Last updated: November 19, 2024
Introduction
Please read this document carefully, as it sets out the terms and conditions on which Invictus SOFTWARE CORP - FZCO (referred to as "BXcheckout") will provide services to you through our websites, APIs, or mobile applications.
1.1 Invictus SOFTWARE CORP - FZCO is a company organized and existing under the laws of Dubai, with its principal place of business at Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates. It is registered with the Registrer of Companies under number 305972625.
1.2 In this document, references to we/our/us are to BXcheckout. Any references to Customer/you/your are references to you as a customer of BXcheckout and user of our services. Any references to the “Service” include websites, APIs, or mobile applications.
1.3 By signing up to use an account through BXcheckout.org or any of our associated websites, APIs, or mobile applications (collectively the “Site”), you agree that you have read, understood, and accept all the terms and conditions contained in this Agreement, as well as our Privacy Policy.
1.4 This Agreement governs the use of the Services provided by BXcheckout. By using the Services, you agree to be bound by the terms and conditions set out on this Site (the “Agreement”). This Agreement comes into effect when you confirm electronically that you agree to it. We recommend that you retain a copy of this Agreement and transaction records.
1.5 Use of cryptocurrency may be illegal in some jurisdictions. It is your responsibility to understand the regulatory requirements concerning transactions with cryptocurrency in your jurisdiction before using the Services.
1.6 For the purposes of this Agreement, a “Business Day” is any day which is not a Saturday, Sunday, or public holiday in Lithuania and on which banks are open for business in Lithuania.
1.7 Invictus SOFTWARE CORP - FZCO is the entity that provides services to end-users (cardholders). This is clearly denoted in our Terms and Conditions: https://bxcheckout.org/terms-of-use/
1.8 All users/cardholders must agree to our terms and conditions when using our services. Within the Terms and Conditions, the merchant (Invictus SOFTWARE CORP - FZCO) is displayed.
DISCLAIMER: The risk of loss in trading or holding Bitcoin or any other cryptocurrency can be substantial. You should carefully consider whether trading or holding Bitcoin or any other cryptocurrency is suitable for you in light of your financial condition. Be aware that the price or value of Bitcoin or any other cryptocurrency can change rapidly, decrease, and potentially even fall to zero.
Eligibility
To access any BXcheckout Services, you must be aged between 18 and 60, capable of entering into legal contracts, and reside in a country where the services are available.
For clarity, BXcheckout Services are not available to individuals or entities residing in the USA.
BXcheckout Europe cannot provide services directly to customers in the UK due to regulatory restrictions. Customers from these regions must seek assistance independently, without branding or advertising. Merchants cannot direct these customers to the service, and no automated solutions are available at this time.
Services provided to you
3.1 BXcheckout will act as your commercial agent. By agreeing to these Terms of Use, you explicitly authorize BXcheckout to act on your behalf to fulfill your order for Cryptocurrency as instructed.
3.1.1 As your Commercial Agent, BXcheckout will purchase Cryptocurrency on your behalf and send/deliver it to the wallet address provided at the time of the order, subject to the conditions of these Terms of Use.
3.1.2 At no point during the purchase will BXcheckout be in possession or control of client funds.
3.2 Purchases/orders through BXcheckout are one-off transactions executed individually.
3.3 Together, the services outlined in clause 3 are referred to in this Agreement as the “Services.”
BXcheckout DOES NOT facilitate or provide trading, investment, or brokerage accounts or facilities, nor does BXcheckout provide investment or financial advice.
Customer registration process
4.1 To use BXcheckout Services, you must register for an account by providing your name, email address, and accepting the terms of this Agreement. By using BXcheckout Services, you agree and represent that you will use the Services solely for yourself and not on behalf of any third party. You are fully responsible for all activity under your BXcheckout account. We may, at our sole discretion, refuse to open an account for you, limit the number of accounts you may hold, or suspend or terminate any account.
4.2 To become a Customer, you must provide BXcheckout with the information requested during the account opening process to verify your identity and detect anti-money laundering, terrorist financing, fraud, or other financial crimes. You must permit us to keep a record of such information.
4.3 You will need to complete certain verification procedures before using BXcheckout Services.
4.4 The information we request may include personal details such as your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, bank account details, mobile device identifiers, and other subscriber details. By providing this information, you confirm its accuracy and agree to update us if any information changes. We will treat this information in accordance with the Data Protection provisions in this Agreement.
4.5 You authorize us to make inquiries, whether directly or through third parties, to verify your identity or protect against fraud or financial crime. You acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention agencies. This identity check should not adversely affect your credit rating. Additionally, we may require a waiting period before allowing further transactions or increased transaction limits.
4.6 Failure to provide requested information under applicable money laundering laws and regulations may result in the suspension of Services and/or termination of this Agreement. The nature and extent of required information may vary based on the Services provided and the payment methods used.
Transaction limits and enhanced due diligence
5.1 Use of BXcheckout Services is subject to volume limits, stated in GBP, EUR, or other fiat currencies. To view your limits, log in to your BXcheckout account. Transaction limits may vary based on payment methods, verification steps, and other factors. We reserve the right to change applicable limits as necessary. To request higher limits, contact support@bxcheckout.org.
5.2 Enhanced Due Diligence may be required for higher limits. We may refuse to raise your limits or subsequently lower them, even after completing Enhanced Due Diligence.
Cryptocurrency purchase
6.1 You can purchase Cryptocurrencies through BXcheckout, subject to applicable fees displayed during the purchase process. The price, exchange rate, and amount of Cryptocurrency will be confirmed at the time of successful payment.
6.2 Acceptance of an order does not guarantee receipt of the corresponding Cryptocurrency. Completion depends on receipt of funds, price stability, and payment of fees. Delays may occur due to Cryptocurrency network transaction times. BXcheckout is not liable for losses resulting from such delays.
6.3 Cryptocurrencies will be credited to the wallet address provided at the time of the order as soon as possible after network confirmation. Pending transactions will not be credited until confirmed by the network.
6.4 BXcheckout may use third-party payment processors for fiat transactions.
6.5 If a transaction cannot be completed due to factors such as price movement or market latency, BXcheckout reserves the right to reject the order and notify you. A processing fee may apply for rejected transactions.
Cancellations and refunds
7.1 Orders/purchases cannot be canceled or recalled once made.
7.2 All orders are final and non-refundable once Cryptocurrency is sent to the specified wallet.
7.3 Orders sent to the specified wallet cannot be retrieved under any circumstances.
7.4 Upon delivery, BXcheckout’s obligations are discharged, and you have no further claims against BXcheckout.
7.5 Deposits unused for exchange may be refunded within 14 days of purchase.
Suspension, termination, and cancellation
8.1 BXcheckout may suspend, restrict, or terminate your account or access to Services for reasons including but not limited to:
Protecting its reputation.
Compliance with legal or regulatory requirements.
Suspected breaches of this Agreement.
Concerns about erroneous or fraudulent transactions.
Suspected money laundering, terrorist financing, or financial crimes.
8.2 Reasonable efforts will be made to notify you of any suspension or termination, provided this does not breach legal or regulatory requirements.
8.3 BXcheckout is not liable for losses resulting from account suspension or withholding of transactions under this clause.
8.4 If the reasons for suspension are resolved, BXcheckout may reinstate account access or require account reactivation procedures.
BXcheckout may also terminate your account with one month’s notice, without stating a reason. Certain actions, including termination, may be based on confidential risk management protocols, which BXcheckout is under no obligation to disclose.
Fees
9.1 All fees associated with this Agreement are presented during the purchasing process and shall be paid in Euros or any other currency mutually agreed upon between BXcheckout and the Customer.
9.2 BXcheckout retains the right to recover any financial losses incurred due to chargeback procedures initiated by you through your bank. Such losses may include administrative fees imposed by the card processor and card networks, as well as the monetary value of any purchased or ordered cryptocurrencies.
Data Protection Law
10.1 You agree that we may process personal information related to you in connection with this Agreement or the BXcheckout Services. This processing will be conducted in accordance with our Privacy Policy, which may be updated periodically. Accordingly, you confirm that:
10.1.1 any personal data disclosed to us complies with all relevant data protection and privacy laws, and that the data is accurate, current, and relevant at the time of disclosure;
10.1.2 before providing any personal data to us, you have read and understood our Privacy Policy, which is available online;
10.1.3 If weF provide you with an updated version of our Privacy Policy, you will promptly review it and ensure that anyone whose data you have shared with us is informed about the changes or directed to the updated policy.
Liability
11.1 This section outlines BXcheckout's total financial liability (including liability for the actions or omissions of its employees, agents, and subcontractors) to the Customer:
11.1.1 arising under or in connection with this Agreement;
11.1.2 regarding any usage of the Services or any part of them by the Customer; and
11.1.3 relating to any representation, misrepresentation (whether innocent or negligent), statement, or tortious act or omission (including negligence) in connection with this Agreement.
11.2 Except as explicitly stated in this Agreement, BXcheckout disclaims all warranties and conditions, whether express or implied, including but not limited to implied warranties of satisfactory quality and fitness for a particular purpose concerning the Services and their use.
11.3 All implied warranties, representations, conditions, and terms of any kind are excluded to the maximum extent permitted by applicable law.
11.4 While BXcheckout makes every effort to maintain high standards and continuous availability of its Website, the Internet is inherently unstable, and interruptions, errors, or delays may occur. Consequently, we are not obligated to ensure uninterrupted operation of the BXcheckout API.
11.5 BXcheckout disclaims any liability related to the use of cryptocurrencies, including:
11.5.1 unknown technical defects;
11.5.2 changes in regulations or legislation; and
11.5.3 currency fluctuations.
11.6 Nothing in this Agreement limits BXcheckout's liability for:
11.6.1 death or personal injury caused by negligence;
11.6.2 fraud, fraudulent misrepresentation, or fraudulent statements; or
11.6.3 any statutory liability that cannot be limited.
11.7 Subject to clause 11.6, BXcheckout shall not be liable for any indirect, special, punitive, or consequential losses, including loss of profits, business, data, goodwill, or pure economic loss. This includes any loss, damage, or corruption of cryptocurrencies resulting from the actions, instructions, or omissions of the Customer. Such losses may also arise from the Customer's failure to secure wallet access credentials.
Except for the statements explicitly outlined in this Agreement, you acknowledge that you have not relied on any other statements, whether written or oral, regarding your use of the BXcheckout Services and Site.
Warranties and Representations
12.1 By entering into this Agreement, you confirm and agree that:
12.1.1 you have the authority to enter into this Agreement;
12.1.2 you acknowledge that BXcheckout does not guarantee that any Services provided through its API will meet your specific needs and that you should seek independent advice regarding the suitability of such Services;
12.1.3 you are acting on your own behalf and not for any third party;
12.1.4 your use of the Services complies with all applicable laws;
12.1.5 you will not provide false or misleading information;
12.1.6 you will not introduce malicious software, viruses, or other harmful components that could compromise the BXcheckout Services;
12.1.7 any funds or cryptocurrencies transferred to your Wallet are lawfully acquired;
12.1.8 you will not use an anonymizing proxy or unauthorized tools to access our systems;
12.1.9 you will not harass or threaten BXcheckout employees, agents, or users;
12.1.10 you understand that while BXcheckout strives for accuracy, it does not guarantee the accuracy or completeness of the information provided;
12.1.11 all information you provide is true, complete, and up to date; and
12.1.12 You will assist BXcheckout in fulfilling its obligations under this Agreement as needed.
12.2 BXcheckout warrants that it will deliver the Services with reasonable care and skill.
12.3 BXcheckout provides its Services "as is" and does not guarantee uninterrupted availability or error-free operation of its Services or Site.
12.4 BXcheckout makes no guarantees regarding the applicability of its Services in all jurisdictions and advises users to ensure compliance with local laws.
Stored Card Details
13.1 To process payments, we must obtain your consent to store your card details. By accepting these Terms, you authorize us to store your card information.
13.2 Your card will remain stored for future transactions unless you remove it or it expires. Transaction records will be retained as required by our Privacy Policy.
13.3 Storing card details allows for faster transactions and fraud prevention.
13.4 Your account will display only the last four digits of your stored card for reference purposes.
13.5 Stored card details are compared against fraud prevention systems to protect your data.
13.6 If you do not consent to storing your card details, we cannot process payments using that card.
13.7 Any changes in how your card details are used will require your consent.
Right of Withdrawal
14.1 You have 14 calendar days to withdraw from this Agreement without providing a reason or incurring penalties. This period starts the day after your application is accepted.
14.2 Services fully delivered before withdrawal cannot be reversed.
14.3 To withdraw, notify us via email at support@bxcheckout.com within the 14-day period.
14.4 Upon withdrawal, this Agreement will terminate without cost to you.
15. Term
15.1 This Agreement begins as outlined in Clause 1 and remains in effect unless either party provides written notice of termination in accordance with the terms of this Agreement.
15.2 The Customer may terminate this Agreement immediately by delivering written notice to BXcheckout.
15.3 BXcheckout reserves the right to terminate this Agreement in alignment with its provisions.
16. Force Majeure
16.1 No party will be held liable for failing to fulfill their obligations under this Agreement if such failure results from circumstances beyond their reasonable control.
17. Notices
17.1 Communication may be conducted by posting information in your Account or on the Website, where legally permissible. Such postings will be considered received once made available.
17.2 We may also reach you via the postal or email address you provided when opening your Account. Notices sent by email are deemed received at the time of transmission as recorded by the sender (or at 9 am on the first Business Day following a transmission sent outside business hours). Notices sent by post are considered received on the second business day after dispatch.
18. Complaints
18.1 If you have any complaints about the Services, please contact support@bxcheckout.com.
19. General
19.1 Compliance with Laws: You are required to adhere to all applicable laws, regulations, licensing requirements, and third-party rights, including but not limited to data privacy laws, when using BXcheckout’s Services.
19.2 Site and Content Use: We grant you a limited, non-exclusive, non-transferable license to access and use the Site and its Content solely for authorized purposes. Any unauthorized use, including copying, distributing, or modifying the Content, is prohibited. All rights remain with BXcheckout and its licensors.
19.3 Trademarks: “BXcheckout,” BXcheckout.com, and related logos are trademarks of BXcheckout or its licensors. Unauthorized use is prohibited without prior written consent.
19.4 Export and Sanctions Compliance: By using the Site or Services, you agree to comply with international export controls and sanctions. You may not use the Services if:
19.4.1 You are located in or are a resident/national of a sanctioned country such as Cuba, Iran, North Korea, Sudan, or Syria, or if you are listed as a Sanctioned Person by relevant authorities.
19.4.2 You intend to supply acquired Digital Currency or Services to a Sanctioned Country or Sanctioned Person.
19.5 Amendments: Changes to the Agreement will be notified through the Services or the Site. Continued use of the Services after such changes constitutes acceptance. If you disagree, you may terminate the Agreement immediately.
19.6 Copies of the latest version of this Agreement are always available on the Site and can be provided upon request via email.
19.7 Nothing in this Agreement shall create a partnership, joint venture, or agency relationship between you and BXcheckout.
19.8 User Information: Information obtained about another user through the Services must be kept confidential and used only for transaction purposes unless explicit consent is obtained.
19.9 Contact Information: Maintain updated email and phone details in your Account to receive notifications, including alerts about potential Security Breaches.
19.10 Entire Agreement: This Agreement, including referenced documents, represents the full understanding between you and BXcheckout and supersedes prior agreements.
19.11 Section Headings: Section headings are for convenience and do not affect interpretation.
19.12 Assignment: You may not transfer your rights or obligations under this Agreement. BXcheckout may assign its rights and obligations, including during mergers or acquisitions, provided service quality is not impacted.
19.13 Invalidity: If any provision is deemed invalid or unenforceable, the remaining provisions remain effective.
19.14 Enforcement: Failure to enforce any provision does not constitute a waiver of rights.
19.15 Language: The Agreement and notifications will be in English. In case of discrepancy, the English version prevails.
19.16 Change of Control: In case of BXcheckout’s acquisition or merger, relationships and collected information may be transferred.
19.17 Survival: Provisions that naturally survive termination of this Agreement remain binding.
19.18 Governing Law: This Agreement is governed by Lithuanian law, with disputes subject to Lithuanian courts.
19.19 Feedback: For feedback or questions, contact us via the support webpage or at support@bxcheckout.com.