User Terms of Use (Swapped Connect)

Effective date 2025

These Terms of Use create a legally binding agreement between you (the “End User”) and Swappedcom Inc. (hereinafter referred to as “Swapped,” “we,” “us,” or “our”), a company incorporated in Delaware, under EIN Number: 38-4342884, with a registered address at 100 Summer Street, Suite 1600, Boston, Massachusetts, 02110, governing the End User’s use of Swapped Connect, including its widget, API, and any other support services tied to the End User’s use of Swapped Connect.

Swapped offers Swapped Connect, which the End User can use to facilitate cryptocurrency transactions to Merchants who have integrated Swapped Connect on their Website(s) or platform(s).

In these Terms of Use, “Swapped” refers to Swappedcom Inc., as well as its owners, directors, officers, employees, agents, affiliates, and any third-party service providers it relies on, unless otherwise indicated herein.

By checking the acceptance box during onboarding or using Swapped Connect, you agree to be bound by these Terms, our Privacy Policy, and any other policies or notices we publish from time to time. Unless specifically indicated otherwise, any change will take effect immediately when the revised Agreement is posted. Your use of the Services after the effective date of a change to this Agreement means you have read and accepted these changes.

Acceptance of Terms (Click-Wrap)

By requesting, activating, or using Swapped Connect, the End User acknowledges that it has read, understood, and agrees to be bound by these Terms. If the End User does not agree to these Terms, it must not use Swapped Connect. The End User’s click-through acceptance during use constitutes a legally binding agreement between the End User and Swapped.

If you do not agree to these Terms of Use, do not proceed with using Swapped Connect.

1. Definitions

In these Terms of Use, capitalized terms shall have the following meaning:

1.1. AML/CTF Laws: Refers to applicable United States laws and regulations related to anti-money laundering and counter-terrorist financing, including but not limited to the Bank Secrecy Act, the USA PATRIOT Act, and regulations enforced by the Financial Crimes Enforcement Network (FinCEN), to which Swapped Connect, offered by Swappedcom Inc. (a U.S. entity), is subject. Merchants are solely responsible for compliance with all applicable AML/CTF laws in their jurisdictions, including verifying End Users, monitoring transactions, and reporting suspicious activities.

1.2. Confidential Information: Any non-public business, financial, personal, intellectual property, or operational data, whether oral or recorded, including documents marked “Confidential” or “Secret,” and any information explicitly designated or reasonably understood as confidential under this Agreement.

1.3. Fiat Currency: Government-issued currency designated as legal tender in the United States or another recognized country.

1.4. Funds: Collectively, Fiat Currency and Virtual Currency.

1.5. Digital Asset/Virtual Currency: A value represented in digital form, transferable via blockchain, not issued by a government, and accepted by parties as a form of exchange (e.g., Bitcoin, USDT).

1.6. Privacy Laws: All applicable laws and regulations relating to privacy, confidentiality, collection, storage, security, data protection, use, or disclosure of Personal Data, including but not limited to the General Data Protection Regulation (GDPR) and applicable U.S. privacy laws.

1.7. Personal Data: Any information identifying a natural person, directly or indirectly, including but not limited to name, ID number, location data, online identifiers, or attributes related to their identity (physical, genetic, mental, economic, cultural, or social).

1.8. Product: Swapped Connect, the middleware API and widget offered solely by Swappedcom Inc. (a U.S. entity) that facilitates cryptocurrency deposits directly from End Users’ wallets or exchange accounts to the Merchant’s wallets/platforms, without Swapped taking custody of cryptocurrency at any time.

1.9. Provider Website: https://swapped.com/.

1.10. Services: The Swapped Connect middleware services provided to the End User under these Terms, including its widget, API, and related support services tied to the End User’s use.

1.11. Site: The official Swapped.com website and related subdomains used to provide Swapped Connect.

1.12. Transaction: The transfer of Virtual Currency from the End User’s wallet or exchange account to the Merchant’s wallet using Swapped Connect.

1.13. Wallet: A blockchain address controlled by the End User for sending Virtual Currency deposits to Merchants via Swapped Connect.

1.14. Widget: The stand-alone Swapped Connect widget provided by Swapped to enable End Users to initiate cryptocurrency deposits directly to the Merchant’s wallet.

1.15. Third Party: Any entity or individual other than Swapped, the End User, or the Merchant, unless stated otherwise.

1.16. Where the context requires, words denoting the singular shall include the plural and vice versa.

2. Entity and Service Scope

2.1. The Product and related Services provided under these Terms are offered exclusively by Swappedcom Inc., a corporation organized under the laws of Delaware, United States.

2.2. Swappedcom Inc.’s legal and contact details are:

EIN Number: 38-4342884

100 Summer Street, Suite 1600

Boston, Massachusetts, 02110, United States

2.3. Swappedcom Inc. provides the Swapped Connect Product to End Users, allowing End Users to send cryptocurrency deposits to Merchants who have integrated Swapped Connect on their Websites, wallets, or platforms.

2.4. Swapped Connect allows End Users to connect their cryptocurrency exchanges or wallets and authorize transactions directly to Merchants who have integrated Swapped Connect, making it easier to deposit Virtual Currency to Merchants.

2.5. Cryptocurrency is sent directly from the End User’s cryptocurrency exchange account or wallet to the Merchant’s designated wallet or platform. Swapped never takes custody of or controls the cryptocurrency at any point and acts solely as middleware to facilitate these transactions.

2.6. Transaction Finality: Due to the nature of Virtual Currency and blockchain networks, once a transaction is initiated and broadcast to the network, it cannot be reversed, re-entered, or redirected to a different wallet address. The End User acknowledges and agrees that it is solely responsible for ensuring the accuracy of wallet addresses provided by the Merchant when using Swapped Connect. Swapped has no responsibility or liability for transactions sent to incorrect or inaccessible wallet addresses provided by the Merchant.

2.7. Payment Window and Exact Payment Requirement

When using Swapped Connect, you agree to send the exact amount of cryptocurrency specified within the payment window provided to you. Failure to send the correct amount or to complete the payment within the specified window may result in delayed processing, rejection of the payment, or the need for additional steps to resolve the payment, for which Swapped is not responsible.

2.8. You acknowledge and agree that you are solely responsible for any network fees, including blockchain miner fees, gas fees, or third-party exchange withdrawal fees, incurred when using Swapped Connect. These fees are determined by the blockchain or third-party service you use and are not controlled or collected by Swapped.

3. Compliance

3.1. The Merchant is solely responsible for complying with all applicable KYC (Know Your Customer), AML (Anti-Money Laundering), CTF (Counter-Terrorist Financing), sanctions, and anti-fraud obligations under applicable laws in its jurisdiction, including verifying the identity of End Users, monitoring transactions, and reporting suspicious activities.

3.2. Swapped does not assume responsibility for the Merchant’s compliance with these obligations and does not perform KYC, AML, or CTF checks on End Users in connection with Swapped Connect.

4. Eligibility

4.1. To use Swapped Connect, the End User must:

4.1.1. Be at least 18 years old or the legal age of majority in its jurisdiction of residence;

4.1.2. Have the legal capacity to enter into and be bound by these Terms;

4.1.3. Not be subject to U.S. sanctions or prohibited from receiving services from U.S. entities under applicable U.S. law.

4.2. Wallet Connection Requirement 

4.1 Swapped Connect does not require or allow you to create an account. Instead, you may only connect your wallet or exchange and authorize transactions through Swapped Connect. You must not use false, misleading, or fraudulent information when connecting your wallet or authorizing transactions. You agree not to share your wallet connection with any other person or connect wallets on behalf of others. Swapped reserves the right to request that the Merchant suspend or terminate your access to Swapped Connect if it determines that you have provided false or misleading information, or are using Swapped Connect in violation of these Terms.

4.3. By using Swapped Connect, the End User represents and warrants that it meets the above conditions. Swapped may, in its sole discretion, suspend or terminate the End User’s access to Swapped Connect if it suspects non-compliance with these eligibility requirements.

4.4 Security Obligations of End-User: You are responsible for maintaining the security of your connected wallet(s), devices, and any authentication methods (including two-factor authentication, if applicable) used in connection with Swapped Connect. You agree to notify Swapped immediately at support@swapped.com if you suspect any unauthorized access to or use of your connected wallet(s) or unauthorized transactions facilitated through Swapped Connect. Swapped is not liable for any losses arising from your failure to secure your wallet(s), exchange account(s), devices, or authentication methods used to authorize transactions.

4.5 Use of Decentralized Swapping Protocols: Swapped Connect may utilize third-party decentralized cryptocurrency swapping protocols to facilitate the conversion of unsupported cryptocurrencies into cryptocurrencies accepted by the Merchant. You acknowledge and agree that Swapped does not own, control, or operate these decentralized swapping protocols and is not responsible for any issues, failures, or delays in the completion of swaps, or for any smart contract risks, vulnerabilities, or losses that may arise when using such protocols. You assume all risks associated with the use of decentralized swapping protocols, and Swapped shall not be liable for any losses or damages resulting from the use of or inability to use these protocols.

5. Client Verification

5.1. The Merchant is solely responsible for verifying End Users in accordance with all applicable laws, including performing age and identity verification where required.

5.2. Swapped is not liable for the Merchant’s failure to verify End Users or comply with applicable KYC, AML, CTF, or sanctions obligations related to End Users using Swapped Connect.

5.3. Data Provision Upon Request
Upon Swapped’s request, the Merchant may provide Swapped with relevant End User data, including transaction details and identification information, as necessary to assist with compliance, risk management, or regulatory requests, in accordance with applicable laws and Swapped’s Privacy Policy.

6. Risk Disclosures

6.1. You acknowledge that transactions involving digital assets are inherently volatile and irreversible.

6.2. Swapped does not provide investment, legal, or tax advice, and you are solely responsible for assessing the risks of any transaction made using Swapped Connect.

6.3. Swapped is not responsible for fluctuations in digital asset values, network congestion, delays inherent in blockchain networks, or the irreversible nature of digital asset transactions.

6.4 You are solely responsible for determining and fulfilling any tax obligations that may apply to your use of Swapped Connect and related transactions, and Swapped does not provide tax advice.

6.5 No Financial or Investment Advice: Swapped does not provide investment, financial, tax, legal, or other professional advice. Nothing provided through Swapped Connect should be construed as investment or financial advice, and no fiduciary or brokerage relationship is created between you and Swapped. You are solely responsible for evaluating your transactions and should consult your own professional advisors as necessary.

7. Privacy

7.1. Swapped will comply with all applicable Privacy Laws in connection with the collection, use, disclosure, storage, and processing of Personal Data under these Terms.

7.2. Swapped will collect, use, and disclose Personal Data only as necessary to provide the Services and as required by applicable law.

7.3. Swapped will implement and maintain appropriate technical and organizational measures to protect Personal Data against unauthorized or unlawful processing, accidental loss, destruction, or damage, and will ensure that personnel authorized to process Personal Data are bound by confidentiality obligations.

7.4. Swapped’s collection, use, and handling of Personal Data in connection with Swapped Connect are further governed by Swapped’s Privacy Policy, available at https://swapped.com/privacy-policy, which is incorporated into these Terms by reference. By using Swapped Connect, the End User acknowledges and agrees to the terms of Swapped’s Privacy Policy.

7.5. Swapped will retain Personal Data collected from End Users in connection with Swapped Connect for as long as necessary to fulfill the purposes for which it was collected or as required by applicable law.

8. Data Breach and Loss of Data

8.1. Swapped will promptly notify affected End Users upon becoming aware of any unauthorized access to or disclosure of Personal Data, or any loss, destruction, or corruption of Personal Data (“Data Incident”), in accordance with applicable laws.

8.2. Actions Following a Data Incident
In the event of a Data Incident, Swapped will:

(a) Promptly investigate and disclose relevant details of the Data Incident to affected End Users, where required;
(b) Notify regulators and other parties as required by law; and
(c) Take reasonable steps to mitigate the effects of the Data Incident.

8.3. Swapped will take reasonable steps to restore any Personal Data that is lost, destroyed, or corrupted as a result of a Data Incident for which Swapped is responsible.

9. Regulatory Compliance and Prohibited Activities

9.1. Swapped Connect, operated by Swappedcom Inc. (a U.S. entity), is subject to applicable U.S. sanctions laws and regulations, including those administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). Swapped may restrict or terminate your access to Swapped Connect if required to comply with applicable sanctions or legal obligations.

9.2. Export Control and Sanctions Compliance
You represent and warrant that you are not located in, under the control of, or a resident of any country or territory subject to U.S. sanctions or embargoes, including but not limited to Iran, North Korea, Syria, Cuba, and the Crimea region. You agree not to use Swapped Connect to engage in any activity that violates applicable export control or sanctions laws.

9.3. Prohibited Uses

You agree not to use Swapped Connect for any illegal activities, including but not limited to:

9.3.1. Transactions involving narcotics, controlled substances, or drug paraphernalia;
9.3.2. Transactions involving weapons, ammunition, or explosives;
9.3.3. Transactions involving child exploitation, sexual content involving minors, or bestiality;
9.3.4. Fraud, money laundering, terrorist financing, or other financial crimes;
9.3.5. Transactions involving stolen goods or intellectual property infringement;
9.3.6. Supporting pyramid or Ponzi schemes or other fraudulent schemes;
9.3.7. Prostitution or illegal sexual services.

9.4. Restricted Activities
You agree not to use Swapped Connect for high-risk activities, including illegal gambling, unlicensed financial services.

9.5. Prohibited Conduct
You agree not to:

(a) Violate or assist in the violation of any applicable law, regulation, or sanctions program;
(b) Interfere with, disrupt, or overload Swapped’s systems, or introduce malware, viruses, or harmful code;
(c) Attempt unauthorized access to Swapped Connect or related systems, or attempt to circumvent restrictions;
(d) Use or attempt to use Swapped Connect for unauthorized, abusive, or fraudulent activities;
(e) Use automated means, including bots or scrapers, to interact with Swapped Connect without written permission from Swapped;
(f) Encourage or induce any other person to engage in prohibited activities under these Terms.

9.6. Swapped reserves the right to request that the Merchant suspend or terminate your ability to use Swapped Connect if it determines, in its sole discretion, that your activity violates these Terms, applicable laws, or Swapped’s compliance obligations. Where necessary, Swapped may also suspend or restrict access to the service more broadly.

10. Service Availability and Maintenance

10.1. Swapped will use commercially reasonable efforts to maintain the availability of Swapped Connect and to ensure its secure and efficient operation.

10.2. Swapped may temporarily suspend or limit your access to Swapped Connect, in whole or in part, for purposes including but not limited to:

(a) Implementation of critical software or system updates;
(b) Application of critical security updates;
(c) Maintenance work on servers, wallets, or related infrastructure;

  (d) Resolution of system crashes or operational incidents;
(e) Downtime of third-party services on which Swapped Connect relies.

10.3. You acknowledge that Swapped Connect may be unavailable from time to time due to maintenance, updates, network issues, or other factors, and Swapped shall not be liable for any interruptions, delays, or unavailability of the Services, except to the extent caused by Swapped’s gross negligence or willful misconduct.

11. Confidentiality

11.1. Swapped will treat Personal Data and other non-public information collected from you in connection with your use of Swapped Connect as confidential and will use it solely to provide the Services and comply with applicable laws.

11.2. Swapped may disclose your Personal Data or other confidential information if required by law, regulation, court order, or a valid request from a regulatory authority, in accordance with applicable laws and Swapped’s Privacy Policy.

12. Termination

12.1. These Terms take effect when you first access or use Swapped Connect and will remain in effect until terminated in accordance with this section.

12.2. You may stop using Swapped Connect at any time. These Terms will cease to apply once you stop using Swapped Connect.

12.3. Swapped may suspend or terminate your access to Swapped Connect at any time for any reason, including for operational, legal, or regulatory reasons, or for convenience.

12.4. Termination for Cause
Swapped may request that the Merchant suspend, restrict, or discontinue your access to Swapped Connect if:

12.4.1. You breach any material provision of these Terms;
12.4.2. You engage in prohibited activities under these Terms; or
12.4.3. Swapped determines that continuing to provide you with access would expose it to legal, regulatory, or reputational risk.

12.5. Upon termination:
12.5.1. You must immediately cease using Swapped Connect;
12.5.2. All rights granted to you under these Terms will terminate;
12.5.3. Swapped reserves the right (but has no obligation) to retain your Personal Data and any related information collected in connection with your use of Swapped Connect for a minimum period of five (5) years following collection, or for as long as necessary to fulfill the purposes for which it was collected or as otherwise required under applicable law, including for compliance with anti-money laundering (AML), counter-terrorist financing (CTF), sanctions, tax reporting, and other legal obligations. Swapped may subsequently delete such information in accordance with its data retention policies and applicable law.

12.5.4. You waive any claims against Swapped for damages or losses resulting from the suspension or termination of your access to Swapped Connect in accordance with these Terms, except to the extent such suspension or termination is the result of Swapped’s gross negligence or willful misconduct.

13. Disclaimer of Warranties

Swapped Connect is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Swapped expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, system integration, data accuracy, and quiet enjoyment. Swapped does not guarantee that Swapped Connect will meet your requirements or that it will be uninterrupted, secure, timely, or error-free. Swapped does not warrant that any defects will be corrected. Swapped is not liable for any third-party products, services, or your interactions with third-party providers used in connection with Swapped Connect.

14. No Custody Disclaimer

Swapped Connect is a middleware service only and does not store, hold, or safeguard fiat currency or digital assets on behalf of End Users at any time. Swapped is not a bank or financial institution and does not take custody of funds. Cryptocurrency is sent directly from your wallet or exchange account to the Merchant’s designated wallet. You are solely responsible for ensuring that the wallet addresses you use for sending cryptocurrency are correct, accessible, and compatible with the assets being sent. Swapped assumes no responsibility for any loss of funds resulting from incorrect wallet addresses, lost access to wallets or private keys, or wallets that are incompatible with the asset or blockchain used.

15. E-SIGN Disclosure and Consent

You agree that Swapped may provide all legally required disclosures, notices, agreements, transaction receipts, compliance notices, and other information related to your use of Swapped Connect electronically, including via email or postings on our website. All such communications will be considered “in writing.” You agree to maintain a valid email address and internet access and to promptly update Swapped if your contact information changes. Your consent to electronic communications is provided in connection with transactions in interstate commerce and is governed by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). Swapped may modify or discontinue electronic communications and will provide notice as required by law.

16. Intellectual Property Rights

16.1. Ownership of Content
All content provided through or used to operate Swapped Connect, including but not limited to the underlying software, source code, object code, algorithms, APIs, SDKs, protocols, user interfaces, documentation, databases, graphics, logos, designs, text, videos, audio, features, functionalities, and trademarks, is and will remain the exclusive property of Swapped or its licensors. Such content is protected by copyright, trademark, trade secret, and other intellectual property laws of the United States and international treaties.

16.2. Limited License to Users
Subject to your compliance with these Terms, Swapped grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use Swapped Connect solely for your personal, lawful use to send cryptocurrency to Merchants through the Services. All rights not expressly granted to you in these Terms are reserved by Swapped and its licensors.

16.3. Restrictions on Use
You agree not to, and will not permit any third party to:

16.3.1 Copy, modify, create derivative works of, distribute, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any part of Swapped Connect or its content without Swapped’s prior written consent, except as expressly permitted by these Terms or applicable law;

16.3.2 Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms related to Swapped Connect;

16.3.3 Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in Swapped Connect;

16.3.4 Use Swapped Connect in any way that infringes or misappropriates Swapped’s intellectual property rights or those of any third party.

16.4. Trademarks
The trademarks, logos, service marks, trade names, and trade dress displayed in Swapped Connect, including “Swapped,” and any related logos or stylizations (“Swapped Marks”), are the proprietary property of Swapped or its licensors and are protected under applicable trademark laws and international treaties. You may not use the Swapped Marks in any manner without Swapped’s prior written permission, including in any advertising, marketing, or promotion, or in a way that suggests endorsement by Swapped.

16.5. Feedback and Suggestions
If you provide Swapped with any feedback, suggestions, ideas, or other information regarding Swapped Connect (“Feedback”), you grant Swapped a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback for any purpose without restriction or compensation to you.

16.6. Third-Party Materials: Swapped Connect may contain or incorporate software, data, or materials provided by third parties (“Third-Party Materials”), which may be subject to separate license terms. Your use of Third-Party Materials within Swapped Connect is subject to and governed by the applicable third-party license terms, and Swapped disclaims any ownership over such materials.

16.7. Enforcement and Reservation of Rights
Swapped reserves the right to investigate and take appropriate action, including removing or disabling access to infringing materials, suspending or terminating user access, or pursuing legal action if it determines, in its sole discretion, that there has been a violation of these intellectual property provisions. All rights not expressly granted in these Terms are reserved by Swapped and its licensors, including the right to protect and enforce its intellectual property rights to the fullest extent permitted by law.

17. Complaints and Dispute Resolution

17.1. If you have a complaint related to your use of Swapped Connect, including technical issues with the widget or concerns about your Personal Data handled by Swapped, you may submit a complaint by:
(a) Emailing [complaints@swapped.com]; or
(b) Using the contact form available on our website.

Please note: Swapped does not handle complaints or disputes regarding your transactions with Merchants, including the delivery of goods or services, refunds, or transaction disputes. These should be directed to the Merchant with whom you transacted.

17.2. Swapped will aim to respond to all complaints within thirty (30) business days and will work in good faith with you to address issues related to Swapped Connect.

17.3. If a complaint is not resolved to your satisfaction, you agree to resolve disputes related to Swapped Connect in accordance with the Dispute Resolution procedures outlined in Section 19 of these Terms.

18. Limitation of Liability

18.1. To the fullest extent permitted by law, Swapped, its officers, directors, employees, agents, partners, and service providers shall not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenues, lost data, business interruption, reputational harm, or other intangible losses arising out of or relating to your use, inability to use, or the unavailability of Swapped Connect, regardless of whether Swapped was advised of the possibility of such damages.

18.2. Swapped shall not be liable for any damages, losses, or claims arising from:
(a) The malfunction, unexpected function, or unintended function of blockchain or cryptocurrency networks, including forks, replay attacks, double-spend attacks, Sybil attacks, 51% attacks, governance disputes, changes in cryptography or consensus rules, mining difficulties, or cybersecurity breaches;
(b) Fluctuations or changes in the value of any digital asset;
(c) Delays or failures of blockchain networks;
(d) Sanctions-related restrictions or frozen funds;
(e) Force majeure events, including but not limited to acts of God, natural disasters, wars, terrorism, labor disputes, internet outages, cyberattacks, strikes, or government actions;
(f) Any failure, interruption, delay, or unavailability of external systems, blockchain networks, third-party services, or telecommunications systems.

18.3. Provided Swapped has complied with its obligations under these Terms, Swapped shall not be liable for any damage, loss, or injury caused by hacking, tampering, virus transmission, or unauthorized access or use of Swapped Connect or any related information.

18.4. In no event shall Swapped’s total cumulative liability arising out of or relating to these Terms or your use of Swapped Connect exceed one hundred U.S. dollars (USD $100), except in cases of Swapped’s proven gross negligence or willful misconduct as determined by a court of competent jurisdiction.

18.5. These limitations apply regardless of the legal theory under which such liability is asserted, whether in contract, tort, negligence, warranty, strict liability, or otherwise, and even if Swapped has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not fully apply to you.

19. Dispute Resolution and Arbitration Agreement

19.1. This Arbitration Agreement applies to all claims arising out of or relating to your use of Swapped Connect, except for disputes solely between you and a Merchant. This Agreement applies to the fullest extent permitted by applicable law.

19.2. Informal Dispute Resolution Requirement
Before initiating arbitration, you agree to provide written notice describing your claim and to participate in a good-faith informal resolution discussion with Swapped within sixty (60) days.

19.3. Arbitration Procedure
Where permitted by law, if a dispute is not resolved, it will be submitted to binding arbitration administered by the American Arbitration Association (AAA) or JAMS under their applicable commercial arbitration rules. You agree to provide notice of your intent to arbitrate, including your name, contact information, a description of your claim, the relief sought, and a good-faith calculation of the amount in controversy. The arbitration will be conducted in English and may take place virtually or, if required, in Boston, Massachusetts, United States.

19.4. Confidentiality
All arbitration proceedings, filings, and awards will remain confidential to the extent permitted by law.

19.5. Waiver of Jury Trial
To the fullest extent permitted by law, you waive any right to a jury trial for claims subject to this Arbitration Agreement.

19.6. Waiver of Class Actions
To the fullest extent permitted by law, you agree that any claims will proceed on an individual basis and waive the right to participate in class, collective, or representative actions.

19.7. Exceptions for Injunctive Relief
Either party may seek injunctive or equitable relief in court to protect intellectual property rights, confidential information, or rights requiring urgent relief, without engaging in arbitration.

19.8. Severability
If any portion of this Arbitration Agreement is found unenforceable, the remaining provisions will remain in effect.

19.9. Limitation on Actions
Any claim arising out of or relating to your use of Swapped Connect must be brought within one (1) year after it arises unless a longer period is required by applicable law.

20. Governing Law and Jurisdiction

20.1. Subject to applicable law, these Terms shall be governed by and construed under the laws of the State of Delaware, United States, without regard to its conflict of law principles.

20.2. To the extent any dispute is permitted to proceed in court (including claims for injunctive relief or if the arbitration agreement is held unenforceable), and subject to applicable law, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, United States, and waive any objections based on venue or forum non conveniens.

21. General Provisions

21.1. Entire Agreement
These Terms, together with the Privacy Policy and any other referenced policies or agreements, constitute the entire agreement between you and Swapped regarding your use of Swapped Connect and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

21.2. Third-Party Content Disclaimer
Swapped Connect may contain links to third-party websites or services. Swapped does not control, endorse, or assume any responsibility for third-party content, which may be inaccurate, incomplete, or objectionable. Your interactions with third parties are solely between you and those third parties, and Swapped is not responsible or liable for any loss or damage incurred as a result of such dealings.

21.3. Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without Swapped’s prior written consent. Swapped may assign or transfer these Terms without restriction.

21.4. No Waiver
The failure by Swapped to enforce any right or provision of these Terms will not constitute a waiver unless acknowledged and agreed to in writing by Swapped.

21.5. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

21.6. Force Majeure
Swapped shall not be liable for any delays, failures, or interruptions in performance under these Terms resulting from acts beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, terrorism, cyberattacks, regulatory changes, labor disputes, internet outages, or power failures.

21.7. Notices
Swapped may provide all communications and notices required under these Terms electronically via email or by posting notices on its website.

22. Modifications and Amendments

Swapped reserves the right to modify or amend these Terms at any time by posting the updated version on its website. Material changes will take effect fourteen (14) days after posting unless otherwise required by law, while non-material changes will take effect upon posting. Your continued use of Swapped Connect after changes take effect constitutes your acceptance of the updated Terms. If you do not agree with the modifications, your sole remedy is to stop using Swapped Connect.