Terms of Service
Last updated: [01/08/2026]
About these terms
These general terms apply to every client of Invest Consult Europe Ltd ("XBK", "we", "us"). Together with any product-specific terms and any written agreement between you and us, they govern your use of the XBK platform, APIs and related payment, FX and digital-asset services (the "Services").
Order of precedence
If documents conflict, the order is: (i) any written agreement signed by both parties; (ii) the product-specific terms; (iii) these general terms. The latest version published on xbkfinance.com prevails over earlier versions.
1. Definitions
- Aerapass Ltd: Aerapass Ltd and its group companies, each acting in its own licensed jurisdiction to provide the regulated services on the Platform, and, where relevant, their banking and settlement counterparties.
- Platform: our online system and APIs through which you request and track Services. Client Access Methods: the credentials used to access it. Authorised User: anyone you authorise to act on your behalf.
- Instruction: any request you submit for a Service. Transaction: any payment, FX conversion, crypto settlement or transfer carried out on your Instruction, and Transaction Confirmation the confirmation we issue for it.
- Holding Balance: funds we hold for you, as nominee, pending your Instructions. Settlement: the total you owe us for a Transaction, including fees.
- Digital Assets: stablecoins and other crypto-assets (e.g. USDT, USDC, BTC, ETH) supported by the Platform.
2. Conducting business with XBK
- Services are provided through the Platform by the Aerapass Ltd group entity licensed for the relevant Service and jurisdiction. On registration you receive an account and Holding Balance accessible through your Client Access Methods.
- You authorise us to act on Instructions we reasonably believe come from you. You are responsible for their completeness and accuracy and must tell us promptly in writing of any error.
- You warrant that all KYC/KYB information you provide is true and complete, and you must notify us of any change within [30] days.
- We may refuse, delay or interpret an Instruction, or suspend your access, if it appears fraudulent, unlawful, unclear or conflicting, falls outside our risk appetite, or concerns a Service we do not offer, and we will try to contact you first where practicable. We are not liable for loss resulting from such action.
- A Transaction is binding once a transaction reference is generated. We process Instructions as soon as commercially practicable during business hours of [XBK Hub City].
- Fees are published at xbkfinance.com and may change on notice. No interest is paid on funds held for you. We may use subcontractors but remain responsible for delivering the Services.
- Anti-money laundering and sanctions: we may screen, delay, block or report any payment or Instruction, refuse to enter into transactions, and share information with authorities as the law requires. We are not liable for resulting delays or losses.
- Chargebacks: for payments made by card or similar methods, you agree to notify us in writing within [10] business days of a dispute before initiating a chargeback, and costs we incur from unjustified chargebacks may be passed on to you.
3. Cancellations and foreign-currency transactions
- Services are prepaid. We extend no credit, and you must fund your account with the full amount before we execute a Transaction.
- Once Settlement is received we deliver funds per your Instruction or credit your Holding Balance. Funds received are applied to the amount you owe for the relevant Transaction.
- Executed Transactions generally cannot be reversed unless both parties agree. You must tell us of any cancellation before execution; we may recover from your Holding Balance any loss or cost caused by a late cancellation.
- Rate-locks and forward contracts are subject to their own confirmations and may not be rolled over unless we agree in writing.
4. Platform and API licence
- We grant you a non-exclusive, non-transferable, non-sublicensable licence to use the Platform and APIs solely for your own use of the Services while this agreement is in force.
- The Platform, APIs and related materials remain our property. You must not copy, reverse engineer, resell or give third parties access to them.
- We may require additional security (guarantee, deposit or reserve) to cover your obligations, and may hold a risk-based security reserve of up to [10]% of transaction volume for at least [6] months, subject to periodic review and refund.
- We may end your licence on [60] days' written notice, or immediately where required by a regulator or in cases of misuse, fraud or misrepresentation.
5. Platform security
- You are solely responsible for your Client Access Methods and for all Instructions given using them.
- Notify us immediately of any suspected compromise. We may lock access after unauthorised attempts.
- Only persons recorded on the Platform may instruct us on your behalf; we may rely on your most recent list until you notify us of a change.
- Report any discrepancy in a Transaction Confirmation within [1] business day; otherwise it is conclusive evidence of the Instruction.
6. Holding balances
- Funds are held by us as nominee for you and may be pooled with other clients' funds in segregated client accounts, with records allowing your share to be identified.
- You authorise us to deduct fees and any amount you owe under this agreement from your Holding Balance. If a balance is insufficient you remain liable for the shortfall.
- We may suspend or terminate Services and pursue recovery if sums remain unpaid.
7. Digital assets
- Digital-asset values are volatile and you bear the market risk of holding or converting them. Network fees, delays and forks are outside our control.
- Digital-asset services are available only where permitted by law and our licences, and are subject to extra checks including source-of-funds and wallet screening. Investment services are not advice and carry risk of loss.
- [Custody arrangements, supported assets and applicable licences to be completed.]
8. Intellectual property, data privacy and confidentiality
- All XBK content, trademarks, software and deliverables remain our property. You may use reports we provide only for your internal business purposes.
- We process personal data as described in our Privacy Policy. You must ensure that people whose data you provide have been informed of this processing.
- We may disclose information to Aerapass Ltd group entities, banks and counterparties involved in your Transactions, service providers, and regulators or authorities as required by law.
- Tax information may be shared with competent authorities where legally required.
9. Indemnity and liability
- To the extent permitted by law you indemnify XBK against losses arising from your breach, fraud, unlawful use or Instructions, except where caused by our gross negligence or wilful misconduct.
- The Services are provided "as is" to the extent permitted by law, and we do not guarantee uninterrupted availability or error-free operation.
- Except where law forbids, our total liability for any Transaction is limited to its value plus fees we collected on it, and in any case to [USD 25,000]. We are not liable for indirect or consequential loss.
10. Taxes
- You pay any VAT/GST applicable to our fees and are solely responsible for taxes on your own payments and activity.
11. Legal compliance and warranties
- You will use the Services only for lawful business purposes, not for gambling, adult content or other prohibited activities, and not for investment or speculation outside the Services offered.
- If you are an individual you are at least 18; if an entity you act as principal, own the funds used and have authority to enter this agreement.
- You confirm you are not aware that any funds derive from criminal activity, including tax crimes, and you will promptly provide any information we need for compliance or in response to an authority.
- We may terminate or reject Instructions for regulatory non-compliance, suspected illegal use or security compromise, and may report suspected misconduct to authorities without notice.
- You are not relying on us for legal, tax or investment advice.
12. Third parties
- We rely on banks, payment processors, hosting and blockchain infrastructure providers. We will help resolve issues but are not liable for their acts, delays, failures or insolvency.
- You should review third-party terms that apply to your Services, and you agree to indemnify us for costs we incur from third-party-caused chargebacks or losses attributable to you.
13. Disputes and governing law
- Raise any complaint with us first so we can resolve it in good faith under our complaints procedure.
- Unresolved disputes are referred to arbitration at [Arbitration Institution], seat [City], one arbitrator, in English. The award is final and binding.
- This agreement is governed by the laws of [Governing Law], and the courts of [Jurisdiction] have non-exclusive jurisdiction.
14. General
- We may amend these terms; changes take effect when notified or posted on our website. Failure to enforce a right is not a waiver, and an invalid clause does not affect the rest.
- You may not assign this agreement without our written consent; we may assign to a successor.
- Neither party is liable for delays caused by events beyond its reasonable control (force majeure).
- This is the entire agreement on its subject. Nothing creates a partnership, agency or employment relationship, and neither party may use the other's name in publicity without consent.
- Translations are for convenience; the English version prevails. Either party may terminate as provided herein; clauses on data, liability, taxes, compliance and governing law survive termination.
Contact
Invest Consult Europe Ltd, 21 Stonelea Court, Meanwood, Leeds, England, LS7 2UH (Company No. 09371842) — [legal@xbkfinance.com]