Terms of Service

Disclaimer and Scope of Agreement

PLEASE REVIEW THIS DISCLAIMER THOROUGHLY PRIOR TO UTILIZING OUR SERVICES.

This Disclaimer provides critical information pertaining to your interactions with the Services, which are furnished by Bouvier s.r.o., hereinafter referred to as "Boostex." Bouvier s.r.o. is a company duly organized under the laws of the Czech Republic, Company Number: 22292900, with its registered office at Cimburkova 916/8, Žižkov, 130 00 Prague 3, Czech Republic.

It is stipulated that the Terms of Service contained herein may apply differently concerning various Services and transactions. Any terms applicable to specific services and transactions not explicitly referenced in this document shall supplement, but must not overwrite or otherwise prevail over, the provisions of these Terms.

Users are strongly advised to consider the inherent risks associated with transactions and dealings involving Virtual Currencies. A comprehensive Risk Statement detailing these risks is provided as an Annex 1 to these Terms of Service.

Bouvier s.r.o. does not function as a financial, tax, or legal advisor and shall not be perceived as such. Information and statements conveyed within our legal documents, including these Terms, or across our digital media, are not intended to substitute professional financial, tax, or legal counsel. Prior consultation with relevant professional advisors is strongly recommended to ensure full awareness of the risks, benefits, and nature of this relationship.

Boostex reserves the right to amend these Terms of Service and any other applicable terms prospectively. All alterations and amendments shall be duly published on our website. Your review of the latest version of these Terms is requisite before entering into a contractual relationship or executing any subsequent transactions.

These Terms are designated for customers domiciled within the European Union (EU) and the European Economic Area (EEA). This document constitutes the contract between Bouvier s.r.o. (referenced as "we," "our," or "us") and the Customer (referenced as "you" or "your").

1. Eligibility

Eligibility to access and utilize our Services is determined by a series of factors. Bouvier s.r.o. may, at its sole discretion, decline to provide Services in certain locations and jurisdictions.

To be deemed eligible, you must warrant and represent that:

If the Services are to be used on behalf of a legal entity, the following requirements must also be met:

Boostex retains the right to evaluate your eligibility at any juncture, including requiring proof of eligibility. All decisions concerning eligibility shall be final.

2. Our Services

Bouvier s.r.o. operates under an active and valid crypto-currency authorization supervised by the Financial Analytical Office (Finanční analytický úřad, or "FAU"). 

Our Services include:
Virtual Currency to Fiat Currency exchange,
Fiat Currency to Virtual Currency exchange, and
Virtual Currency to Virtual Currency exchange.

2.1. Virtual Currency Exchange ("the Exchange")

The Exchange facilitates the execution of purchases and sales of Virtual Currencies at the rates indicated via your Account. Access to the Exchange may be limited based on security standards of certain hardware and software devices, which cannot guarantee the safety and transparency of necessary security protocols.

2.2. Orders

2.2.1. Placing Orders

The Exchange operates on a full reserve principle. All Orders are executed on a pre-paid basis, mandating that the Account possess sufficient free funds to fulfill the Order, covering the Order value and all applicable fees. Any Order exceeding the available funds will be rejected39. Orders cannot be cancelled after they have been processed for fulfillment.

2.2.2. Order Fulfilment

Order fulfillment is not guaranteed and may be affected by numerous factors, including, but not limited to: the Exchange's operational status (downtime, maintenance), the Order's potential effect on the Market (i.e., Market Manipulation), and Compliance requirements.

In the event of failure to execute an Order due to technical or external conditions outside our direct control, we shall not be liable for any failures or delays. Orders failing to meet compliance requirements will be subject to review. We reserve the right to delay execution until compliance clearance is complete, and will not fulfill Orders lacking necessary information for compliance.

2.2.3. Conversion Fees and Exchange Rates

Conversion Fees are non-fixed-rate and are subject to change. The applicable fee will be visible prior to Order placement. Exchange Rates are fluctuating and may differ between purchase and sale. By placing an Order, you acknowledge the fluctuating nature of Exchange Rates.

2.3. Deposits, Transactions, and Withdrawals

2.3.1. Deposits

We shall not be liable for any error, failure, delay, or reliability issues pertaining to the external service providers utilized by you to deposit funds.

2.3.2. Virtual Currency Transactions

Any Virtual Currency funds held in your Account are your property, held by us solely on a custodial basis for your benefit and on your behalf. By no means shall Bouvier s.r.o. use these funds for purposes of transferring ownership, loaning them, or claiming interests.

You acknowledge the risks associated with Virtual Currencies, and Bouvier s.r.o. shall not be liable for any losses or fluctuations in their value. Virtual Currency funds may be stored in shared blockchain addresses controlled solely by us, but they will not be stored unsegregated from Bouvier s.r.o.'s own funds. Any transaction associated with money laundering, financing terrorism, fraud, or other financial crimes will never be processed.

2.3.3. Withdrawals

Fiat Currency withdrawals are permissible only to a bank account opened in your name. Withdrawals to third-party bank accounts are prohibited. Virtual Currency withdrawals are processed at the speed of the applicable network, and we are not liable for any related delay or interruption.

2.3.4. Risk Disclaimer

Transaction confirmation is handled by decentralized, peer-to-peer networks controlled entirely by third parties not associated with Bouvier s.r.o. We exercise no control over these networks and are not responsible for transaction confirmation. Transactions may be delayed, incomplete, or irreversible. This disclaimer extends to events such as network forks or other disruptions.

2.3.5. Password Retrieval

Bouvier s.r.o. shall not be obliged to assist you in retrieving, storing, or providing copies of any passwords, keys, or transaction history. You are solely responsible for the secure storage of all credentials.

3. Your Account

3.1. Registering an Account

Registration requires submission of details, including a password, and acceptance of these Terms. You confirm you are acting on your own behalf. Appointing a third party to act on your behalf does not waive any liability from you. One person may create and use only one Account.

3.2. Compliance Clearance

Compliance Clearance is performed by our team to assess your eligibility in accordance with the AML/CTF Act (Czech Republic). We request specific information to verify your identity, source of funds, and business activities. You acknowledge and confirm that all submitted information is true, accurate, and complete, and you will notify us of any changes. We reserve the right to forward submitted information to competent authorities if we suspect fraud, money laundering, or other financial crimes.

3.3. Enhanced Compliance Due Diligence

This procedure is applied to users whose risk profile has been determined as high, or when you elect to increase your transaction limits.

3.4. Transaction Limits

Limits are imposed based on factors including your risk profile, business activities, and verification steps completed. A request to raise limits may trigger the need to complete Enhanced Compliance Due Diligence. The decision to raise or lower limits is made at our sole discretion.

3.5. Account Closure

You retain the right to close your Account at any time. The closure may incur additional fees, expenses, and charges for transferring remaining funds. Closing an Account does not invalidate or annul the validity of any provisions of these Terms to which you were previously subject.

4. Breach of Agreement

4.1. Prohibited Use

All transactions must adhere to the principles of bona fide, competitiveness, fairness, and transparency. The following acts are strictly prohibited on the Exchange and in regards to all Services:

4.2. Account Suspension and Termination

Bouvier s.r.o. may suspend, restrict, or terminate your Account, and limit access to Services, for reasons including (but not limited to):

Upon suspension or termination, any Order or Transaction will be placed on hold, cancelled, or reversed. We reserve the right to suspend or terminate without specifying reasons by providing a one-month notice. Non-disclosure of reasons may be based on confidential criteria related to security and risk mitigation.

5. Liability

5.2. Disputes with Other Users

You acknowledge that should you engage in a dispute with any other Boostex user, neither we nor any of our affiliates or representatives shall be liable for claims, losses, or damages resulting from said disputes. Such disputes must be settled directly with the concerned user(s).

5.3. Indemnification

You agree to indemnify and hold harmless Bouvier s.r.o. and all affiliated parties from all claims, losses, and damages resulting from:

5.4. Disclaimer of Warranties

Boostex Services and Site are provided on an "as is" and "as available" basis, and no express, implied, or statutory warranties are granted regarding title, merchantability, data accuracy, or fitness for a particular purpose. We do not warrant that access to our Services or Site shall be continuous, uninterrupted, timely, or error-free.

Information, views, or estimates provided are for informative purposes only. Your decisions based on such information are made on your own assessment of its relevance and accuracy, and we shall hold no liability over any damage or loss arising from your use of this information. None of our Services constitute investment, financial, regulatory, tax, or legal advice.

5.5. Disclaimer of Liability

In no event and under no circumstances shall Bouvier s.r.o. or its affiliates be liable, whether in contract, tort, negligence, strict liability, or otherwise, for any:

This limitation of liability explicitly applies to damages, interruptions, and errors caused by computer viruses, malicious software, as well as external network events such as phishing, spoofing, network forks, 51% attacks, and force-majeure events. This also applies to damages arising from the amendment, introduction, or altering of legislation.

6. Complaints and Dispute Resolution

6.1. Governing Law

These Terms, your rights, obligations, and all actions arising from these Terms are governed by the laws of the Czech Republic.

6.2. Complaints Filed with Us

You shall first address any complaint or dispute with our support team prior to seeking external dispute resolution. You must contact Customer Support via hello@boostex.so, detailing the issue and providing supporting evidence. A response will be provided no later than within 14 days from submission, with a maximum period for reply not exceeding 30 days.

6.3. Alternative Dispute Resolution

Alternative dispute resolution, including mediation and arbitration, may be pursued if resolution through Customer Support is unsuccessful.

6.4. Arbitration

By initiating arbitration proceedings, you willingly waive your right to resolve any dispute through litigation. Arbitration shall be conducted in accordance with the rules of the European Court of Arbitration by a sole arbitrator. The language of proceeding shall be English.

6.5. Dispute Resolution in Court

If dispute resolution through all prior means fails, you retain the right to initiate legal action in the exclusive jurisdiction and venue of the District Court of Prague located in Prague, Czech Republic. You agree not to initiate legal action in any other jurisdiction.

7. General Provisions

7.1. Intellectual Property

All intellectual property rights pertaining to materials and content connected with Bouvier s.r.o. are protected by applicable regulations. Such material can only be used in a personal, lawful, and non-commercial manner. Distribution, reproduction, display, public performance, and sharing on third-party websites are strictly prohibited. Prior written permission is required for any copying or sharing.

7.2. Taxes

Bouvier s.r.o. does not provide any tax advice and shall not be perceived as a tax advisor. You are solely responsible for obtaining professional tax advice in your own jurisdiction.

7.3. Transfer and Assignment

These Terms are applicable exclusively to you. Your rights, licenses, obligations, and interests may not be assigned or transferred to any other person.

7.4. Relationship of the Parties

The relationship between Bouvier s.r.o. and you is of a contractual nature only. These Terms shall not be construed to establish a partnership, joint venture, agency, consultancy, or trusteeship relationship.

7.5. Language

The language of these Terms in their original form is English. In the event of any divergence from or inconsistency with the English language version, the English language version shall prevail.

ANNEX 1: RISK DISCLOSURE

Your access and use of the Services are at your sole risk. The risk of dealing in Virtual Currencies is substantial. You should be aware of the possibility of total and irreversible loss of your financial assets. You acknowledge that:

ANNEX 2: PROHIBITED BUSINESSES

This non-exhaustive list details business activities for which our services may not be used, and shall be perceived as Prohibited Business: