Terms & Conditions

1. Introduction

1.1. These Terms and Conditions (“Terms”) govern your access to and use of the website, mobile applications, and all online services (collectively, the “Service”) provided by Cloudpeak Systems s.r.o., a company registered in the Czech Republic, with its registered office at Na strži 1702/65, Nusle, 140 00 Praha 4, Prague, company identification number (IČO): 21721769, and authorized by the Czech authorities to provide services related to virtual assets in accordance with applicable Czech and European Union law.

1.2. By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as any additional terms, policies, or notices expressly incorporated herein by reference. If you do not agree to these Terms in their entirety, you must not access or use the Service.

1.3. Cloudpeak Systems s.r.o. is committed to operating in full compliance with all applicable laws and regulations, including but not limited to the Czech Act on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism (the “AML Act”), relevant EU Directives and Regulations, and guidance issued by the Czech Financial Analytical Office (FAO) and other competent authorities.

1.4. The Service is intended exclusively for individual clients who wish to exchange fiat currency (such as EUR, USD) for cryptocurrency (such as BTC, ETH) and vice versa. Cloudpeak Systems s.r.o. does not provide services to corporate clients, politically exposed persons (PEPs), or residents/citizens of jurisdictions subject to international sanctions or otherwise restricted by our internal risk policies.

1.5. The company’s website https://empresex.io serves as the primary platform for customer onboarding, service delivery, and support, and provides access to all relevant policies, procedures, and contact information.

1.6. Services Provided in Accordance with MiCA

Cloudpeak Systems s.r.o. provides its services in accordance with the Markets in Crypto-Assets Regulation (MiCA) and all applicable Czech and European Union laws. The scope of services includes, but is not limited to, the exchange of fiat currency and virtual assets, custody of digital assets, and related customer support, as further described on the company’s website. The company reserves the right to update the scope of services in accordance with regulatory requirements.

2. Acceptance of Terms

2.1. By clicking “Create Account,” “Register,” or any similar button, or by otherwise accessing or using the Service, you expressly acknowledge and agree to be bound by these Terms and all policies incorporated by reference, including but not limited to the Privacy Policy and AML/CTF Policy.

2.2. If you do not understand or accept these Terms in their entirety, you must not register for an account or use the Service.

3. Amendments

3.1. Cloudpeak Systems s.r.o. reserves the right to amend, modify, or update these Terms at any time, in its sole discretion. Any changes will become effective upon posting on the company’s website or upon notification to you by email or other means. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

3.2. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.

3.3. Cloudpeak Systems s.r.o. generally notifies users of material changes to the Terms. Such notification may be provided by posting relevant information on the Platform and, where appropriate, by sending notifications via email or other available means. Continued use of the Platform after such changes take effect constitutes acceptance of the updated Terms.

4. Key definitions

For the purposes of these Terms, the following capitalized terms shall have the meanings set forth below. Additional definitions may be provided in context or in the Sections.

“Account” means a user account registered with Cloudpeak Systems s.r.o. for the purpose of accessing and using the Service.

“Actual Exchange Rate” means the exchange rate at which a specific exchange order is executed by Cloudpeak Systems s.r.o.

“Agreement” means these Terms & Conditions, including all Sections, policies, and documents incorporated by reference.

“AML/CTF Act” means the Czech Act No. 253/2008 Coll., on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism, as amended, and any related EU Directives and Regulations.

“Applicable Law” means all laws, regulations, rules, and guidance applicable to Cloudpeak Systems s.r.o., including but not limited to Czech and EU law.

“Business Day” means any day on which banks are open for business in the Czech Republic, excluding weekends and public holidays.

“Client” or “User” means any natural person who registers for or uses the Service, subject to eligibility and KYC requirements.

“Cryptocurrency” means any digital asset supported by the Service, including but not limited to Bitcoin (BTC), Ethereum (ETH), and other virtual assets as may be listed from time to time.

“Customer Due Diligence (CDD)” means the process of verifying the identity of a client and assessing the risk associated with the client, in accordance with AML/CTF requirements.

“Director” means the individual appointed as the statutory director of Cloudpeak Systems s.r.o.

“Enhanced Due Diligence (EDD)” means additional measures taken to verify the identity and assess the risk of high-risk clients or transactions, as required by law and internal policy.

“Exchange Fees” means the fees charged by Cloudpeak Systems s.r.o. for the provision of the Service, which are set at the company’s sole discretion.

“External Account” means any financial account, payment service, or cryptocurrency wallet owned or controlled by the client, maintained by a third-party institution.

“Fiat Currency” means government-issued currency that is not backed by a physical commodity, such as EUR or USD.

“Force Majeure Event” means any event or circumstance beyond the reasonable control of Cloudpeak Systems s.r.o., including but not limited to natural disasters, war, civil unrest, government action, network or system failures, or other events as further defined herein.

“Funds” means any fiat currency or cryptocurrency held, transferred, or exchanged through the Service.

“Intellectual Property” means all proprietary content, software, trademarks, copyrights, and other intellectual property rights owned or licensed by Cloudpeak Systems s.r.o.

“KYC” means “Know Your Customer,” the process of verifying the identity of clients and assessing their risk profile in accordance with AML/CTF requirements.

“Market Exchange Rate” means the prevailing market rate for a given fiat/cryptocurrency pair, as determined by Cloudpeak Systems s.r.o. or its liquidity providers.

“MLRO” means the Money Laundering Reporting Officer appointed by Cloudpeak Systems s.r.o., responsible for overseeing AML/CTF compliance.

“PEP” means a Politically Exposed Person, as defined by applicable law and internal policy.

“Privacy Policy” means the policy governing the collection, use, and protection of personal data by Cloudpeak Systems s.r.o.

“Prohibited Business” means any business, activity, or transaction that is not permitted under these Terms, applicable law, or internal policy, as further detailed in Section 1.

“Prohibited User” means any person or entity that is not permitted to use the Service, as further detailed in Section 2.

“Service” means the online platform and related services provided by Cloudpeak Systems s.r.o. for the exchange of fiat currency and cryptocurrency.

“UBO” means Ultimate Beneficial Owner, the natural person who ultimately owns or controls Cloudpeak Systems s.r.o.

“Wallet” means any cryptocurrency address or account owned or controlled by the client, external to the Service.

“Website” means the official website of Cloudpeak Systems s.r.o. (https://empresex.io).

5. Eligibility

5.1. The Service provided by Cloudpeak Systems s.r.o. is available exclusively to natural persons who are at least eighteen (18) years of age, possess full legal capacity, and are not otherwise prohibited from using the Service under applicable law, these Terms, or any internal risk or compliance policy of Cloudpeak Systems s.r.o.

5.2. By registering for or using the Service, you represent and warrant that you:

- (a) are at least eighteen (18) years old and have the legal capacity to enter into a binding contract;

- (b) are not a citizen, resident, or located in any jurisdiction that is subject to sanctions or restrictions under Czech, European Union, or international law, or that is otherwise designated as high-risk by Cloudpeak Systems s.r.o. or its compliance team;

- (c) are not a Politically Exposed Person (PEP) or a close associate or family member of a PEP, as defined by applicable law and internal policy;

- (d) are not acting on behalf of or for the benefit of any third party, legal entity, or corporate client;

- (e) have not previously been suspended or removed from using the Service for breach of these Terms or any applicable law;

- (f) are not included on any government or international list of prohibited or restricted parties, including but not limited to the EU Consolidated List, UN Sanctions List, or the Czech National Sanctions List.

5.3. Cloudpeak Systems s.r.o. reserves the right to refuse, suspend, or terminate access to the Service to any person at its sole discretion, including but not limited to cases where:

- (a) the client fails to meet eligibility criteria;

- (b) the client provides false, incomplete, or misleading information during registration or at any time thereafter;

- (c) the client is suspected of engaging in prohibited activities, money laundering, terrorist financing, fraud, or any other unlawful conduct;

- (d) the client’s use of the Service would expose Cloudpeak Systems s.r.o. to legal, regulatory, or reputational risk.

5.4. You are solely responsible for ensuring that your use of the Service is in compliance with all applicable laws and regulations in your jurisdiction. Cloudpeak Systems s.r.o. shall not be liable for any loss or damage arising from your failure to comply with such laws.

5.5. Cloudpeak Systems s.r.o. may, at any time and without prior notice, require you to provide additional information or documentation to verify your eligibility, identity, or compliance with these Terms and applicable law. Failure to provide such information or documentation in a timely manner may result in suspension or termination of your account.

5.6. By registering an account or using the Service from within the United Kingdom, you expressly confirm that you were not solicited by Cloudpeak Systems s.r.o. or any of its affiliates. You acknowledge that you are accessing the Service on your own exclusive initiative (reverse solicitation). The Company does not actively market or promote its Services in the United Kingdom, and Services are only provided upon the explicit request of the customer.

6. General obligations and restrictions

6.1. By accessing or using the Service, you agree to comply with these Terms, all applicable laws and regulations, and all policies and procedures established by Cloudpeak Systems s.r.o., including but not limited to the AML/CTF Policy and Privacy Policy.

6.2. You may only register and maintain one (1) account with Cloudpeak Systems s.r.o. per individual. Multiple accounts for the same individual are strictly prohibited unless expressly authorized in writing by Cloudpeak Systems s.r.o.

6.3. You agree to provide accurate, current, and complete information during the registration process and to update such information promptly if it changes. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password and any two-factor authentication (2FA) devices or codes.

6.4. You must immediately notify Cloudpeak Systems s.r.o. at [email protected] if you become aware of any unauthorized use of your account, breach of security, or any other suspicious activity. You are responsible for all activities that occur under your account, whether or not authorized by you.

6.5. You may only use the Service for your own personal purposes and not on behalf of or for the benefit of any third party. You may not transfer, assign, or otherwise permit any other person to use your account.

6.6. You agree not to use the Service for any unlawful, fraudulent, or prohibited purpose, including but not limited to:

- (a) engaging in money laundering, terrorist financing, or any other financial crime;

- (b) violating any applicable sanctions, export controls, or embargoes;

- (c) conducting or facilitating any prohibited business or activity as set forth in Section 1;

- (d) providing false, inaccurate, or misleading information to Cloudpeak Systems s.r.o. or any third party;

- (e) interfering with, disrupting, or negatively affecting the operation of the Service or the experience of other users;

- (f) attempting to gain unauthorized access to any account, system, or network related to the Service;

- (g) using any automated means, such as bots, scripts, or scrapers, to access or interact with the Service without express written permission.

6.7. Cloudpeak Systems s.r.o. reserves the right to monitor, review, and record all activities and communications on the Service for the purposes of security, compliance, and quality assurance, in accordance with applicable law and the Privacy Policy.

6.8. You consent to receive all communications, agreements, notices, and disclosures from Cloudpeak Systems s.r.o. electronically, whether by email, through the website https://empresex.io, or via other electronic means. You are responsible for maintaining a current and valid email address and for regularly checking your account and email for communications from Cloudpeak Systems s.r.o.

6.9. You are solely responsible for determining and fulfilling any tax obligations that may arise from your use of the Service, including but not limited to reporting and remitting any taxes to the appropriate authorities. Cloudpeak Systems s.r.o. does not provide tax advice and is not responsible for determining whether taxes apply to your transactions.

6.10. If Cloudpeak Systems s.r.o. is unable, for any reason, to return your funds after a reasonable period of inactivity or account closure, such funds may be reported and remitted in accordance with applicable unclaimed property laws and regulations.

6.11. Cloudpeak Systems s.r.o. maintains strict segregation of client funds from company funds. All client fiat and cryptocurrency assets are held in separate accounts or wallets, distinct from the company’s own operational accounts, in accordance with applicable legal and regulatory requirements. This segregation ensures that client assets are protected and not used for company purposes.

6.12. In addition to the general obligations set forth in these Terms, users have the right to access and use the Service in accordance with applicable law and these Terms. Users are obligated to:

(a) Provide accurate and up-to-date information during registration and throughout the use of the Service.

(b) Maintain the confidentiality and security of their account credentials.

(c) Use the Service solely for lawful purposes and in compliance with all applicable laws and regulations.

(d) Promptly notify Cloudpeak Systems s.r.o. of any unauthorized use or security breach.

(e) Fulfill any tax obligations arising from the use of the Service.

6.13. Compliance with Sanctions and Restricted Jurisdictions

You must not use the Service from, or on behalf of, any jurisdiction, individual, or entity that is subject to sanctions, embargoes, or restrictions administered or enforced by the European Union (EU), the United Nations (UN), the United Kingdom (Office of Financial Sanctions Implementation — OFSI), or the United States (Office of Foreign Assets Control — OFAC). The Company maintains internal controls to prevent access from such jurisdictions and reserves the right to deny or terminate Service where there is a risk of violation of applicable sanctions laws.

6.14. Geofencing and Use of Anonymization Tools

The Company may employ geolocation, IP-intelligence, and device-fingerprinting technologies to detect and restrict access from sanctioned or high-risk jurisdictions. The use of VPNs, proxy servers, Tor, or any other anonymization or obfuscation tools intended to disguise the user’s true location or identity is strictly prohibited. Any attempt to circumvent these restrictions may result in immediate suspension or termination of the Account.

6.15. Blockchain Obfuscation and High-Risk Services

Users are prohibited from using the Service in connection with any blockchain “mixers,” “tumblers,” privacy-enhancing technologies, or similar mechanisms primarily designed to conceal the origin, destination, or ownership of funds or digital assets. The Company may reject or freeze any transaction that appears to involve such activity, and may report it to the Czech Financial Analytical Office (FAO) or other competent authorities in accordance with applicable law.

6.16. Sanctions Screening and Re-Screening

All clients are screened against the EU Consolidated Financial Sanctions List, the UN Consolidated Sanctions List, the UK Sanctions List (OFSI), the U.S. OFAC Specially Designated Nationals (SDN) List, and the Czech National Sanctions List. The Company performs ongoing monitoring and automatic re-screening whenever any of these lists are updated. Accounts or transactions identified as potential matches may be suspended or terminated without prior notice pending investigation. Users may be required to provide additional information or documentation to verify compliance.

7. Exchange terms

7.1. Nature of Service

Cloudpeak Systems s.r.o. provides an online platform for the exchange of fiat currency (such as EUR, USD) and cryptocurrencies (such as BTC, ETH) for individual clients. The Service is accessible exclusively through the company’s website at https://empresex.io. All exchange operations are conducted in accordance with applicable Czech and European Union law, and subject to these Terms and all incorporated policies.

7.2. Submitting Orders

By submitting an order through the Service interface, you authorize Cloudpeak Systems s.r.o. to execute the transaction on a spot basis and to charge you all applicable fees, which are set at the company’s sole discretion. You must provide all required information as prompted by the Service, and you represent and warrant that such information is accurate, complete, and up to date.

7.3. Transaction Execution and Settlement

Cloudpeak Systems s.r.o. will use commercially reasonable efforts to execute your transaction at or near the prevailing Market Exchange Rate at the time your order is received. However, you acknowledge and agree that the Actual Exchange Rate at which your order is executed may differ from the Market Exchange Rate due to market volatility, liquidity, or other factors beyond the company’s control. Cloudpeak Systems s.r.o. is not liable for any difference or “slippage” between the Market Exchange Rate and the Actual Exchange Rate.

7.4. Transaction Limits and Restrictions

Cloudpeak Systems s.r.o. may, at its sole discretion and without prior notice, impose limits on the size, frequency, or type of transactions you may conduct, or refuse to process any transaction order, for reasons including but not limited to compliance with legal or regulatory requirements, risk management, or suspected fraud or suspicious activity.

7.5. Payment Methods

Only payment methods specified and approved by Cloudpeak Systems s.r.o. may be used to deposit or withdraw funds. By submitting an order, you represent and warrant that you are authorized to use the designated payment method and authorize Cloudpeak Systems s.r.o. or its payment processor to charge or credit your account accordingly. If your payment method is invalid, expired, or otherwise unacceptable, your order may be suspended or cancelled.

-(a) Transfer of Funds to Your Empresex Account

-(b) You may transfer funds to your Empresex account from an External Account for which you are the beneficial owner. External Accounts may include, but are not limited to, payment service accounts, deposit or bank accounts with licensed financial institutions, or digital asset wallets.

-(c) An approved External Account may be used to deposit funds into your Empresex account or to withdraw funds from your Empresex account, subject to our verification and compliance procedures.

-(d) All External Accounts used for deposits or withdrawals must comply with applicable anti-money laundering (AML) and know-your-customer (KYC) regulations and must be verified in accordance with our internal policies.

-(e) You may deposit funds by bank transfer, subject to acceptance by our payment service provider. By depositing funds via bank transfer, you confirm that you have read, understood, and accepted these Terms. Please note that bank transfers may be delayed or rejected by your bank or our payment service provider.

-(f) Your bank or a third-party payment service provider may decline or reject your transfer. Cloudpeak Systems s.r.o. (Empresex) is not responsible for any losses, fees, or charges incurred as a result of a rejected or delayed bank transfer.

-(g) The use of your bank account is also subject to the terms and conditions of your banking agreement, which may include additional fees or charges imposed by your bank.

-(d) In the event of a payment recall, reversal, or dispute related to a bank transfer, you are responsible for all associated costs and fees. You expressly authorize Cloudpeak Systems s.r.o. to deduct any such costs and fees directly from your available funds in your Empresex account without prior notice.

7.6. Transaction Fees

By using the Service, you agree to pay all applicable fees for exchanges and other transactions, which are set at the sole discretion of Cloudpeak Systems s.r.o. The company reserves the right to change its fees at any time, and such changes will become effective immediately upon implementation. In addition to company fees, your payment provider may impose additional fees, for which you are solely responsible.

7.7. Order Cancellation and Refunds

You may cancel an order at any time before Cloudpeak Systems s.r.o. begins processing the transaction. Once the execution process has started, the order is final and cannot be changed or cancelled. All exchange operations are final, and Cloudpeak Systems s.r.o. does not provide refunds except as expressly provided in these Terms or as required by law.

7.8. Errors and Disruptions

In the event of an error in providing the Service, confirming an order, or processing a transaction, Cloudpeak Systems s.r.o. reserves the right to correct such error and revise your transaction accordingly, or to cancel the transaction and refund any amount received, after deduction of applicable fees. In the event of a Force Majeure Event or market disruption, Cloudpeak Systems s.r.o. may suspend access to the Service or delay the execution of transactions.

7.9. Transfers of Cryptocurrency

Cloudpeak Systems s.r.o. processes purchases and sales of supported cryptocurrencies according to the instructions received from clients. The company does not guarantee the identity of any user, receiver, or other party, and is not required to verify the accuracy, validity, or authenticity of any instruction. You are solely responsible for verifying all transaction information, including wallet addresses, prior to submitting instructions. Cloudpeak Systems s.r.o. is not liable for any loss resulting from errors in wallet address information or delays in the transfer of cryptocurrency due to network congestion or other factors outside the company’s control.

7.10. Unclaimed Property

If Cloudpeak Systems s.r.o. is unable, for any reason, to return your funds after a reasonable period of inactivity or account closure, such funds may be reported and remitted in accordance with applicable unclaimed property laws and regulations.

8. KYC and reversal transaction policy

8.1. KYC Requirement

Completion of a successful Know Your Customer (“KYC”) procedure is a mandatory condition for using the Service. Cloudpeak Systems s.r.o. is committed to full compliance with the Czech AML Act, EU AML Directives, and all applicable regulations and guidance. The KYC process is designed to verify your identity, assess your risk profile, and ensure that you are not subject to any sanctions or restrictions.

8.2. KYC Process and Documentation

To complete the KYC process, you may be required to provide, upload, or otherwise submit the following documents and information:

- (a) A valid government-issued identification document (e.g., passport, national ID card, or driver’s license).

- (b) Proof of address, such as a recent utility bill, bank statement, or government correspondence, showing your name and residential address.

- (c) Live identity verification, which may include a selfie, video call, or biometric verification.

- (d) Declaration of the nature and purpose of your transactions.

- (e) Documentation evidencing the source of funds or source of wealth, if required by your risk profile or transaction volume.

- (f) Any other information or documentation as may be required by Cloudpeak Systems s.r.o. or its compliance team in accordance with applicable law and internal policy.

8.3. Ongoing Due Diligence

Cloudpeak Systems s.r.o. may, at any time, require you to update or re-submit KYC documentation, especially in the event of changes to your personal information, changes in your risk profile, or as part of periodic reviews. Failure to provide updated or additional information may result in suspension or termination of your account.

8.4. Refusal to Complete KYC

If you refuse to complete the KYC process for any reason, you must notify Cloudpeak Systems s.r.o. in writing at [email protected]. You must also provide a valid account or wallet for the reversal of any pending transaction. Upon receipt of your refusal and valid account details, Cloudpeak Systems s.r.o. will initiate a transaction reversal, and your funds will be returned to your specified account or wallet within five (5) business days, subject to applicable fees and legal requirements.

8.5. KYC Failure or AML Policy Refusal

If, pursuant to the KYC process, Cloudpeak Systems s.r.o. determines that you are ineligible to use the Service due to AML policy, compliance directive, or any other reason, the company will initiate a reversal of the transaction, and your funds will be returned to your external account or wallet within five (5) business days of such determination, subject to applicable fees and legal requirements.

8.6. Data Protection and Privacy

All documents and media files submitted as part of the KYC process will be stored and processed in accordance with the Cloudpeak Systems s.r.o. Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR). Your personal data will be used solely for the purposes of identity verification, risk assessment, and compliance with legal obligations.

8.7. Transaction Monitoring and Enhanced Due Diligence

Cloudpeak Systems s.r.o. continuously monitors all transactions for suspicious activity, unusual patterns, or other red flags. If your account or transactions are deemed high risk, the company may require enhanced due diligence (EDD), including additional documentation, interviews, or ongoing monitoring. High-risk accounts or transactions may be subject to additional restrictions, reporting, or termination in accordance with applicable law and internal policy.

8.8. Travel Rule Compliance

Cloudpeak Systems s.r.o. complies with the Travel Rule as required by applicable anti-money laundering and counter-terrorist financing regulations and European Union directives. For transactions involving the transfer of virtual assets, the company collects, verifies, and transmits required originator and beneficiary information to relevant parties and authorities. Users acknowledge and agree to provide all necessary information to facilitate compliance with the Travel Rule.

8.9. Ongoing Sanctions and Watchlist Screening

Cloudpeak Systems s.r.o. continuously screens all clients and transactions against sanctions and watchlists issued by the European Union (EU), United Nations (UN), United Kingdom (OFSI), and United States (OFAC). When these lists are updated, the Company may automatically re-screen existing clients and transactions. Accounts that appear on, or match entries from, such lists may be temporarily restricted, suspended, or terminated pending verification.

8.10. Reporting to Competent Authorities

If Cloudpeak Systems s.r.o. knows or suspects that a transaction, client, or set of activities involves funds derived from criminal conduct or is otherwise subject to sanctions restrictions, the Company will promptly report the matter to the Czech Financial Analytical Office (FAO) and other competent authorities in accordance with applicable law.

9. Risk disclosure statement

9.1. General Risk Acknowledgement

By accessing or using the Service, you acknowledge and agree that engaging in the exchange of fiat currency and cryptocurrency involves significant risks, including but not limited to market volatility, regulatory uncertainty, technological failures, and the potential for total loss of funds. You expressly accept and assume all such risks associated with your use of the Service.

9.2. Market Risk and Volatility

Cryptocurrencies and digital assets are subject to extreme price fluctuations and volatility. The value of cryptocurrencies may increase or decrease rapidly and unpredictably, and past performance is not indicative of future results. You should carefully consider your financial situation, risk tolerance, and investment objectives before engaging in any exchange operations. You should not exchange funds you cannot afford to lose.

9.3. Regulatory and Legal Risk

The legal and regulatory status of cryptocurrencies varies by jurisdiction and is subject to change. New laws, regulations, or policies may adversely affect the use, transfer, exchange, or value of cryptocurrencies. Cloudpeak Systems s.r.o. operates in accordance with Czech and EU law, but cannot guarantee the legal status of cryptocurrencies in your jurisdiction. You are solely responsible for ensuring that your use of the Service is lawful in your country of residence.

9.4. Technological and Security Risk

The Service relies on complex technological systems, including blockchain networks, internet infrastructure, and third-party service providers. These systems may be subject to failures, interruptions, cyberattacks, hacking, malware, or other security breaches. Cloudpeak Systems s.r.o. implements robust security measures, but cannot guarantee the absolute security of your funds or data. You are responsible for maintaining the security of your account credentials, devices, and wallets.

9.5. Operational Risk

Operational risks include, but are not limited to, errors in transaction instructions, delays in processing, network congestion, and failures of third-party payment providers or blockchain networks. Cloudpeak Systems s.r.o. is not liable for losses resulting from operational failures outside its reasonable control.

9.6. Counterparty and Third-Party Risk

Cloudpeak Systems s.r.o. does not guarantee the identity, legitimacy, or solvency of any third party, including payment providers, wallet operators, or other users. You are solely responsible for verifying all transaction details and counterparty information before submitting instructions.

9.7. Force Majeure

Events beyond the reasonable control of Cloudpeak Systems s.r.o., including but not limited to natural disasters, war, civil unrest, government action, or network failures, may disrupt or suspend the Service. Cloudpeak Systems s.r.o. is not liable for any loss or damage arising from such events.

9.8. No Investment Advice

Cloudpeak Systems s.r.o. does not provide investment, financial, legal, or tax advice. All information provided through the Service is for informational purposes only and should not be construed as a recommendation or endorsement. You are solely responsible for making your own independent decisions regarding the use of the Service and the exchange of cryptocurrencies.

9.9. Limitation of Liability

You acknowledge and agree that Cloudpeak Systems s.r.o. shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Service, including but not limited to loss of funds, profits, data, or business opportunities.

9.10. User Responsibility

You are solely responsible for understanding the risks associated with cryptocurrencies and for taking appropriate measures to protect your funds, data, and personal information. You should seek independent professional advice if you have any questions or concerns regarding the risks of using the Service.

10. Intellectual property

10.1. Ownership of Intellectual Property

All content, materials, software, trademarks, logos, designs, text, graphics, images, data, and other intellectual property (collectively, “Intellectual Property”) displayed on or accessible through the Service are the exclusive property of Cloudpeak Systems s.r.o. or its licensors, and are protected by Czech, EU, and international copyright, trademark, and other intellectual property laws.

10.2. Limited License

Cloudpeak Systems s.r.o. grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service and its Intellectual Property for your personal, non-commercial use, subject to these Terms. This license does not permit you to:

- (a) copy, reproduce, modify, distribute, display, perform, publish, transmit, or create derivative works from any part of the Service or its Intellectual Property;

- (b) use any trademarks, logos, or other proprietary marks of Cloudpeak Systems s.r.o. without prior written consent;

- (c) use the Service or its Intellectual Property for any commercial purpose or in any manner that infringes the rights of Cloudpeak Systems s.r.o. or any third party.

10.3. User Content and Feedback

By submitting any suggestions, ideas, feedback, or other content (“User Content”) to Cloudpeak Systems s.r.o., you grant the company a worldwide, perpetual, irrevocable, royalty-free, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media or format, for any purpose, without compensation or acknowledgment to you. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe the rights of any third party.

10.4. Third-Party Intellectual Property

All other trademarks, product names, company names, or logos mentioned in the Service are the property of their respective owners. Reference to any third-party products, services, or content does not constitute or imply endorsement, sponsorship, or recommendation by Cloudpeak Systems s.r.o.

10.5. Infringement and Indemnification

You agree to indemnify and hold harmless Cloudpeak Systems s.r.o. from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or in connection with your infringement of any Intellectual Property rights or your unauthorized use of the Service or its content.

10.6. Reservation of Rights

All rights not expressly granted to you under these Terms are reserved by Cloudpeak Systems s.r.o. and its licensors. Any unauthorized use of the Service or its Intellectual Property is strictly prohibited and may result in civil or criminal liability.

11. Third-party content

11.1. Third-Party Content and Links

While using the Service, you may encounter content, information, materials, or links to websites, applications, or services provided by third parties (“Third-Party Content”). Such Third-Party Content is provided solely for your convenience and informational purposes.

11.2. No Control or Endorsement

Cloudpeak Systems s.r.o. does not control, endorse, sponsor, or assume any responsibility for any Third-Party Content, including but not limited to the accuracy, completeness, legality, reliability, or quality of such content. The inclusion of any link or reference to Third-Party Content does not imply endorsement or recommendation by Cloudpeak Systems s.r.o.

11.3. Risks and User Responsibility

You acknowledge and agree that your access to or use of any Third-Party Content is at your own risk. Cloudpeak Systems s.r.o. is not responsible or liable for any loss, damage, or harm arising from your interaction with or reliance on any Third-Party Content, including but not limited to viruses, malware, or other harmful components that may be present in such content.

11.4. Third-Party Terms and Policies

Your use of Third-Party Content may be subject to separate terms and conditions, privacy policies, or other agreements imposed by the third party. It is your responsibility to review and comply with all applicable third-party terms and policies before accessing or using any Third-Party Content.

11.5. No Liability for Third-Party Actions

Cloudpeak Systems s.r.o. expressly disclaims any and all liability for the actions, omissions, or conduct of any third party in connection with or related to your use of the Service or any Third-Party Content.

12. Customer complaints procedure

12.1. Commitment to Customer Satisfaction

Cloudpeak Systems s.r.o. is committed to providing the highest level of service and client satisfaction. The company values your feedback and strives to address any concerns, complaints, or disputes in a fair, transparent, and timely manner.

12.2. How to Submit a Complaint

If you are dissatisfied with any aspect of the Service, wish to provide feedback, or would like to register a formal complaint, you may do so by:

- (a) Emailing your complaint to [email protected], with “Complaint” in the subject line, or

- (b) Sending a written complaint by regular mail to: Cloudpeak Systems s.r.o.

Na strži 1702/65, Nusle, 140 00 Praha 4, Prague, Czech Republic.

12.3. Information to Include

To facilitate the prompt and effective handling of your complaint, please include the following information:

- (a) Your full name and contact details as registered with your account.

- (b) Your account number or unique user identifier.

- (c) A detailed description of the issue or complaint, including relevant dates, transaction numbers, and supporting documentation if applicable.

12.4. Complaint Handling Process

Upon receipt of your complaint, Cloudpeak Systems s.r.o. will:

- (a) Acknowledge receipt of your complaint within five (5) business days.

- (b) Assign your complaint to a qualified staff member for investigation.

- (c) Strive to resolve your complaint and provide a written response within fourteen (14) business days of receipt. If additional time is required due to the complexity of the issue, you will be informed of the reason for the delay and provided with an updated timeline.

12.5. Escalation and Manager Review

If you are not satisfied with the initial response, you may request an additional review by a manager. Please provide a clear explanation of why you are dissatisfied with the initial resolution. The manager will review your complaint and the previous response, and will provide a final written decision within fourteen (14) business days, or notify you if more time is needed.

12.6. Mediation and External Resolution

If you remain dissatisfied after exhausting the internal complaints process, you may request mediation or seek external dispute resolution as provided in Section 15 (Applicable Law, Arbitration). Cloudpeak Systems s.r.o. will cooperate with any competent authority or mediator in the resolution of your complaint, in accordance with applicable law.

12.7. Record-Keeping and Confidentiality

All complaints and related correspondence will be recorded and retained by Cloudpeak Systems s.r.o. in accordance with legal and regulatory requirements. The company will treat all complaints and personal information with strict confidentiality, in line with its Privacy Policy and applicable data protection laws.

12.8. No Retaliation

Cloudpeak Systems s.r.o. prohibits any form of retaliation against clients who submit complaints or provide feedback in good faith. The company encourages open communication and values your input as an opportunity to improve its services.

13. Discontinuance of service, suspension and termination

13.1. Right to Discontinue or Suspend Service

Cloudpeak Systems s.r.o. reserves the right, at its sole discretion and without prior notice or liability to you, to discontinue, temporarily or permanently, any aspect of the Service, or to suspend or terminate your access to the Service, your account, or any transaction, at any time and for any reason, including but not limited to:

- (a) Breach of these Terms or any incorporated policy;

- (b) Violation of applicable law, regulation, or regulatory guidance;

- (c) Suspected or actual involvement in money laundering, terrorist financing, fraud, or other unlawful activity;

- (d) Failure to provide required KYC or other compliance documentation;

- (e) Provision of false, incomplete, or misleading information;

- (f) Inactivity or failure to respond to communications from Cloudpeak Systems s.r.o.;

- (g) Technical, operational, or security reasons, including system maintenance or upgrades;

- (h) Force Majeure Events or other circumstances beyond the company’s reasonable control.

13.2. Account Deactivation and Deletion

In the event of suspension or termination, Cloudpeak Systems s.r.o. may deactivate your account and delete all related information, subject to legal and regulatory record-keeping requirements. The company will make reasonable efforts to notify you of the suspension or termination and the reasons for such action, unless prohibited by law or regulatory guidance.

13.3. Return of Funds

Upon termination of your account, Cloudpeak Systems s.r.o. will attempt to return any remaining funds in your account to your designated external account or wallet, after deducting any applicable fees, charges, or amounts owed to the company. If Cloudpeak Systems s.r.o. is unable to return your funds due to legal, regulatory, or technical reasons, such funds may be reported and remitted in accordance with applicable unclaimed property laws.

13.4. Prohibited Uses and Activities

Any use of the Service for the purpose of facilitating, participating in, or acting in relation to any prohibited use or activity, as set forth in these Terms or in Section 17, may result in immediate suspension or termination of your account, restriction of access to the Service, and reporting of such activities to law enforcement or regulatory authorities.

13.5. No Liability for Suspension or Termination

Cloudpeak Systems s.r.o. shall not be liable to you or any third party for any loss, damage, or inconvenience arising from the suspension, discontinuance, or termination of your access to the Service, your account, or any transaction, except as expressly set forth in these Terms or as required by law.

13.6. Appeal and Reinstatement

If you believe your account has been suspended or terminated in error, you may contact [email protected] to request a review. Cloudpeak Systems s.r.o. will consider your request in good faith, but is under no obligation to reinstate your account or access to the Service.

13.7 Withdrawal of Funds

The user is required to withdraw all remaining funds or digital assets from their account before submitting a request to terminate the service. The company may require additional verification to process the withdrawal and close the account.

13.8. Technical Maintenance and Platform Availability

Cloudpeak Systems s.r.o. may perform scheduled or unscheduled technical maintenance, upgrades, or repairs to the platform. The company will make reasonable efforts to notify users in advance of any scheduled maintenance that may affect the availability of the Service. During maintenance periods, access to the Service may be temporarily limited or suspended. Cloudpeak Systems s.r.o. shall not be liable for any loss or inconvenience resulting from such maintenance, except as required by law.

13.9. Sanctions and Compliance Enforcement

Without limiting any other rights, Cloudpeak Systems s.r.o. may immediately suspend or terminate any account, transaction, or Service access if there is a reasonable suspicion of sanctions breach, AML/CTF violation, or other compliance risk. The Company may freeze or block funds, reverse transactions, and notify competent authorities without prior notice to the User.

13.10. Cooperation with Authorities

The Company fully cooperates with law enforcement, financial intelligence units, and other regulatory agencies in the Czech Republic, the European Union, and other jurisdictions in relation to AML, CTF, and sanctions enforcement. Users acknowledge and agree that the Company may share information or documentation as required by law or regulatory request.

14. Limitation of liability, disclaimer of warranties

14.1. No Warranty

The Service is provided on an “as is” and “as available” basis, without any representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or uninterrupted or error-free operation. Cloudpeak Systems s.r.o. does not warrant that the Service will meet your requirements, be secure, timely, accurate, reliable, or free from viruses or other harmful components.

14.2. Limitation of Liability

To the maximum extent permitted by applicable law, Cloudpeak Systems s.r.o., its directors, officers, employees, agents, affiliates, and licensors shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, or any other losses or damages arising out of or in connection with:

- (a) Your use of, or inability to use, the Service;

- (b) Any transaction or attempted transaction through the Service;

- (c) Any unauthorized access to or alteration of your account, data, or transmissions;

- (d) Any conduct or content of any third party on the Service;

- (e) Any errors, omissions, interruptions, delays, defects, viruses, or other harmful components;

- (f) Any Force Majeure Event or circumstances beyond the reasonable control of Cloudpeak Systems s.r.o.

14.3. Indemnification

You agree to defend, indemnify, and hold harmless Cloudpeak Systems s.r.o., its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, demands, actions, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or in connection with:

- (a) Your use of the Service;

- (b) Your violation of these Terms or any applicable law or regulation;

- (c) Your infringement of any rights of any third party, including intellectual property rights;

- (d) Any User Content or information you submit, post, or transmit through the Service.

14.4. Exclusions and Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, the liability of Cloudpeak Systems s.r.o. shall be limited to the maximum extent permitted by applicable law.

14.5. No Advice

No information or communication, whether oral or written, obtained from Cloudpeak Systems s.r.o. or through the Service, shall create any warranty or representation not expressly stated in these Terms. You acknowledge that you have not relied on any such information or communication in entering into these Terms.

14.6. Survival

The provisions of this Section 14 (Limitation of Liability, Disclaimer of Warranties) shall survive the termination or expiration of these Terms and your use of the Service.

15. Applicable law, arbitration

15.1. Governing Law

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

15.2. Jurisdiction

You agree that the courts of the Czech Republic shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation. Notwithstanding the foregoing, Cloudpeak Systems s.r.o. reserves the right to bring proceedings against you in any other court of competent jurisdiction if necessary to protect its interests or enforce its rights.

15.3. Amicable Resolution

The parties shall use all reasonable efforts to resolve any dispute, controversy, or claim arising out of or relating to these Terms amicably and in good faith. If a dispute cannot be resolved through informal negotiations within thirty (30) days, either party may initiate formal dispute resolution procedures as set forth below.

15.4. Mediation

If the parties are unable to resolve a dispute amicably, either party may request that the dispute be submitted to mediation before a neutral mediator in Prague, Czech Republic, in accordance with the rules of a recognized mediation institution. The costs of mediation shall be shared equally by the parties, unless otherwise agreed.

15.5. Arbitration

If the dispute is not resolved through mediation within sixty (60) days of the request for mediation, the dispute shall be finally settled by arbitration administered by the Arbitration Court attached to the Economic Chamber of the Czech in accordance with its rules. The seat of arbitration shall be Prague, Czech Republic. The language of the arbitration shall be English or Czech, as agreed by the parties. The arbitral award shall be final and binding on both parties.

15.6. Consumer Rights

Nothing in this Section XIII shall limit or exclude any rights you may have as a consumer under applicable consumer protection laws, including the right to seek redress through competent consumer protection authorities or courts.

15.7. Injunctive Relief

Nothing in these Terms shall prevent either party from seeking interim, injunctive, or equitable relief from any court of competent jurisdiction to prevent or restrain breaches of these Terms or to protect its rights, property, or interests.

16. Miscellaneous

16.1. Entire Agreement

These Terms, together with all policies, Sections, and documents incorporated by reference, constitute the entire agreement between you and Cloudpeak Systems s.r.o. with respect to the subject matter hereof, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

16.2. Amendments

Cloudpeak Systems s.r.o. reserves the right to amend, modify, or update these Terms at any time, in its sole discretion. Any changes will become effective upon posting on the company’s website at (https://empresex.io) or upon notification to you by email or other means. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms regularly.

16.3. Waiver

No failure or delay by Cloudpeak Systems s.r.o. in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

16.4. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall remain in full force and effect.

16.5. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of Cloudpeak Systems s.r.o. Any attempted assignment or transfer in violation of this provision shall be null and void. Cloudpeak Systems s.r.o. may assign or transfer any or all of its rights and obligations under these Terms to any affiliate, successor, or third party without your consent.

16.6. Survival

The provisions of these Terms that by their nature should survive termination or expiration, including but not limited to Sections 9 (Risk disclosure statement), 14 (Limitation of liability), 15 (Applicable law, arbitration), and 16 (Miscellaneous), shall so survive.

16.7. Notices

All notices, requests, consents, claims, demands, waivers, and other communications under these Terms must be in writing and delivered to Cloudpeak Systems s.r.o. at Na strži 1702/65, Nusle, 140 00 Praha 4, Prague, Czech Republic, or by email to [email protected], or as otherwise specified on the company’s website.

16.8. Language

These Terms are drafted in English. In the event of any discrepancy between the English version and any translation, the English version shall prevail.

16.9. Descriptive Headings

The headings and section titles in these Terms are for convenience only and do not affect the interpretation of any provision.

16.10. No Third-Party Beneficiaries

Except as expressly provided in these Terms, no person or entity other than you and Cloudpeak Systems s.r.o. shall have any right to enforce any provision of these Terms.

17. Prohibited businesses

17.1. General Prohibition

Cloudpeak Systems s.r.o. is committed to full compliance with all applicable laws and regulations, including the Czech AML Act, EU Directives, and international standards. As such, the company strictly prohibits the use of its Service for any business, activity, or transaction that is illegal, unethical, or exposes the company to undue risk. The following list is non-exhaustive and may be updated at any time at the sole discretion of Cloudpeak Systems s.r.o.

17.2. Prohibited Business Activities

The following categories of businesses, business practices, and activities are expressly prohibited from using the Service:

- Unlicensed Financial Services: Any business or individual providing financial services, including but not limited to money transmission, payment processing, currency exchange, or investment services, without the appropriate licenses or regulatory approvals in their jurisdiction.

- Illegal Goods and Services: The sale, distribution, or facilitation of illegal goods or services, including but not limited to narcotics, controlled substances, prescription drugs without a prescription, counterfeit goods, stolen property, or any product or service that is illegal under applicable law.

- Gambling and Betting: Unlicensed or illegal gambling, betting, lotteries, sweepstakes, or games of chance, including but not limited to online casinos, sports betting, and poker.

- Violence and Hate: Activities that promote, incite, or facilitate violence, hate, discrimination, or the exploitation of individuals or groups based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic.

- Extortion, Blackmail, and Ransom: Any activity involving extortion, blackmail, ransom payments, or the facilitation of such activities, including ransomware payments.

- Money Laundering and Terrorist Financing: Any activity involving the concealment, transfer, or conversion of proceeds of crime, or the financing of terrorism, as defined by applicable law and international standards.

- Sanctioned and Embargoed Entities: Transactions involving individuals, entities, or countries subject to sanctions, embargoes, or other restrictions imposed by the Czech Republic, European Union, United Nations, United States, or any other competent authority.

- Weapons and Explosives: The sale, distribution, or facilitation of weapons, firearms, ammunition, explosives, or related accessories, except as permitted by law and with appropriate licenses.

- Human Trafficking and Exploitation: Any activity involving human trafficking, child exploitation, forced labor, or the abuse or exploitation of vulnerable individuals.

- Pyramid Schemes and High-Yield Investment Programs: Participation in or facilitation of pyramid schemes, Ponzi schemes, high-yield investment programs, or other fraudulent or deceptive investment schemes.

- Unlawful Adult Content: The production, distribution, or facilitation of unlawful adult content, including but not limited to child sexual abuse material, non-consensual pornography, or content that violates applicable law.

- Unlicensed Charities and Nonprofits: The operation of or fundraising for charities, nonprofits, or other organizations without appropriate registration or regulatory approval.

- Intellectual Property Infringement: The sale, distribution, or facilitation of goods or services that infringe upon the intellectual property rights of others, including counterfeit goods, pirated software, or unauthorized use of trademarks or copyrights.

- Shell Banks and Anonymous Accounts: The use of shell banks, anonymous accounts, or other structures designed to conceal ownership, control, or the source of funds.

- Other Prohibited Activities: Any other business, activity, or transaction that Cloudpeak Systems s.r.o. determines, in its sole discretion, to be illegal, unethical, or contrary to the company’s risk appetite or compliance obligations.

17.3. Monitoring and Enforcement

Cloudpeak Systems s.r.o. reserves the right to monitor all transactions and account activity for compliance with this Section. The company may refuse, suspend, or terminate any transaction or account that is suspected of violating these prohibitions, and may report such activity to law enforcement or regulatory authorities as required by law.

17.4. Updates to Prohibited Businesses

This Section may be updated at any time to reflect changes in law, regulation, or company policy. The most current version will be available on the company’s website. It is your responsibility to review this Section regularly.

18. Prohibited users

18.1. General Prohibition

Cloudpeak Systems s.r.o. prohibits the use of its Service by any person or entity that is subject to legal, regulatory, or internal restrictions, as set forth below.

18.2. Prohibited User Categories

The following persons and entities are expressly prohibited from using the Service:

- Sanctioned Individuals and Entities: Any person or entity listed on sanctions lists maintained by the Czech Republic, European Union, United Nations, United States (OFAC), or any other competent authority.

- Politically Exposed Persons (PEPs): Any individual who is, or has been, entrusted with prominent public functions, as well as their immediate family members and close associates, as defined by applicable law and internal policy.

- Minors: Any individual under the age of eighteen (18) years.

- Corporate Clients: Any legal entity, partnership, trust, or other non-natural person. The Service is available exclusively to individual clients.

- Persons in High-Risk Jurisdictions: Any person or entity located in, resident of, or otherwise subject to the laws of a jurisdiction designated as high-risk, non-cooperative, or subject to sanctions or embargoes.

- Persons Previously Suspended or Banned: Any person or entity whose account has previously been suspended or terminated by Cloudpeak Systems s.r.o. for violation of these Terms or applicable law.

- Anonymous or Fictitious Persons: Any person using false, fictitious, or misleading identity information, or acting on behalf of another person without proper authorization.

- Other Prohibited Users: Any person or entity that Cloudpeak Systems s.r.o. determines, in its sole discretion, to pose an unacceptable risk to the company, its clients, or the integrity of the Service.

- Individuals or entities from jurisdictions subject to comprehensive sanctions by the EU, UN, UK, or US, including but not limited to Iran, North Korea, Syria, Cuba, Russia, and Belarus, as well as the Crimea, Donetsk, and Luhansk regions of Ukraine.

- Individuals attempting to bypass jurisdictional restrictions or conceal location through VPNs, proxies, or anonymization tools.

- Persons or entities listed on the EU Consolidated Financial Sanctions List, UN Consolidated Sanctions List, UK Sanctions List (OFSI), or the U.S. OFAC Specially Designated Nationals (SDN) List.

- Any other person or entity determined by Cloudpeak Systems s.r.o. to present an unacceptable sanctions, compliance, or reputational risk.

18.3. Monitoring and Enforcement

Cloudpeak Systems s.r.o. reserves the right to screen all users against relevant sanctions lists, watchlists, and internal databases, and to request additional information or documentation at any time. The company may refuse, suspend, or terminate any account or transaction that is suspected of violating this Section, and may report such activity to law enforcement or regulatory authorities as required by law.

18.4. Updates to Prohibited Users

This Section may be updated at any time to reflect changes in law, regulation, or company policy. The most current version will be available on the company’s website. It is your responsibility to review this Section regularly.

19. Commission levels

19.1. Fee Structure and Discretion

All fees for the use of the Service, including but not limited to exchange fees, transaction fees, and withdrawal fees, are set at the discretion of Cloudpeak Systems s.r.o. The company reserves the right to change, update, or establish new commission rates at any time, subject to the disclosure requirements outlined in Section 19.4.

19.2. Payment of Fees

By using the Service, you agree to pay all applicable fees, which are set at the company’s sole discretion. Fees may be deducted from your transaction amount or charged separately, as determined by Cloudpeak Systems s.r.o.

19.3. No Refunds

All fees are non-refundable except as expressly provided in these Terms or as required by law.

19.4. Fee Disclosure and User Consent

Prior to the execution of any transaction, users will be clearly presented with all applicable fees and commissions, including exchange, transaction, and withdrawal fees. By proceeding with the transaction, users acknowledge and agree to pay the disclosed fees. Fee Scheduled are available on the company’s website and may be updated from time to time. Cloudpeak Systems s.r.o. will provide reasonable advance notice of any material changes to the fee Section, unless immediate changes are required for legal or regulatory reasons.

20. Risk warnings and disclosures

20.1. General Risk Statement

The exchange of fiat currency and cryptocurrency involves significant risk, including the risk of loss of your entire investment. You should carefully consider your financial situation, risk tolerance, and investment objectives before using the Service.

20.2. Volatility and Market Risk

Cryptocurrencies are subject to extreme price volatility and may lose value rapidly. You should not exchange funds you cannot afford to lose.

20.3. Regulatory Risk

The legal and regulatory status of cryptocurrencies is uncertain and may change. You are responsible for ensuring that your use of the Service is lawful in your jurisdiction.

20.4. Security Risk

The security of your account, devices, and wallets is your responsibility. Cloudpeak Systems s.r.o. implements robust security measures but cannot guarantee the absolute security of your funds or data.

20.5. No Investment Advice

Cloudpeak Systems s.r.o. does not provide investment, financial, legal, or tax advice. You should seek independent professional advice if you have any questions or concerns.

21. Data protection and privacy

21.1. Data collection and use
Cloudpeak Systems s.r.o. collects, processes, and stores personal data in accordance with its Privacy Policy and all applicable data protection laws, including the General Data Protection Regulation (GDPR) of the European Union.
Personal data is collected only to the extent necessary to provide and improve the Service, verify user identity, prevent fraud, and ensure compliance with legal and regulatory requirements.

21.2. Data categories
The Company may collect and process the following categories of personal data:

  • Identification data (such as name, date of birth, nationality, identification document details).
  • Contact data (such as address, email, and phone number).
  • Financial and transactional data (including payment details, account information, and transaction history).
  • Technical data (such as IP address, device identifiers, browser type, and geolocation data).
  • Compliance-related information (including KYC/AML documentation and source of funds).

21.3. Legal basis for processing
Cloudpeak Systems s.r.o. processes personal data based on one or more of the following legal grounds:

  • Performance of a contract with the user.
  • Compliance with legal obligations (including AML/CTF regulations).
  • Legitimate interests pursued by the Company (such as fraud prevention and service improvement).
  • User consent, where applicable.

21.4. Data security
The Company implements appropriate technical and organizational measures to protect personal data from unauthorized access, alteration, disclosure, or destruction.
These measures include data encryption, access controls, network firewalls, and regular security assessments.
Despite these precautions, users acknowledge that no system can guarantee absolute security.

21.5. Data subject rights
In accordance with GDPR and applicable law, users have the right to:

  • Access their personal data and request a copy of it.
  • Request rectification of inaccurate or incomplete data.
  • Request erasure (“right to be forgotten”) where legally permissible.
  • Request restriction or object to the processing of their data.
  • Exercise the right to data portability.
    Such requests may be submitted to [email protected] or through any other contact channel provided on the Company’s website.
    Cloudpeak Systems s.r.o. will respond to all valid requests within the timeframe prescribed by law.

21.6. Data retention
Personal data will be retained only for as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations (including recordkeeping under AML laws), or as otherwise required by law.
When retention is no longer required, the data will be securely deleted or anonymized.

21.7. Data sharing and transfers
Personal data may be shared with third-party service providers, payment processors, regulatory authorities, or law enforcement agencies where necessary for compliance, security, or operational reasons.
All such transfers are subject to strict confidentiality and data protection agreements.
If data is transferred outside the European Economic Area (EEA), Cloudpeak Systems s.r.o. ensures appropriate safeguards are in place in accordance with GDPR.

21.8. Cookies and tracking technologies
The Company’s website may use cookies and similar technologies to enhance user experience, analyze performance, and improve functionality.
Users can manage cookie preferences through their browser settings or as described in the Privacy Policy.

21.9. Updates to data protection policy
This Section may be updated at any time to reflect changes in legal requirements, technological developments, or the Company’s internal policies.
The most current version is available on the Company’s website.
Users are responsible for reviewing this Section and the Privacy Policy regularly.