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Swapter Terms of Use

Last update: November 17th, 2022

These Terms of Use are concluded between you (hereinafter referred to as “You”, “the User” or “Your”) and Swapter (hereinafter referred to as “Swapter”, “the Website”, “We”). Gaining the access, loading, using or clicking “I accept” in order to accept any Swapter services, which are provided by Swapter, You agree to what you have read, understood and accept all these conditions and Terms of Use stated in these Terms of Use (hereinafter referred to as “these Terms of Use”) as well as our Privacy Policy onhttps://swapter.io/privacy-policy. If you do not accept these Terms of Use or any of their parts, you must stop using Swapter services immediately.

1. General Terms

1.1 These Terms of Use are effective for the User from the moment of using the Website and are valid indefinitely.

1.2 For these Terms of Use the following terminology applies:

  • “Swapter”, “Website’, “the Services”, “We”, “Us” refer to https://swapter.io and all the related products of the company (the mobile application) as well as the company owning and managing this Website.
  • “User”, “You”, “Your” refer to you, a natural or legal person, who has gained access to the Website and uses its Services through the Website and accepts these Terms of Use.
  • “Party” refers to either the User or Swapter. The Parties in accordance to these Terms of Use are You and Swapter.
  • “Crypto assets” mean a type of assets which may be transmitted only and exclusively by using the blockchain technology including, among other things, digital coins and digital tokens as well as any other digital medium of exchange.
  • “Cryptocurrency” refers to the records of the registry data of the software based on the blockchain.
  • “Exchange” refers to the Exchange of the Crypto asset for another or the same Crypto asset located in another blockchain.

1.3 In these Terms of Use, unless otherwise stated, the words denoting singular also mean plural and vice versa, and the words denoting a gender mean all the genders.

1.4 The User agrees to the fact that these Terms of Use may be updated by Swapter at any time. If the User has not read or accepted these Terms of Use, the User must not use or continue using the Services.

2. Personal Information

2.1 By accepting these Terms of Use you expressly authorize Swapter to process your personal information, export your personal information outside the jurisdiction in which You reside or stay.

2.2 We may transfer some data of the User (including IP addresses) to our business partners or the government bodies upon request to facilitate preventing and solving some forbidden or illegal activity.

3. Suspension of Access to the Services and the Website

3.1 Swapter reserves the right to terminate Your access to the Website for any reason including, among other things, violation of these Terms of Use, at its sole and absolute discretion, immediately, without prior notice and without any liability.

3.2 Swapter reserves the right to suspend or block Your access to the Website for any reason including, among other things, violation of these Terms of Use, at its sole and absolute discretion, immediately, without prior notice and without any liability.

3.3 Swapter will not justify its actions.

4. AML/KYC Policy

4.1 By accepting these Terms of Use You agree to undergo AML/KYC procedure, which may be applied to You or may be requested by Swapter at any time.

4.2 Within the AML/KYC procedure Swapter reserves the right to request any state document valid in Your country for the identification and additional information concerning the origin of the funds including the supporting documents.

4.3 In certain cases (for instance, to confirm Your identity within undergoing AML/KYC procedure) We reserve the right to freeze Your transaction of Exchange for any period of time necessary to complete the investigation and AML/KYC procedure.

4.4. For the period of conducting the investigation and AML/KYC procedure Swapter reserves the right to transfer the frozen funds to the cold storage to ensure their safety.

4.5 If you refuse to undergo AML/KYC procedure or do not provide Swapter with the documents and information requested, Swapter has the right to decline executing your transactions (current and future ones).

4.6 You warrant to provide reliable, accurate, current and complete information and take full responsibility for its accuracy, completeness and reliability.

4.7 The term for KYC check is 3 days. You may refuse to undergo the procedure and in this case You ill be provided with the refund, except for certain cases (if the transaction is suspected of the connection with some illegal activity).

5. Refund Policy

5.1 We cannot be held responsible for any risks connected with using the Website including, among other things, currency and market risks. All sales and transactions after Swapter Exchange are final, and the amount is non-refundable.

5.2 Any Swapter decisions regarding the refund or the Exchange are final.

5.3 The refund may take up to 14 business days except in cases described in paragraph 5.10.

5.4 If there are some dramatic changes in the Cryptocurrency market, Swapter reserves the right to suspend the Exchange at a fixed rate. In this case Swapter performs exchange operations at a market rate or refunds the Cryptocurrency to the User on the choice of the latter. The Parties agree that “dramatic changes in the Cryptocurrency market” refer to the changes in the cryptocurrency rate of 5% or higher in either direction.

5.5 Swapter is not liable for the funds transferred to fake phishing websites. It is important that all the Users verify independently that they use the correct URL address (swapter.io) and search for the security certificate in the URL string of their browser. Never trust private messages or withdrawal requests from the persons who impersonate Swapter employees unless you confirm that it is an official request from a Swapter employee.

5.6 In limited circumstances Swapter may hold the funds of a User. The period during which the funds of a User are held on Swapter is limited to 1 calendar year. After that Swapter cannot warrant the security of unclaimed funds. On the request from the User Swapter will exert all possible efforts in order to refund unclaimed funds after the end of the period. However, Swapter is not liable for the result.

5.7 Fake tokens or fraudulent tokens refer to the tokens with no value. Regardless of the fact that they mimic the existing project and have the same name or logo, these tokens do not have a project contract address. Swapter verifies the contract of the token transferred and if it does not correspond to the official token contract, the deposit will not be recognized by the system. In case of receiving fake tokens or fraudulent tokens to your deposit address, Swapter will not exchange or refund such tokens.

5.8 According to the reports of the financial theft victims, in some cases Swapter may stop the theft of the funds from the User. Note that a transaction may be stopped after the Exchange has been made depending on the time of the request received. In such cases We can refund the funds in the asset to which the Exchange was to be made. In order to refund such funds Swapter will need a law enforcement request which clearly states that these funds must be refunded. Once a hard copy is received, We can issue a refund to the initial address within 14 business days.

5.9 If a User has made a deposit of less than the indicated on the Website minimum amount, Swapter does not refund the funds.

5.10 In cases when the User has made a deposit not through the network which was selected on the Website for making a deposit or has not stated MEMO/tag while sending funds, if the address for making a deposit so requires, Swapter will try but does not guarantee to help the User refund the funds. The refund terms are not established in these cases.

6. Prohibited Jurisdictions

6.1 By gaining the access to the Services and the Website and by using them You represent and warrant that You do not stay in or are not a citizen or a resident of the United States of America or the country to which the United Nations sanctions list and its equivalents are applied, or the country in which the Cryptocurrency use is prohibited by applicable law.

6.2 Swapter reserves the right to determine its markets and jurisdiction to operate and may limit or refuse its Services in certain countries.

6.3 Swapter also reserves the right to use various methods to prevent using the Website or its Services by the Users listed above. You must comply with this section even if Swapter methods on preventing using its Services or the Website are inefficient or can be circumvented.

6.4 Swapter may withdraw any funds from the Users within these jurisdictions and donate them to the charity in the sole discretion of Swapter.

6.5 Using the Website is invalid where it is prohibited by applicable law.

6.6 Swapter is end to acquire Your IP address. If the IP address refers to the prohibited jurisdiction (Section 6 of these Terms of Use), Swapter may deny You access to the Website and the provision of Services.

7. Exclusion of Liability

7.1 Nothing in these Terms of Use excludes or limits Swapter guarantees or liabilities for damages which cannot be excluded or limited by applicable law.

7.2 You understand expressly and agree to the fact that You use the Website and the Services at your own risk and that the Website is provided “as it is” and “as available” without any express or implied warranties.

7.3 To the maximum extent permitted by applicable law Swapter does not provide express warranties and disclaims all implied warranties regarding the Website, the services or any applications and external sites including the implied warranties of merchantability, suitability for a specific purpose and reliability.

7.4 Without limiting the generality of the foregoing, Swapter does not claim or warrant to you that:

  • Your using the Website and the Services will meet Your expectations;
  • Your using the Website and the Services will be uninterrupted, timely and secure or with no errors;
  • data provided through the Website will be accurate;
  • the Website or any content available on the Website or through the Website contains no viruses or other harmful constituents.

8. Permissible Use

8.1 Using the Website can carry financial risks and must be used solely as an experimental utility.

8.2 By gaining the access to the Website or by using it You agree to the fact that You will not violate any laws, contracts, intellectual property rights or other rights of third parties or commit offenses, and that You are solely responsible for your conduct while using the Website or our Services.

8.3 Not limiting the generality of the foregoing, you agree not to:

  • harm in any way, disable, overload or degrade the performance of the Website;
  • use the Website and our Services in order to pay for, maintain or be differently involved in any illegal actions (such as illegal gambling, fraud, money laundering or terrorist activity);
  • use any robot, spider, search robot, scraper or other automatic means or interface not provided by Swapter in oder to gain the access to the Website or retrieve data;
  • You must not distribute viruses, worms, defects, Trojan horses, corrupted files, mystification or any other items of a destructive or misleading nature.

9. Exchange Rates, Fees

9.1 The percentage of Swapter (the fee to Swapter for using its Services and Website) is included in the rate displayed on the Website. You do not have to pay additional fees directly to Swapter unless otherwise provided by these Terms of Use.

10. Designation

10.1 Swapter may transfer the rights and obligations in accordance with these Terms of Use to third parties without additional consent from the User.

10.2 The User is end to transfer the rights and obligations in accordance with these Terms of Use to any third party solely with the prior written consent from Swapter.

11. Withdrawal and Validity

11.1 If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any respect in accordance with the legislation of the relevant jurisdiction, this provision is regarded as separate from these Terms of Use and must be replaced by a provision which has the force as close as possible to the provision replaced, in doing so the other provisions remain in full force.

12. Copyright Protection

12.1 Using the Website does not en You to any intellectual property rights to the Website, any software or content to which you gain the access.

12.2 Using the search queries which contain the direct domain name or the brand name such as (but not limited to) Swapter, swapter.io etc., is prohibited in SEA paid advertising, which is used to attract partners. Failure to comply with this rule may result in expulsion from the affiliate program (including but not limited to locking down the API keys and a ban on the profit withdrawal).

13. Website Changes

13.1 Swapter in end to add or remove features or the features on the Website as well as add or create new constraints on using the Website or its Services at any time.

14. Links to Third-Party Sites

14.1 The Website may contain links or provide access to third-party sites or their content displayed on these sites, which is a result of the intellectual activity of third parties and is protected in accordance with the current legislation. Swapter does not check these sites and the content displayed on them for the accordance with the current legislation. Swapter is not liable for any information or content displayed on these sites, to which a User gains access through the Website, including any opinions or statements made on these third-party sites.

14.2 The User confirms that due to the fact that the User will follow the link on the Website to a third-party site, the contractual relationship between Swapter and the User is rescinded, and Swapter is not liable for the accuracy of information displayed on third-party sites, using services and content of third parties by the User, legitimacy of this using as well as the quality of services and content displayed on third-party sites.

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