and its related components.
1.2 Interpretation
Rules of interpretation: The section defines rules for interpretation and usage of terms in the Agreement.
Accounts
1.2.1 Application
(a) If you are a new user and wish to utilize the Exchange and/or Services, you must:
— Apply to open an account with us.
— Provide requested information and documents, ensuring completeness and accuracy. Non-English documents may require certified English translations.
(b) We may verify, supplement, or amend the information you provide for record maintenance or to comply with reporting requirements.
1.2.2 Establishing an Account
(a) An Account may be opened after receiving your application in accordance with 1.2.1
(b) Your Account is solely for providing the Exchange and recording Virtual Asset movements, it can’t be used as a banking or standalone custody service.
(c) By establishing an Account and using the Exchange or Services, you enter into a binding contract with us and are deemed to have agreed to the Agreement.
1.2.3 Account Operations
(a) You can transfer Virtual Assets or Fiat Currency to us following instructions through an Agreed Communication Method.
(b) We will record received Virtual Assets in your Account.
(c) We may deduct Fees, Costs, and payments required for Executed Orders.
(d) Only Eligible Virtual Assets are allowed for your Account, and eligibility determination is subject to our discretion.
(e) You must only transfer Virtual Assets if you are the lawful owner.
(g) You can request transfers to an external digital address, that meets our criteria.
(h) Correct digital address details are your responsibility; we are not liable for losses due to incorrect information.
1.2.4 Completion of Virtual Asset Transfers
(a) A transfer of Virtual Assets is not complete until confirmed by Invictus Solution.
(b) Pending transfers are designated as pending transactions.
2. Custody of Virtual Assets
2.1 Your Acknowledgments
Implications of the grant:
Invictus Solution may hold On-Exchange Assets as considered appropriate.
You have limited rights to the On-Exchange Assets.
You cannot exercise certain ownership rights.
You have no claim to benefits received by Invictus Solution.
Invictus Solution ability to meet contractual obligations may be impacted by losses or delays related to On-Exchange Assets.
2.2 Disclaimer
(a) The grant does not imply back-to-back lending or liability assumption by Invictus Solution for your actions.
(b) If assets are held on your behalf, they may be held by us or another institution. We may deal with your Virtual Assets for various purposes.
2.3 General Acknowledgements
Virtual Assets do not have the same protections as traditional deposits.
We have no duty to return Virtual Assets, but if required, we will send an equivalent amount of the same Virtual Assets, subject to our rights and Applicable Law.
3. Instructions
3.1 Instructions Generally
(a) You authorize us to accept your Instructions.
(b) We may act on any Instruction that we believe to be authentic and valid and rely on them if we believe they were given by you accurately.
(c) You are responsible for the accuracy and completeness of Instructions. Once given, an Instruction cannot be revoked and will be binding on you if acted upon by us.
3.2 Electronic Instructions and Records
3.2.1 Instructions given in electronic form are considered original documents.
3.2.2 You’re responsible for the security and authenticity of electronic Instructions sent via the Exchange and Services.
3.2.3 Instructions transmitted via the Internet may not be completely protected against unauthorized access.
3.2.4 Confirmation of Instructions is considered received only after successful retrieval by us.
3.2.5 Our records are considered conclusive of accuracy and authenticity, even in electronic form.
3.3 Giving and Receiving Instructions
(a) Instructions can be provided through Agreed Communication Methods.
(b) Instructions are irrevocable once received within Trading Hours on a Business Day.
(c) Instructions cannot be reversed or amended by you, and we may not cancel or amend unexecuted or partly executed Instructions.
3.3 Acknowledgement of Instructions
We agree to acknowledge your Instructions related to entering an Order through the Agreed Communication Method.
3.4 When We May Refuse, Cancel, or Reverse Instructions
3.4.1 We reserve the right to refuse, cancel, or reverse Instructions without giving reasons.
3.4.2 Refusal can happen for various reasons, including breach of Applicable Law or unclear Instructions.
3.4.3 We may also decline to act when there are insufficient Eligible Virtual Assets or when Instructions do not comply with limits.
3.5 Risks of Giving Instructions
3.5.1 You acknowledge the risks of giving Instructions, including unauthorized Instructions, processing of Instructions twice, and lack of guaranteed security or virus protection.
4. Payments, Deliveries, and Other Obligations
4.1 Payment and Deliveries
(a) We may refuse to accept or make transfers of Virtual Assets and provide notice of refusal.
(b) If there are insufficient Eligible Virtual Assets, we may decline to execute Instructions or force-sell assets on your behalf.
4.2 Withholding
(a) You must determine and pay Taxes associated with your transactions.
(b) If required to deduct Tax from payments to us, you must increase the payment to ensure we receive the intended amount.
(c) We may be required to withhold payments to you and pass them to a Government Agency. You must reimburse us for any such deductions.
4.3 Value Added Tax
(a) Payments are calculated without considering Taxes.
(b) If Taxes apply, you must pay an additional amount equal to the payment multiplied by the appropriate Tax rate.
4.4 Independent Payment Obligations
Your obligation to pay is separate from other obligations.
4.5 Rights of Netting, Set-off, and Lien
4.5.1 We may net obligations in Virtual Assets automatically.
4.5.2 We may set off amounts you owe us against amounts we owe you.
4.5.3 We have a lien over your property in our possession.
For these purposes, we may make conversions at a reasonable rate.
4.6 Payment in Other Assets
4.6.1 You must pay amounts in the Eligible Virtual Asset in which they are due.
4.6.2 If received in a different Virtual Asset, we may return it or convert it to the due Eligible Virtual Asset.
4.6.3 If you have any specific questions or need further clarification on any of these sections, please contact us on office@invictussol.xyz.
4.7 Virtual Asset Restrictions
4.7.1 You must comply with exchange controls and Applicable Law.
4.7.2 If a jurisdiction restricts the availability or transfer of a Virtual Asset, we may make payments in other Virtual Assets.
4.8 Third-Party Payments
We are not obliged to make payments to third parties unless explicitly specified in the Agreement.
4.9 General Conditions Precedent to Payments
Payments are subject to conditions, including compliance with obligations, absence of Events of Default, and legal compliance.
4.10 Return of Virtual Assets
4.10 .1 We may return Virtual Assets to a designated external address.
4.10 .2 You must provide a compatible external address under your control for non-Eligible Virtual Assets.
4.10.3 We reserve the right to deduct a fee or administrative charge for the return of Virtual Assets.
5. Calculations
We are the calculation agent for Executed Orders.
The calculations and determinations of the calculation agent are final and binding in the absence of manifest error.
6. Netting and Set-off
6.1 Netting may be applied to Executed Orders with the same Virtual Asset and payment date.
6.2 We have the right to set off amounts you owe us against amounts we owe you, and it’s in addition to other rights.
7. Trading on the Exchange
7.1 The Exchange allows you to acquire or dispose of Virtual Assets using your Account.
7.2 Service is available during Trading Hours, with possible downtimes and system maintenance.
7.3 We can update, change, or discontinue the Exchange at our discretion.
8. Submitting an Order
8.1 Orders must be submitted through an Agreed Communication Method.
8.2 Order types include Limit Orders, Market Orders, and Advanced Orders.
8.3 Orders must meet minimum and maximum values and trading limits.
8.4 Sufficient Eligible Virtual Assets must be in your Account to cover the order and associated fees.
8.5 A quantity of the relevant Virtual Asset will be placed on Hold when an Order is placed.
9. Orders
9.1 An Order remains open and binding until it’s executed or canceled.
9.2 You can cancel an Order before it’s executed.
10. Price Deviation Warning
A warning may be displayed when submitting an Order that may execute at a price significantly different from the specified price.
11 Limit Orders
Limit Orders are not guaranteed to execute.
They may execute at the specified price.
12 Market Orders
Market Orders may execute at different prices depending on the market conditions.
13. Advanced Orders
Advanced Orders may have additional requirements or restrictions as specified.
14. Order Matching Engine
The Order Matching Engine matches Taker Orders with Maker Orders based on price and time.
Taker Orders are matched with the best available Maker Orders.
15. Self-Execution Prevention
Orders resulting in self-execution are canceled.
16 Trade Engine
Executed Orders and associated fees are settled without set-off or withholding.
Settlement is final unless required by Applicable Law or due to a technical error.
17. Order Minimums and Maximums
Minimum and maximum Order values are published by Invictus Solution and can be adjusted.
18. Orders
18.1 Orders must be prepaid with sufficient Eligible Virtual Assets.
18.2 Compliance with notification and reporting obligations is your responsibility.
18.3 We may impose trading and position limits and controls, and you must comply.
18.4 You are responsible for compliance with trading limits under Applicable Law.
18.5 We may decline to act on Instructions or suspend your use of the Trading Tools to ensure compliance with limits.
18.6 You indemnify us for any Loss due to your breach of imposed limits or controls.
18.7 We are not required to provide services that may lead to a breach of Applicable Law, including AML/CTF Requirements.
18.8 An Order remains open and binding until it’s executed or canceled.
18.9 You can cancel an Order before it’s executed.
19. Storage of Private Keys: Invictus Solution may store private keys for virtual assets in a combination of online and offline storage. Retrieving information from offline storage may cause delays in executing orders, and users are expected to accept this risk.
20. Discretion of Invictus Solution: Invictus Solution reserves the right to execute, decline, suspend, or cancel orders at its discretion. Users agree not to hold Invictus Solution responsible for losses resulting from such actions.
21. Use of the Exchange: Users acknowledge that they use the exchange and services on an «as is» and «as available» basis. They are responsible for ensuring that their use complies with applicable laws.
22. Maintenance of Standards: Users must maintain the security of their systems and devices and promptly report unauthorized access or transactions.
23. Pre-Conditions for Use: Invictus Solution may refuse to make the exchange available to users in certain circumstances, including non-compliance with applicable laws.
24. Withdrawal or Suspension: Invictus Solution reserves the right to withdraw or suspend a user’s right to use the exchange and services without prior notice.
25. Intellectual Property Rights: Users are not allowed to use Invictus Solution intellectual property without express consent. Unauthorized use is prohibited.
26. Monitoring: Invictus Solution may monitor user accounts and transactions to comply with applicable laws.
27. Ongoing Requirements: Users must maintain eligibility, comply with applicable laws, and promptly report if they no longer meet these requirements.
28. Notification of Exercise of Power:
Invictus Solution is required to notify users when it exercises certain powers, subject to applicable laws, policies, and confidentiality requirements.
The notification can be done through the website and/or the app.
When Invictus Solution exercises powers that only affect specific users, it may notify those users directly.
29. Role of Invictus Solution:
Invictus Solution can act as either an agent or principal in relation to any order submitted by users.
Users should not rely on Invictus Solution checks or compliance procedures concerning the assets involved in transactions.
30. No Obligation to Notify Market Price Movements:
Unless required by applicable law, Invictus Solution is not obligated to inform users of market price movements related to virtual assets.
31. Conflicts of Interest:
Trading activities on the exchange may create conflicts of interest between users, counterparties, and Invictus Solution.
If a conflict of interest arises, Invictus Solution will take reasonable steps to treat users fairly, but it reserves the right to decline transactions in such circumstances.
32. Services and Activities of Invictus Solution:
32.1 Invictus Solution activities on the exchange are non-exclusive, and they may transact with other parties.
32.2 Invictus Solution is not obligated to disclose benefits received from dealing with others or to share information it acquires through its business operations.
33 Use of Third Parties:
33.1 Invictus Solution may use third-party service providers to provide the exchange. It’s not liable for the acts or unavailability of such providers.
33.2 Invictus Solution conducts due diligence on third-party service providers in accordance with its internal policies.
34. Account Protection Program:
34.1 If Invictus Solution determines an unauthorized transaction has occurred, it may provide relief to users, subject to conditions outlined in this clause.
34.2 Users must meet certain conditions to be eligible for relief.
Users may be required to provide information for the assessment of eligibility for relief.
34.3 Invictus Solution will determine the relief amount, which may be up to a maximum limit, and users agree to certain conditions when accepting relief.
35. Prevention of Market Misconduct:
Users are prohibited from engaging in market misconduct.
Users must not submit orders that facilitate market misconduct or transfer virtual assets between accounts solely for the purpose of creating or reducing open interest.
36. Information, Representations, and Warranties:
36.1 Users are required to provide relevant information and documents as requested by Invictus Solution.
36.2 Users represent and warrant various things, including their legal capacity, eligibility, non-involvement in prohibited activities, and compliance with applicable laws and tax regulations.
36.3 These terms and conditions are essential for users to understand their rights, responsibilities, and the exchange’s obligations in the context of cryptocurrency trading and use of the platform’s services. Users should carefully review and consider these terms before using the exchange. Additionally, this is a legal document, and if you have specific questions or concerns about its implications, it’s advisable to seek legal advice or clarification from Invictus Solution.
37. Indemnities: You agree to hold Invictus Solution (Us) harmless from any claims, demands, or losses arising from claims related to this agreement, breaches of applicable laws, use of the Services, and other activities. You agree to pay for any such losses incurred.
Indemnity provisions continue to apply even after termination of the agreement.
38. Circumstances Beyond Control. Neither party is liable for losses incurred due to circumstances beyond their control, such as force majeure events.
39. Network Events
In the event of a Network Event, we may need to temporarily suspend certain activities associated with our Services or any Virtual Assets until we ascertain that normal functionality can be restored. Such occurrences can happen with minimal or no prior notice, and your ability to use the Services or Virtual Assets may be restricted due to the Network Event. When we become aware of a Network Event, we may, at our sole discretion:
(a) Determine which branch of a Fork, if any, will be recognized and supported in the case of a Fork, and take any necessary actions or decisions to implement such recognition and support.
(b) Decide whether to credit any Virtual Assets and/or benefits received by us to your Account in the event of a Network Event, and establish the terms for doing so. The authority to make such decisions regarding Virtual Assets and benefits remains with us. We shall not be held liable for failing to credit any Virtual Asset or benefits to you or for not participating in any Network Event. If we do not support a Network Event, we may claim such Network Event and any associated Virtual Assets and benefits for our own benefit (unless it is unavoidable or impractical to avoid based on the means of distribution). If any newly created Virtual Assets and benefits, due to a Network Event, have been received by you directly as Off-Exchange Assets, we may request the return of such Virtual Assets and benefits, and you agree to comply. You further acknowledge that any Virtual Assets and benefits related to a Network Event do not create or imply any relationship between us and the sender and/or the associated Virtual Asset network. We are not subject to any obligations related to the sender and/or the associated Virtual Asset network.
(c) Decide whether to take any actions we deem appropriate, including determining ownership or allocation of newly created Virtual Assets and benefits, if applicable.
(d) In the event of a Network Event resulting in the loss of ownership or control of Virtual Assets, determine how such loss is to be allocated.
(e) Decide whether to halt transactions or cease, modify, or suspend specific Services related to a particular Virtual Asset (or in general) or other activities for a specific period, as decided in our sole and absolute discretion.
Upon identifying a Network Event, we will make reasonable efforts to notify you through an Agreed Communication Method as soon as possible. Additionally, we will publish our decision regarding the handling of Virtual Assets in the event of a Network Event at least one Business Day before the Network Event occurs, unless it is impossible or reasonably impracticable to do so.
40. Fees and Costs
40.1 Payment of Fees and Costs
(a) You are responsible for paying the fees, charges, commissions, and Costs as specified by us on the «Fees page» on the Website, through another Agreed Communication Method, or as otherwise communicated in writing by us, as applicable to the Exchange at the time.
(b) All Fees listed on the App and the Website do not include any applicable Taxes, and the actual Fee charged will be adjusted to account for any such Taxes.
40.2 Overdue Payments
If any amount under the Agreement becomes overdue and remains unpaid, you agree to pay interest at our prevailing default interest rate upon our request. This rate is periodically revised by us and is available upon request.
40.3 Interest Calculation
Any interest due under the Agreement will accrue and be calculated in accordance with our standard practices. If default interest is charged as per clause 40.2, we may add this interest to the outstanding amount. You will then be liable for interest on the total amount.
40.4 No Refund
Unless otherwise specified in the Agreement, you are not entitled to any refund of any Costs, fees, or interest you have paid, or any subsidy you have received. This includes situations where you cancel an Order or if all or any part of the Agreement terminates.
40.5 Costs on Cancellation
If all or any part of the Agreement ends, or you cancel an Order, we may require you to cover the interest, fees, and Costs incurred in connection with the Agreement or the Order.
41. Termination, Suspension, and Enforcement
41.1 Termination by Either Party
(a) Either party may terminate part or the entirety of the Agreement by providing the other party with at least seven days’ written notice.
(b) If you wish to suspend or terminate your access to and use of the Exchange and/or Services, or close your Account, you must submit a request to Invictus Solution as required by us. You acknowledge and agree to be subject to the terms and conditions we deem applicable to such suspension or termination.
41.2 Suspension, Restriction, or Termination by Us
In addition to the rights outlined in clause 41.1, we may suspend, restrict, or terminate any or all of the Agreement, your access to the Exchange and/or Services, deactivate your Account, and take action, if:
(a) You provide incorrect, incomplete, or misleading information or make incorrect or misleading representations or warranties.
(b) You breach payment or delivery obligations or other terms of the Agreement, another agreement with us, or an agreement with another financial institution.
(c) You become insolvent or your assets are subject to insolvency proceedings.
(d) You engage in fraudulent or dishonest activity or we determine that a transaction is fraudulent or erroneous.
(e) You disaffirm, disclaim, repudiate, or reject the Agreement, any Confirmation, or any Executed Order.
(f) Any Authorized Person or other individual asserts any interest in or right to control your Account.
(g) Compliance with any obligation under the Agreement breaches or is likely to breach any Applicable Law.
(h) Any event occurs that, in our opinion, is likely to adversely affect your ability or willingness to fulfill your obligations under the Agreement.
(i) Compliance with any obligation under the Agreement breaches or is likely to breach any Applicable Law or violates any policy we enforce due to an order or sanction issued by any Government Agency.
(j) We are legally required to do so by Applicable Law, a court, or other adjudicating authority.
(k) Any of your Invictus Solution wallets or you are subject to pending litigation, investigation, or government proceedings.
(l) Any of your Virtual Assets are subject to a judgment enforcement or expropriation.
(m) You are convicted of a tax or other crime in any jurisdiction.
(n) We determine that your Account is being operated in an irregular or improper manner or that you are trying to circumvent the Agreement.
(o) In our discretion, you may be in breach of the Agreement or are attempting to circumvent it, such as by opening multiple accounts or abusing our incentive schemes.
(p) You fail to provide requested information under the Agreement or as required by Applicable Law.
(q) Any other event of default, however described, occurs under another agreement between you and any Invictus Solution Group Member.
(r) Your Account has been inactive for three years. In this case, if Invictus Solution is unable to contact you regarding the assets in your Account, Applicable Law may require Invictus Solution to deliver such assets to the relevant state or jurisdiction as unclaimed property.
43.3 Notice about Suspension, Restriction, or Termination
(a) You acknowledge that Invictus Solution ‘s decision to take specific actions, including limiting, suspending, or closing your Account, is at our sole discretion, even if no Event of Default has occurred. Our decisions may be based on confidential criteria essential for our risk management and
44. Confidentiality
Both parties agree not to disclose any non-public information provided by the other party, except:
(a) To individuals involved in exercising rights or fulfilling obligations under the Agreement.
(b) To officers, employees, legal advisors, auditors of any party.
(c) To any party to the Agreement or related companies of any party to the Agreement.
(d) With the consent of the party that provided the information, subject to reasonable withholding of consent.
(e) When publishing relevant Orders and other Instructions on the Exchange on a non-attributed basis.
(f) In cases where the disclosing party reasonably believes it is required by any Applicable Law or Government Agency.
(g) In accordance with the terms of the Agreement.
Each party consents to disclosures made in accordance with this clause.
45 Data Protection
(a) You agree that we, or parties assisting us in providing the Exchange and/or Services, may collect, use, process, transfer, disclose to subcontractors, service providers, or agents, and store materials, data, information, and content related to you and/or your business, including Personal Data, for the purposes of providing the Exchange and/or Services, internal, administrative, regulatory or compliance purposes, security, quality, risk management reviews, and in compliance with legal or regulatory requirements. You also agree that the Data may be transferred, disclosed, stored, processed, and maintained in various jurisdictions. You must inform us in writing if any Data subject to export control restrictions under Applicable Law may be disclosed to us or accessed by us or a subcontractor in performing the Services.
(b) We reserve the right to request Personal Data from you for the purpose of preventing fraud, anti-money laundering, and counter-terrorist financing, as required by Applicable Law.
(c) You confirm that you have the necessary authority for us to use and transfer Personal Data in accordance with the Agreement and that data subjects have been informed of its use. You will comply with applicable data protection legislation.
(d) Use of Personal Data is governed by the Privacy Notice.
46 Anti-Money Laundering and Sanctions
(a) We are not obligated to take any action that might constitute a breach of any AML/CTF Requirements.
(b) You must provide us with all necessary information and documents reasonably required by us to comply with AML/CTF Requirements.
(c) We may disclose information concerning you to any Government Agency, law enforcement entity, regulatory agency, or court as required by Applicable Law.
(d) You agree to perform your obligations under the Agreement in accordance with AML/CTF Requirements.
(e) We may consider, verify, or block an Order if you or any other person or entity associated with the Order becomes a sanctioned individual or entity, or upon a match on our sanction filters.
47. Feedback, Queries, and Complaints
(a) If you have feedback, questions, or complaints, please contact us through email at office@invictussol.xyz
or our live chat on the Exchange or Services. While we aim to respond as soon as possible, complex issues may take up to 45 days or longer to resolve. You accept that we are not responsible for any losses incurred during this period.
(b) By submitting feedback or suggestions («Feedback») to us, you acknowledge and agree that:
(i) Your Feedback does not contain confidential or proprietary information.
(ii) We are not bound by any confidentiality obligations regarding the Feedback.
(iii) We may use the Feedback freely for any purpose.
(iv) You are not entitled to compensation for the Feedback.
48. Statements and Records
48.1 Transaction Records
You can access your Transaction History and records in your Account, and you are responsible for reviewing Account statements for errors.
48.2 Reporting Mistakes
You must promptly report any mistaken or unauthorized Orders, whether Executed or not, to us. Unless otherwise specified, if you do not report such Orders within three days of the Order date, we may consider the Order as correct.
48.3 Reversals
We have the right to cancel, reverse, or debit any Virtual Asset transfer made under the Agreement, as needed to correct a mistake, in case we have not received cleared and unconditional Virtual Assets in full, or if we have reasonable grounds to do so.
IMPORTANT
This section warns about the risks associated with trading in Virtual Assets and using the Exchange. It emphasizes that you should carefully consider these risks and any other applicable risks before placing any orders. It also advises seeking professional advice and staying updated on the latest terms, which may change over time. The key points highlighted in this warning are:
Substantial Risk of Loss: There is a significant risk of losing your invested amounts in Virtual Asset transactions. You should assess whether such transactions align with your investment objectives, financial situation, risk tolerance, and investment experience.
Potential for Full Loss: You should be prepared for a complete loss of the amounts invested in connection with any order. This means you could lose all the money you invest, and potentially more.
Awareness of Risks: Before trading or investing, you should educate yourself and be aware of the risks involved.
Specific Risk Factors: You should pay particular attention to specific risk factors that may apply to your orders.
In essence, this warning is highlighting that trading in Virtual Assets carries significant financial risks, and you should be well-informed and prepared for potential losses. It advises due diligence and a clear understanding of the risks involved before engaging in such transactions.