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Terms and Conditions

IMPORTANT—YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE COMPLETING REGISTRATION (AND IF APPLICABLE INSTALLATION OF THE COMPANY’S PROPRIETARY SOFTWARE). BY CLICKING ‘ACCEPT’ OR ‘I AGREE’ OR ‘CONTINUE’ AS THE CASE MAY BE, AND THEREFORE REGISTERING AND/OR USING THE COMPANY’S SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND END USER LICENSE AGREEMENT, THAT YOU UNDERSTAND ITS CONTENT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OR ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT ACCESS NOR USE THIS WEBSITE.

  1. This Agreement is between the Company Kostenga UAB, Esaki Sodu 18-oji St. 11 Vilnius, Lithuania, Legal Entity Code: 306036508 and yourself (hereinafter referred to as: “you” or “Customer”) (In this Agreement the Company and you may be referred to collectively as the: “Parties”).Without limiting the undermentioned provisions, you understand that laws regarding financial products vary throughout the world, and it is your responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the Site. To avoid any doubt, the ability to access our Site does not necessarily mean that our Services and/or your activities through the Site are legal under the laws, regulations or directives relevant to your country of residence.
  2. The Company is engaged in the operation of an online system facilitating the execution of certain transactions of Financial Contracts (as defined hereunder) by using various platforms and the ICEX brand name (hereinafter referred to as: “ICEX ”). This Agreement applies to both the Company’s Web site and ICEX System (as defined hereunder) as well as to the electronic content and or software currently contained on the Web site that supplies you with real time information about the prices of the Financial Contracts (as defined below) and/or the exchange rates of international currencies, as well as with the ICEX System (as defined hereunder) for the execution of Financial Contracts (as defined below) and/or foreign currency exchange transactions (hereinafter referred to as: the “Service(s)”), and any other features, content or services that the Company may add in the future. The Company provides the Services directly to its customers and/or sometimes by the use of authorized local representatives. The representative applicable to your country, if one is available, is listed in the attached Designated Representatives Exhibit. In the event that the Company has a local representative, the Company may delegate to such representative any powers and/or authorities it so deems fit and necessary from time to time, in connection with the local operations of the ICEX system at your country of residence.
  3. Definitions

    The following terms used in this Agreement shall have the meaning ascribed next to them, unless stated otherwise in this Agreement:
    1. “System” shall mean an electronic system designed to facilitate exchanges in Financial Contracts via the Internet using the platform operated by ICEX as defined above subject to all terms of this Agreement and the terms of the Exchange Manual (as defined below) which conforms an integral part of the Agreement;
    2. “Financial Contract” or “Contract” shall mean a contract to purchase CRYPTO or Digital Exchange or any other financial offering that the Company may offer by the System from time to time to its customers;
    3. “CRYPTO or Digital Exchange” shall mean an Digital Asset which offers a fixed return predetermined at the onset of the Contract;
    4. “Contract Price” shall mean the rates offered by the System and based upon “indicative” rates provided by various financial information systems as the current updated rates for contracts of the applicable nature on the financial markets;
    5. “Markets” shall mean the international financial, commodities, and other applicable markets, where contract rates are being fixed upon free Exchange, and other markets where various financial assets are exchanged;
    6. “Business Day” shall mean one calendar day beginning at 00:00 and ending at 23:59 GMT;
    7. “Transaction” shall mean purchase/sale of a Financial Contract for a fixed price;
    8. “Closing” shall mean a reversed transaction aimed to close an open position (sale of a financial contract previously purchased and vice versa) with a sum or at a quantity identical to the one spent in the initial transaction on the same Business Day;
    9. “Collateral” shall mean the initial sum deposited by you with the Company after the deduction of loses, deduction of funds withdrawn by yourself, plus profits derived from the Transactions;
    10. “Exchange Manual” shall mean the manual detailing the procedures and terms for the performance and execution of Transactions;
  4. Membership Eligibility

    The Company’s Services are available and may be used only by individuals or companies who can form legally binding contracts under the applicable laws in their country of residence. In addition, the Services are not available to persons under the age of 18 or otherwise under legal age or who cannot execute legally binding contracts under laws of their country of residence (“Minors”). If you are a minor, you may not use this service. For the avoidance of doubt, the Company shall not be responsible for any unauthorized use of its Services by Minors in any way or manner. Furthermore, the Services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring Financial Contracts via this site and have done so without relying on any information contained in this site. To remove any doubts, the Company is under no obligation to verify and/or check whether you possess such sufficient knowledge and/or experience, nor shall it be responsible for any damage and/or loss incurred by you as a result of insufficient knowledge and/or experience. Furthermore, it is hereby clarified that the Company is not, and shall not, be responsible in any way to the accuracy of any information published on its Web site by itself or by others, and every published or referenced item of information should be regarded as unfounded information for the purposes of managing your activity and risks. We strongly emphasize that you must ensure that all information required by you was checked and confirmed by yourself, through independent information sources to your satisfaction prior to the execution of any action by yourself on the Web site. IF YOU DO NOT HAVE THE KNOWLEDGE AND/OR EXPERIENCE AND/OR PERSONALLY ASSESSED DATA OR EXECUTE TRANSACTIONS BASED ON A LEARNED BASIS PLEASE DO NOT USE OUR WEB SITE OR SYSTEM.
  5. Definitions

    The following terms used in this Agreement shall have the meaning ascribed next to them, unless stated otherwise in this Agreement:
    1. “System” shall mean an electronic system designed to facilitate exchanges in Financial Contracts via the Internet using the platform operated by ICEX as defined above subject to all terms of this Agreement and the terms of the Exchange Manual (as defined below) which conforms an integral part of the Agreement;
    2. “Financial Contract” or “Contract” shall mean a contract to purchase CRYPTO or Digital Exchange or any other financial offering that the Company may offer by the System from time to time to its customers;

Risk Factors Disclosure appendix

THE EXECUTION OF FINANCIAL TRANSACTIONS, SIMILAR IN NATURE TO THE TRANSACTIONS CONTEMPLATED AND DESCRIBED IN THIS AGREEMENT INVOLVE THE USE OF A FINANCIAL LEVERAGE. THE USE OF A HIGH FINANCIAL LEVERAGE COUPLED WITH EXECUTION OF THE TRANSACTIONS DESCRIBED IN THIS AGREEMENT SHOULD BE CONSIDERED AS HIGH RISK FINANCIAL ACTIVITIES. YOU SHOULD CAREFULLY CONSIDER WHETHER THIS KIND OF FINANCIAL ACTIVITY SUITS YOUR NEEDS, YOUR FINANCIAL RESOURCES AND YOUR PERSONAL CIRCUMSTANCES. SINCE THE RISK OF LOSS OF PART OR ALL OF THE INVESTED FUNDS IN A SHORT PERIOD OF TIME IS HIGH, IT IS ADVISABLE TO USE FUNDS WHICH ARE DESIGNATED BY YOU FOR HIGH RISK SPECULATIVE FINANCIAL TRANSACTIONS.
THE CAUTIONS DETAILED IN THIS DISCLOSURE SECTION DO NOT INCLUDE ALL POSSIBLE RISKS ASSOCIATED WITH THE KIND OF TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT.
EXCHANGING IN FINANCIAL MARKETS IN GENERAL AND PURCHASING DIGITAL Assets IN PARTICULAR IS SPECULATIVE AND INVOLVES EXTREMELY HIGH RISK AND HIGH FINANCIAL LEVERAGE. IT IS MANIFESTLY STATED BY THE CLIENT THAT HE FULLY UNDERSTANDS THAT MINOR DIFFERENCES IN MARKET PRICES MAY OCCUR IN SHORT TIME PERIODS AND MAY CAUSE HIGH PROFITS OR LOSSES IN RELATION TO THE SECURITIES, AS HIGH AS TOTAL LOSS OF ALL SECURITIES, ALL IN SHORT TIME PERIOD AND THAT THERE IS NO EXISTING METHOD THAT CAN ASSURE PROFITS FROM TRANSACTIONS IN FINANCIAL MARKETS.
BY REGISTERING TO THE SITE OPENING AN ACCOUNT AND CARRYING OUT TRANSACTIONS, YOU HEREBY APPROVE THAT YOU ARE AWARE OF THE FOLLOWING:
THE TYPE OF TRANSACTIONS OFFERED BY THE SYSTEM MAY BE CONSIDERED SPECIAL RISK TRANSACTIONS AND CARRYING THEM OUT MIGHT INVOLVE HIGH LEVEL OF RISK.
YOU AGREE AND CONFIRM THAT YOU HAVE FULL INFORMATION AND KNOWLEDGE REGARDING DIGITAL ASSETS, INCLUDING CRYPTO DIGITAL EXCHANGING AND THE RISKS INVOLVED IN DIGITAL ASSETS TRANSACTIONS IN GENERAL AND CRYPTO /DIGITAL EXCHANGING TRANSACTIONS IN PARTICULAR. CARRYING OUT TRANSACTIONS IS AT YOUR SOLE DISCRETION AND YOU HEREBY UNDERTAKE THE RISKS INVOLVED IN SUCH TRANSACTIONS AND HAS THE FINANCIAL CAPABILITY TO FINANCE THE AFORESAID TRANSACTIONS.
YOU ARE AWARE THAT THE CONTRACT PRICES PRESENTED BY ICEX MAY BE REFERRED TO AS STRIKE PRICE OR DIGITAL ASSET PRICE ARE THE PRICES AT WHICH ICEX IS WILLING TO SELL ITS CRYPTO /DIGITAL ASSET. THESE PRICES DO NOT NECESSARILY REFLECT LIVE MARKET VALUES.
IN THE EVENT OF PURCHASING CRYPTO /DIGITAL ASSET YOU MIGHT EXPOSE YOURSELF TO CONSIDERABLE LOSS OF THE INVESTED MONEY OR EVEN TO TOTAL LOSS OF THE SECURITIES.
YOU READ THE TERMS OF THIS AGREEMENT AND ALL TERMS RELATING TO FINANCIAL CONTRACTS AS THEY ARE DEFINED IN THIS AGREEMENT PRIOR TO THE EXECUTION OF ANY FINANCIAL CONTRACT AND FULLY UNDERSTAND THE CONSEQUENCES AND RESULTS OF SUCCESS OR FAILURE.
YOU KNOW THAT INCORRECT INVESTMENT MAY CAUSE YOU CONSIDERABLE LOSS.
YOU KNOW THAT THE LIFETIME OF ANY FINANCIAL CONTRACT OFFERED BY THE SYSTEM MAY BE AS SHORT AS A FEW MINUTES.
THE USE OF THE SYSTEM IS SOLELY DESIGNATED FOR SOPHISTICATED USERS WITH THE ABILITY TO SUSTAIN SWIFT LOSSES UP TO TOTAL LOSS OF THE INVESTED MONEY AND/OR THE SECURITIES. YOU ARE RESPONSIBLE FOR CAREFUL CONSIDERATION WHETHER SUCH TRANSACTIONS SUITS YOU AND YOUR PURPOSES WHILE TAKING INTO CONSIDERATION YOUR RESOURCES, YOUR PERSONAL CIRCUMSTANCES AND UNDERSTANDING THE IMPLICATIONS OF ACTIONS MADE BY YOURSELF. IT IS HIGHLY RECOMMENDED THAT YOU CONSULT WITH TAX EXPERTS AND LEGAL ADVISORS.

Dispute Policy

The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement. If the parties fail to agree upon terms of settlement, either side may submit the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose decision shall be final and binding. The arbitration proceedings shall be conducted in English, in Lithuania, or another place agreed to by the Parties. Without derogating of the provisions above, this clause explicitly sets exclusive jurisdiction to said arbitration process, and neither Party shall be entitled to submit any dispute to the courts of its domicile which contradicts said arbitration process.

Refund Policy

When you open an account with The Company the payment will be debited from your credit card immediately. If you are not satisfied with The Company exchange platform for any reason, you have the right to apply for a refund of your remaining balance. Please note that if you have received a bonus, you will have to follow the bonus T&C. If you decide to apply to refund your purchase, all logins and memberships will be deactivated. Whether your application will be approved or declined shall be at the sole discretion of the Company. Please allow up to 48 hours for our customer support team to approach your request. Our support team will contact you to confirm your request or to ask for additional information if needed. All refunds will be issued in the form of payment in which they were made within 48 hours of approval.

Termination Policy

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. Except for the withdrawal of accumulated funds, you will not be entitled to any remedy for discontinuing the services, all subject to our WD policy and applicable laws and regulations. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

Complaints Policy

When registering, you will have to provide us with some specific identification information. You are responsible for the security of your account’s login and password with ICEX. You are solely responsible for any damage caused by reason of any act or omission resulting in improper or illegal use of your account.

You agree to provide accurate and complete information about yourself during the registration process and you also agree not to impersonate another person or entity, and not to hide your identity for ICEX for any reason whatsoever. If you register as a commercial entity, you declare that you have the required authority to bind that entity to this Agreement.
ICEX carefully treats the information you provide to us according to the disclosure of information provided during the registration process and privacy policy.

Also, note ICEX maintains effective and transparent procedures for reasonable prompt complaint handling for existing and potential retail clients, and we keep records of complaints and measures taken for complaint resolution. The purpose of this procedure is to ensure fair and consistent dealing with client complaints whilst striving to provide the highest level of customer service.

Governing Law and Jurisdiction

Without limiting the undermentioned provisions, you understand that laws regarding financial products vary throughout the world, and it is your responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the Site. To avoid any doubt, the ability to access our Site does not necessarily mean that our Services and/or your activities through the Site are legal under the laws, regulations or directives relevant to your country of residence.

This Agreement will be governed by in accordance with the laws of Lithuania without regard to its choice of law principles. Any legal action or proceeding arising in connection with this Agreement will be brought exclusively in courts of Lithuania, and the parties irrevocably consent to such personal jurisdiction and venue.