Terms of Use (Global)

These Terms of Use create a digital agreement between you (“User”) and Swapped ApS (hereinafter referred to as “Swapped,” “we,” “us,” or “our”), a company incorporated in Denmark under Company No. 42865397, with its registered address at Rosbjergvej 22A, 8220, Brabrand, Denmark. These Terms govern your use of this website, as well as any services, products, and content provided by Swapped.

In these Terms, “Swapped” refers to Swapped ApS, its owners, directors, investors, officers, employees, agents, and related parties, unless otherwise indicated.

Please carefully review these Terms of Use before accessing the Site or using our services, products, or content. You are solely responsible for understanding and complying with all applicable laws and regulations relevant to your jurisdiction and use of Swapped’s offerings.

By accepting these Terms, you agree to be bound by our Privacy Policy and any other policies published on the Site, which are incorporated herein by reference. Swapped respects your data protection rights under the General Data Protection Regulation (GDPR) and other applicable data privacy laws. Please review our Privacy Policy to understand how we collect, use, and protect your personal data.

Nothing in these Terms affects your statutory rights as a consumer under applicable European Union laws.

If you do not agree to these Terms of Use, please do not access the Site or use any services, products, or content provided by Swapped.

These Terms of Use apply to your use of Swapped’s services globally and within the European Union, and are NOT applicable for users located in the United States, who are subject to separate Terms of Use specific to the United States jurisdiction.

Regulatory Disclosures (EU Users Only)

Swapped ApS is authorized as a Crypto-Asset Service Provider under the Markets in Crypto-Assets Regulation (MiCAR). Our registration number is 42865397 and we are supervised by the Danish Financial Supervisory Authority (Finanstilsynet).

1. Definitions

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

1.1. Account: A User profile created and verified through the Swapped platform, which contains personal, transactional, and identification information.

1.2. AML/CTF Laws: Refers to applicable anti-money laundering and counter-terrorist financing laws and regulations in the User’s jurisdiction, including but not limited to the Danish Act on Measures to Prevent Money Laundering and Terrorist Financing, relevant AML directives and regulations, and any other applicable local laws designed to prevent money laundering, terrorist financing, and related financial crimes. A full list of applicable laws and regulations can be found in Section 23.

1.3. Buyer: A User who purchases digital assets using fiat currency via Swapped's Services.

1.4. Fiat Currency: Government-issued currency designated as legal tender in the Users recognized country.

1.5. Funds: Fiat currency or digital assets used in connection with Swapped's Services.

1.6. 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, Ethereum).

1.7. Network Fee: The transaction fee charged by the relevant blockchain network to process and confirm transactions on that blockchain. 

1.8. On Ramp: The service offered by Swapped whereby the customer is able to purchase Digital Assets from Swapped in exchange for fiat currency or other Digital Assets, subject to sanctions screening, AML/CFT, and anti-fraud controls. For a Buy Order, once payment is received, Swapped completes the transaction by delivering the agreed Digital Assets to the user’s designated wallet, using its own inventory, without holding or converting customer funds, and subject to applicable compliance reviews. 

1.9. Off Ramp: The service offered by Swapped whereby the customer is able to sell Digital Assets to Swapped in exchange for fiat currency or swap for other Digital Assets, subject to sanctions screening, AML/CFT, and anti-fraud controls. For a Sell Order, once the Digital Assets are received, Swapped completes the transaction by paying out the agreed fiat currency to the user’s designated payout account, or by delivering the agreed Digital Asset in the case of a swap, using its own inventory, without holding or converting customer funds, and subject to applicable compliance reviews.

1.10. Services: All products and services offered by Swapped  including but not limited to the purchase and sale of digital assets through the Swapped platform.

1.11 Payout Account: The account designated by the User to receive fiat currency payouts from Swapped in connection with Off Ramp transactions, and may include the User’s bank account, PayPal account, Skrill account, or other wallet-based monetary accounts approved by Swapped.

1.12. Platform: Refers to the environment that allows the exchange of fiat currencies for virtual currencies and the exchange of virtual currencies for fiat currencies.

1.13. Purchase: Refers to a User’s instruction to buy Virtual Currency using Fiat Currency under specified conditions through the Platform, with the purchased Virtual Currency delivered to the wallet address designated by the User.

1.14. Site: refers to the Swapped website at https://swapped.com 

1.15. Sell: Refers to a User’s instruction to sell Virtual Currency for Fiat Currency under specified conditions through the Platform, with the Fiat Currency delivered to the User’s designated bank account or payment method upon successful completion of the sale.

1.16. Transaction Price: Refers to the total price paid by the Buyer for each Transaction performed via the Service.

1.17. Transaction: Refers to the transfer of virtual currency to the wallet specified by the Buyer after receiving the specified fiat equivalent from the User, as guaranteed.

1.18. Transaction Fee: Refers to the fee payable to Swapped for each completed Transaction performed through the Services.

1.19. User: Refers to a person or entity using the Services and agreeing to follow the Terms of Use.

1.20. Wallet: A blockchain address provided by the User for the receipt of digital assets purchased via Swapped.

1.21. Widget: Refers to a stand-alone software solution that provides the User with an alternative access to Swapped's Services from third-party web portals or cash-in terminals.

1.22. Not Supported Countries: Countries in which the Services are not offered, including but not limited to: Afghanistan, American Samoa, Belarus, Bosnia and Herzegovina, Burundi, Central African Republic, DRC, Cuba, China, Ethiopia, Gaza Strip, Guam, Guinea-Bissau, Guyana, Iran, Iraq, Laos, Lebanon, Libya, Mali, Myanmar, Nicaragua, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Trinidad & Tobago, Tunisia, Uganda, US Virgin Islands, Vanuatu, Venezuela, West Bank, Yemen, Zimbabwe.

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

2. Entity and Service Scope
2.1. These Terms apply globally except for Users located in the United States, who are governed exclusively by the separate Terms of Use provided by Swappedcom Inc.

2.2. The Services are offered by multiple affiliated Swapped entities worldwide. The applicable terms, privacy policies, and governing laws depend on the entity providing the Services to you based on your location:
 2.2.1. Swapped ApS (Denmark) serves Users globally, except where another local Swapped entity is authorized to provide services.
 2.2.2. Swapped ApS NUF (Norway) provides services to Users located in Norway.
 2.2.3. Swapped APS (Australia) serves Users located in Australia.
 2.2.4. Bitinvestor APS (Canada) serves Users located in Canada.

2.3. Each Swapped entity’s legal and contact details will be available on the relevant website or platform serving that jurisdiction.

2.4. Users are only authorized to use the Services offered by the Swapped entity licensed or authorized to provide Services in their jurisdiction. If you are located in a jurisdiction served by a different Swapped entity, your use of the Services is subject to that entity’s Terms of Use and Privacy Policy.

2.5. While Swapped strives to provide Services globally through its authorized entities, availability and access to the Services may be subject to applicable laws and regulations in your jurisdiction; See Sec.21. Users located in jurisdictions where Swapped is not authorized to provide Services may experience limited or restricted access. It is the User’s responsibility to ensure that their use of the Services complies with all applicable laws and regulations in their jurisdiction.

2.5. Due to the nature of virtual currency wallet addresses, the possibility to refund a transaction, re-enter, or change a wallet address once a transaction is initiated is not available. Users are required to understand and accept this before initiating any transactions.

3. Eligibility and Compliance
3.1. To use the Services, you must:
 3.1.1. Be at least the legal age to use financial services in your jurisdiction (typically 18 years or older).
 3.1.2. Reside in a jurisdiction where the applicable Swapped entity is licensed or authorized to provide the Services.
 3.1.3. Have full legal capacity to enter into this agreement.
 3.1.4. Not be subject to any applicable sanctions, restrictions, or prohibitions under your local laws or international regulations.

3.2. By using the Services, you represent and warrant that all the above conditions are met. Swapped may, at its sole discretion, suspend or terminate your access to the Services if it suspects non-compliance with these requirements or applicable laws.

4. Description of Services

4.1. Swapped provides a platform that enables Users to:

4.1.2 Buy supported digital assets using fiat currency (“on-ramp”);

4.1.3 Sell supported digital assets for fiat currency (“off-ramp”).

4.1.4. Unless otherwise stated, when you purchase or sell digital assets using the Swapped platform, you are purchasing or selling directly from Swapped or its affiliated entities providing the Service in your jurisdiction.

4.2. The Services are non-custodial. Swapped does not hold or store fiat currency or digital assets on your behalf.

4.3. All purchases or sales are initiated by the User, and final delivery is made to or from a blockchain wallet address controlled by the User. Swapped does not offer hosted wallet services.

4.4 Swapped and its affiliated entities are  not payment acquirers, payment processors, or card payment schemes. All fiat payments for the purchase of Digital Assets through the Platform are processed by third-party payment processors engaged by Swapped. Swapped does not directly acquire or process card payments and does not operate or participate in a card payment network.

4A. Right of Withdrawal (EU Consumers)

4A.1. If you are a consumer residing within the European Union, you generally have the right to withdraw from this contract within fourteen (14) calendar days without providing any reason, pursuant to the EU Consumer Rights Directive (2011/83/EU). This withdrawal period begins from the day of contract conclusion.

4A.2. However, by explicitly consenting to the immediate execution of the service (i.e., authorizing the purchase or sale of virtual currency and agreeing that Swapped begin delivery immediately), you acknowledge and agree that you waive your right of withdrawal. This is because the contract is considered fully performed upon delivery of the digital asset, and therefore, the withdrawal right does not apply.

5. Accessing the Services and User Verification (Onboarding & KYC/AML Compliance)

5.1. Subject to your continued compliance with these Terms, Swapped grants you a revocable, limited, non-exclusive, and non-transferable license to access and use the Services for your personal, lawful use. Swapped may suspend or terminate this license at any time, with or without notice.

5.2. To use certain Services, you will need to complete Swapped's onboarding process in accordance with our Compliance Program and applicable law.

5.3. We reserve the right to require you to provide certain information and documentation (“Onboarding Information”) in order to use the Services. This may include, but is not limited to:

 5.3.1. Full name, date of birth, residential address, email, and phone number;

 5.3.2. Social Security Number or national identification number;

 5.3.3. Government-issued photo identification;

 5.3.4. Source of funds and bank account information;

 5.3.5. Network address or device-related information;

    5.3.6. Proof of address;

    5.3.7. Selfie/Photo matching the photo identification.

 5.3.8. Any other information we reasonably deem necessary for risk management and legal compliance.

5.4. You authorize Swapped, directly or through third parties, to make any inquiries we consider necessary to verify your identity and the information provided.

5.5. You represent and warrant that all Onboarding Information you provide is accurate and complete, and you agree to promptly update Swapped if any information changes, but no later than ten (10) days after becoming aware of the change.

5.6. You agree to comply with any request for additional Onboarding Information within fourteen (14) days of our request (“Onboarding Information Deadline”). If you fail to comply, fail to provide accurate information, or if we are unable to verify your identity, Swapped may limit, suspend, or terminate your access to the Services.

5.7. Swapped complies with applicable anti-money laundering (AML) and counter-terrorist financing (CTF) laws and regulations in the jurisdictions where it operates, including, but not limited to, the European Union’s Anti-Money Laundering Directives (AMLD) and related regulations. See Sec.23. Accordingly, Swapped may request additional information or documentation at any time, including after account creation or during transaction reviews, to fulfill legal obligations and internal compliance requirements.

5.8. Personal data collected during onboarding and verification will be handled in accordance with Swapped’s Privacy Policy and applicable laws, with appropriate safeguards in place.

5.9. Swapped reserves the right to freeze or terminate your access to Services if it is unable to verify your identity or if it reasonably suspects fraudulent activity, unauthorized use, or violations of applicable laws or these Terms.

6. User Rights, Responsibilities, Representations, and Conduct

6.1. Users have the right to access and use the Site, Widget, and Services provided they agree to and comply with these Terms of Use.

6.2. By using the Site, Widget, or Services, Users confirm they have read, understood, and agreed to these Terms of Use and acknowledge their responsibility to comply with all applicable laws and regulations in their jurisdiction (see Section 2).

6.3. Users agree to use the Services only for lawful purposes and not to engage in any illegal activities, including but not limited to money laundering, terrorist financing, or fraud.

6.4. Users are responsible for maintaining the confidentiality and security of their account credentials and for all activity under their account. Users are prohibited from creating or maintaining more than one account with Swapped unless expressly authorized by Swapped in writing.

6.4A. Account Sharing Prohibited. You agree not to share your Swapped account with any other person. Each account must only be used by the individual who registered the account.

6.5. Users must promptly notify Swapped at support@swapped.com of any unauthorized use of their account, credentials, or any security breaches.

6.6. Users acknowledge that transactions involving digital assets are irreversible once executed, and Users are solely responsible for ensuring the accuracy of wallet addresses and transaction details before submitting transactions.

6.7. Users agree to provide any information or documentation Swapped may reasonably request to comply with applicable laws, including anti-money laundering (AML) and counter-terrorist financing (CTF) obligations under relevant regulations such as the European Union’s AML Directives, Danish anti-money laundering laws, and other applicable national and international laws; See Sec.23, and to cooperate fully with Swapped in maintaining compliance with these laws.

6.8. Users are solely responsible for assessing the suitability and risks of any transaction made through the Services based on their financial situation and risk tolerance.

6.9. All payment instruments used for transactions, including bank accounts and payment cards, must be in the User’s name. Attempts to use payment instruments not owned by the User may be treated as fraud by Swapped. Using another person’s payment method, credit card, or bank account for transactions on Swapped is strictly prohibited and may result in account suspension.

6.9A. Transacting to or from third-party bank accounts or wallet addresses is strictly prohibited.

6.10. Users agree to indemnify Swapped for any damages or losses caused by their breach of these Terms or violation of applicable laws or third-party rights.

6.11. By using the Services, you represent and warrant that:

 (a) You are not located in, under the control of, or a national or resident of any country subject to embargoes or sanctions applicable in your jurisdiction, and you are not listed on any applicable government or international prohibited party lists, including but not limited to the European Union’s sanctions lists, the United Nations Security Council sanctions, or other relevant authorities’ restricted or denied party lists.

 (b) You own and control all linked payment methods and wallet addresses you provide and will promptly update Swapped if any of this information changes.

 (c) You will comply with all applicable laws and regulations in your jurisdiction, including but not limited to those relating to anti-money laundering (AML), counter-terrorist financing (CTF), sanctions compliance, tax reporting, consumer protection, and financial crime prevention, such as the EU’s AML Directives, Denmark’s Anti-Money Laundering Act, and other relevant national and international laws.See Sec.23.

 (d) You will not use automated means, including bots, spiders, scrapers, or other tools, to access, interact with, or extract data from the Services, without written permission by Swappe.

    (e) You will not  attempt to bypass geographic, technical, or regulatory access restrictions.

   (f) Reasonable user-initiated automation, such as scheduling recurring purchases, is permitted where supported by Swapped.

 (g) You will not introduce or deploy any malware, viruses, hacking utilities, or malicious scripts into or through the Services.

6.12. You agree to cooperate with Swapped if we request confirmation, clarification, or updates to your representations or other account-related information.

6.13. Additional User Representations:

 (a) Any fiat currency used to purchase Digital Assets through the Services belongs to the User and is derived from lawful sources.

 (b) All Transactions performed through the Services will not violate the rights of any third party or applicable laws.

 (c) The User acknowledges that personal data and identifiers may be shared with authorized third parties to comply with applicable legal obligations, including crime prevention, tax reporting, and regulatory requirements, in accordance with Swapped’s Privacy Policy.

6.14. You agree that you are solely responsible for your conduct while using the Services and will comply with all applicable laws, rules, and regulations.

6.15. Without limiting the generality of the foregoing, you agree not to:

 (a) Use the Services in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any way.

 (b) Use the Services to pay for, support, or otherwise engage in any illegal activities, including but not limited to illegal gambling, fraud, money laundering, or terrorist activities.

 (c) Use any robot, spider, crawler, scraper, or other automated means or interface not provided or authorized by Swapped to access the Services, extract data, or interfere with transactions.

 (d) Use or attempt to use another person’s Swapped Account without authorization, or provide false, inaccurate, or misleading information to Swapped.

 (e) Attempt to circumvent any content filtering techniques employed by Swapped, or attempt to access any service or area of the Services that you are not authorized to access.

 (f) Introduce any malware, viruses, Trojan horses, worms, logic bombs, or other harmful material to the Services.

 (g) Develop or use any third-party applications that interact with the Services without Swapped’s prior written consent.

 (h) Encourage or induce any other person to engage in any of the activities prohibited under these Terms.

7. Swapped’s Rights and Responsibilities

7.1. Swapped reserves the right to suspend or refuse to process any Transaction, and to freeze or block fiat or digital assets before they are transferred to the User’s designated wallet address, if Swapped reasonably suspects that the Transaction or User activity involves fraud, illegal activity, or a violation of these Terms or applicable law, including sanctions compliance. See Sections 6, 7, 9, and 13 for further details.

7.2. Swapped undertakes to provide the Services with reasonable care and in accordance with these Terms. Swapped’s obligations are limited to using commercially reasonable technical efforts to process Transactions and to submit digital asset transfer instructions to the applicable network on the User’s behalf.

7.3. Swapped is not responsible for ensuring the receipt of digital assets by the User’s wallet once Swapped has submitted the transaction to the network. Users acknowledge that the timing and completion of transactions depend on blockchain network conditions outside Swapped’s control.

7.4. To the maximum extent permitted by law, Swapped shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profit, revenue, business, opportunity, or data, unless such damages result directly from Swapped’s material breach of these Terms. See Sections 9 and 13 for additional limitations of liability.

7.5. Swapped is not responsible for any delays, malfunctions, or interruptions caused by internet connectivity issues, blockchain congestion, or failures of third-party service providers, including payment processors and banks.

7.6. In the event of suspected fraud, money laundering, or other illegal activities, Swapped may report relevant User information, including names, addresses, and transaction data, to competent authorities and may freeze related User accounts or transactions as required by applicable law.

7.7. Nothing in these Terms excludes or limits Swapped’s liability for fraud, death, or personal injury caused by Swapped’s negligence, or any other liability that cannot be excluded or limited under applicable law.

7A. Export Control and Sanctions Compliance

7A.1. You acknowledge and agree that the Services are subject to export control laws, economic sanctions, and trade embargoes administered by relevant authorities including, but not limited to, the European Union, the United Nations, the United Kingdom, Denmark, and other applicable jurisdictions.

7A.2. You warrant that you are not located in, under the control of, or a national or resident of any country or territory that is subject to comprehensive sanctions administered or enforced by the United States, the European Union, the United Kingdom, the United Nations, or other applicable sanctions authorities. Such sanctioned jurisdictions include, but are not limited to, Iran, North Korea, Syria, Cuba, and the Crimea region.

7A.3. You agree not to use the Services to engage in any transaction or activity that violates applicable export control laws or economic sanctions regulations.

7A.4. Swapped reserves the right to suspend or terminate your access and block or refuse transactions if it suspects a violation of applicable export control or sanctions laws.

8. Transaction Terms and Refund Policy

8.1. All transactions on the platform are final. For onramp transactions, they are final once the digital asset has been broadcast to the blockchain and a transaction ID has been issued, as blockchain-based transactions are irreversible and cannot be canceled, recalled, or modified after execution. For offramp transactions, transactions are final once the payout to the customer's payout details has been processed. Your transaction identifier will be used as a reference for resolving disputes or inquiries related to your transactions.

8.2. Refunds will only be provided under the following limited circumstances:

 8.2.1. The User sends an unsupported digital asset or sends it via an unsupported blockchain network;

 8.2.2. The User sends an incorrect amount that is below the minimum transaction threshold;

 8.2.3. Swapped is unable to process the transaction due to fraud detection, compliance reasons, or technical processing failures.

8.3. Refunds may be subject to the following deductions:

 8.3.1. Applicable blockchain network fees;

 8.3.2. Third-party payment processing costs;

 8.3.3. Investigation or administrative costs incurred by Swapped in facilitating the refund.

8.4. If Swapped identifies that funds originated from or were linked to a wallet address, account, or party subject to applicable sanctions or restrictions, including but not limited to those imposed by the European Union, the United Nations, or other relevant authorities (for a complete list of applicable sanctions authorities, please refer to Section 23), Swapped may:

 8.4.1. Freeze the funds indefinitely;

 8.4.2. Notify the relevant government or regulatory authorities responsible for sanctions enforcement or financial crime compliance, including but not limited to:

 • The European Union (EU) Sanctions Authorities

 • The United Nations Security Council Sanctions Committee

 • The United Kingdom’s Office of Financial Sanctions Implementation (OFSI)

 • The Norwegian Ministry of Foreign Affairs (for Norway sanctions enforcement)

 • The Australian Department of Foreign Affairs and Trade (DFAT)

 • The Canadian Office of the Superintendent of Financial Institutions (OSFI)

 • Other relevant national or regional sanctions authorities as applicable to the User’s jurisdiction.

8.5. Refunds will be returned in the same asset and to the same payment method or wallet where feasible. If that is not possible:

 8.5.1. Swapped may request a new wallet address or refund method from the User;

 8.5.2. If the transaction amount is less than the required network fee or processing cost, Swapped may be unable to return the funds, and they will be considered unrecoverable.

9. Order Rules, Limitations, and User Accountability

9.1. Minimum Order Requirements.
 9.1.1. The minimum order value for on-ramp and off-ramp transactions is 7 EUR or equivalent. Orders below this threshold may not be processed, and if received, Swapped will attempt to refund the amount minus applicable network fees to the wallet address you used or another address you provide. In cases where the amount is too small to cover the refund cost, or if the currency sent is unsupported or unrecognized (e.g., newly created), the funds may be unrecoverable and will not be able to be returned.

9.2. Incorrect or Unsupported Digital Assets.
 9.2.1. If you send a supported cryptocurrency, but not the one specified in your order, Swapped may complete the transaction using the asset actually received.
 9.2.2. If you send a supported cryptocurrency in the wrong amount (but still above the minimum), Swapped may complete the transaction, but it may require additional verification or KYC checks.
 9.2.3. If you send an unsupported or unknown digital asset. Swapped does not guarantee recovery of the asset. These assets may be unrecoverable.

9.3. Limitations on Placing Orders.
 9.3.1. Access to Swapped’s Services and the ability to place orders for digital assets may not be available in all jurisdictions. Swapped reserves the right to restrict or prohibit use of the Services, including implementing transaction limits, at its sole discretion, with or without notice.

9.4. Mistaken or Accidental Orders.
 9.4.1. You are solely responsible for ensuring the accuracy of all information provided to Swapped in connection with your transactions, including wallet addresses and transaction details.
 9.4.2. You agree to review the transaction summary page for accuracy before submitting any transaction.
 9.4.3. Transactions involving digital assets may be irreversible, and Swapped will not be responsible for losses arising from mistaken or accidental transactions initiated by you, including transfers to incorrect addresses or unsupported wallets.

9.5. User Responsibility for Account Security.
 9.5.1. You are solely responsible for maintaining the confidentiality and security of your Swapped account credentials, and for all transactions and orders placed using your Swapped account credentials, whether or not authorized by you.
 9.5.2. Swapped will assume that any transaction initiated using your credentials is authorized by you.

9.6. Limitation of Liability for Unauthorized Transactions.
 9.6.1. Except as required by applicable law, Swapped will not be liable for any unauthorized transactions or losses resulting from unauthorized access to your Swapped account.

9.7 User Security and Breach Notification

9.7.1. Swapped takes the security of your account and personal information seriously. In the event of a data breach or unauthorized access that may compromise your account or personal data, Swapped will notify you promptly in accordance with applicable laws. You agree to cooperate with any reasonable steps Swapped may require to secure your account and mitigate potential harm.

10. Fees, Payment Processing, and Merchant of Record

10.1. Displayed Fees. All fees applicable to your transactions are clearly displayed prior to confirming a transaction. By proceeding with a transaction, you agree to pay the stated fees.

10.1A. Compliance. All transactions will comply with applicable local payment regulations and financial laws governing the jurisdiction in which you use the Services.

10.2A. Fees and amounts may be displayed in local currency or EUR equivalent.

10.2. Merchant of Record. The Swapped entity providing Services to you is the merchant of record for transactions conducted using your payment method on the Swapped platform. While Swapped uses third-party payment processors  to facilitate transactions, Swapped remains responsible for the delivery of Services you have purchased, including the purchase and sale of digital assets, subject to these Terms. Swapped is not responsible for technical delays, processing issues, or errors attributable to third-party payment processors.

10.3. Payment Authorization. By using your payment method on the Swapped platform, you authorize Swapped, directly or through its authorized third-party payment processors, to debit and/or credit your payment method for the full amount of each transaction, including applicable fees, taxes, and any adjustments such as refunds, chargebacks, or reversals associated with your transactions.

10.4. Card Scheme Rules. You acknowledge and agree that your use of a payment method is subject to the terms and conditions of your financial institution and the rules of the applicable card networks (including Visa and Mastercard). You agree to comply with all such terms and rules.

10.5. Additional Processor Fees. Third-party payment processors may impose additional fees (including but not limited to currency conversion, cross-border, or network assessment fees) that are determined by the processor and are outside of Swapped’s control.

10.5.1. Swapped may charge various fees related to your transactions, including processing fees, network fees, and partner ecosystem fees. These fees may vary depending on network congestion, payment method, and operational costs, and will be disclosed prior to confirming a transaction.

10.6. Fee Updates. Up-to-date fees applicable to your transactions are always available at https://swapped.com/fees. Swapped may adjust its fees from time to time without prior notice, and it is your responsibility to review the current fees before confirming a transaction.

10.6A. Network Fees. Network fees (blockchain transaction fees) are charged by the relevant blockchain network and vary dynamically in real time depending on network congestion and other factors. These fees are outside of Swapped’s control and are passed through to you as part of your transaction. Network fees differ depending on the digital asset being transacted and are separate from Swapped’s service or processing fees.

10.7. Payment Capture Timing. Swapped will only capture payment for a transaction after the corresponding digital asset has been sent to the User and the blockchain transaction ID has been provided to the User.

10.8. User Responsibility. You are solely responsible for maintaining sufficient funds and/or credit limits on your payment method to complete your transactions without incurring overdraft or insufficient funds fees. Swapped will not be responsible for any fees or penalties imposed by your financial institution in connection with your transactions.

10.9. Right to Refuse or Reverse Transactions. Swapped reserves the right to refuse to process, cancel, suspend, or reverse any transaction at its sole discretion, including but not limited to situations involving suspected fraud, insufficient funds, violation of these Terms, or compliance with applicable laws and regulations.

10.10. Refund and Reversal Authorization. You expressly authorize the Swapped entity in your jurisdiction to process refunds and reversals to your payment method in connection with transactions on the platform, in accordance with these Terms and applicable law.

10.11. Receipts. Swapped will provide you with a receipt via email after each transaction you initiate using the Services. The receipt will include details such as the amount of digital assets purchased or sold, the fees charged, and the total amount debited or credited to your payment method.

10A. Transactions

10A.1. The Platform enables Users to purchase and sell digital assets using fiat currency through the Site or Widget.

10A.2. Crypto Delivery Time: When customers make a transaction through Swapped, Swapped will only capture the payment once the cryptocurrency transaction has been broadcasted on the relevant blockchain and the transaction ID has been provided to the customer. The time between Credit Card Authorizations and Capturing is usually no more than a few seconds while anti-fraud, AML, KYC, and CFT checks are performed. When payment is done through bank transfer or alternative payment methods, cryptocurrency delivery happens seconds after Swapped receives the payment once anti-fraud, AML, KYC, and CFT checks have been performed. If anti-fraud, AML, KYC or CFT fail, the payments will immediately be refunded, on the basis that the funds are not associated with Money-Laundering, Terrorism-Financing or Sanctions.

10A.3. The User acknowledges that submitting a payment order requires careful consideration, and the User accepts the consequences of its execution. Once a payment order has been executed, the transaction is final, irreversible, and cannot be cancelled. Transactions will be executed immediately and are considered to have occurred at the date and time of execution.

10A.4. The User acknowledges that transactions may be delayed due to identity verification, compliance checks, blockchain congestion, or network issues. Additionally, due to the nature of blockchain networks, the delivery of digital assets to the specified wallet may require additional time after transaction execution.

10A.5. If the User discovers any unauthorized transaction activity, they must immediately notify Swapped at support@swapped.com and follow any instructions provided. Swapped reserves the right to freeze related funds while investigating the incident.

10A.6. Where permitted by applicable law and payment network rules, Swapped may be required to cancel or recall already executed transactions at the request of financial institutions or payment processors.

10A.7. If a User receives more digital assets or fiat currency than intended due to a processing error, system malfunction, or any other reason, the User agrees to promptly notify Swapped and refund the excess amount as instructed. Swapped reserves the right to recover excess funds by freezing the User’s account, or taking other reasonable actions as necessary. The User agrees to cooperate fully with Swapped in resolving such discrepancies.

10B. Transaction Fees and Transmission Delay 

10B.1. Swapped reserves the right to determine Transaction Fees at its discretion and will disclose applicable fees before the User confirms a transaction.

10B.2. Swapped is not responsible for exchange rates, processing fees, or additional fees imposed by the User’s payment service providers, card issuers, or banks. These fees are the User’s responsibility.

10B.3. The User agrees to pay Swapped any applicable Transaction Fees for each completed transaction as disclosed prior to execution.

10B.4. Due to the nature of blockchain networks and digital asset transfers, transactions may be subject to transmission delays or network congestion which can affect the timing of your transaction execution and confirmation.

10B.5. Transaction fees and digital asset prices may fluctuate during processing. In such cases, Swapped reserves the right to provide updated transaction quotes ("pre-completion re-quotes") prior to finalizing the transaction to reflect current market conditions and network fees.

10B.6. By proceeding with a transaction, you acknowledge and accept these potential delays and price adjustments, and agree that Swapped shall not be liable for any losses or damages caused by transmission delays, network congestion, or re-quoting.

10C. Rounding Policy

10C.1. Swapped applies a rounding policy for financial calculations to maintain consistency in transactions. Fiat currency transactions are rounded to the second decimal place, while the rounding policy for digital assets may vary based on the specific asset’s divisibility.

11. Risk Disclosure and Assumption of Liability

11.1. By accessing or using the Services, you acknowledge and agree that:
11.1.1. Digital assets are highly volatile and may lose all or a significant portion of their value in a short period of time.
11.1.2. Digital assets are not legal tender, are not backed by any government or central bank, and are not covered by any deposit insurance scheme or other investor protection frameworks.
11.1.3. Swapped does not guarantee the market price, liquidity, or usability of any digital asset, nor does it provide any investment advice or performance warranties.
11.1.4. All blockchain-based transactions are final, irreversible, and subject to delays, reorgs, or technical errors inherent in decentralized networks.
11.1.5. Swapped is not responsible for any loss of funds, delays, or failed transactions caused by blockchain congestion, network fees, or third-party wallet issues.
11.1.6. Regulatory changes or government actions may materially affect the legality, use, or value of digital assets in your jurisdiction.
11.1.7. Digital assets are not insured by any government-backed deposit insurance or investor protection schemes, including but not limited to the European Deposit Insurance Scheme (EDIS) or equivalent programs in your jurisdiction. Swapped does not carry private insurance to protect against loss of digital assets. You acknowledge that you may lose the entire value of your digital assets without any recourse, compensation, or insurance recovery.

11.1.8. Digital assets are not recognized as legal tender in most jurisdictions, including within the European Union, and may not be accepted by all persons or entities as a means of payment.

11.1.9. Transactions involving digital assets are irreversible, and losses due to fraudulent or accidental transactions may not be recoverable. Once digital assets are sent to an address, you may lose access to them permanently if the address is incorrect, belongs to an entity that does not return them, or is incompatible with your transaction.
11.1.10. Digital asset transactions may be recorded on a public blockchain at a time different from when you initiated the transaction, and transaction times may vary depending on network congestion and protocol operations.
11.1.11. Digital assets and blockchain networks may be subject to cyberattacks, hacks, theft, fraud, technical failures, forks, reorgs, changes in protocol rules, or other vulnerabilities that could result in partial or total loss of your digital assets.
11.1.12. The market for digital assets is driven by the continued willingness of market participants to exchange fiat currency for digital assets, and this market could collapse or disappear entirely, leading to a complete loss of value.
11.1.13. Legislative, judicial, and regulatory changes at the Member state, or international level may adversely affect the use, transfer, or value of digital assets, including your ability to use Swapped’s Services.
11.1.14. Swapped does not recommend, suggest, or advise you to buy or sell any particular digital asset, nor does it provide investment, legal, or tax advice. Any educational information provided by Swapped or its affiliates is for informational purposes only and should not be relied upon for investment decisions. You are solely responsible for conducting your own due diligence and consulting qualified professionals before engaging in digital asset transactions.
11.1.15. Technical difficulties experienced by Swapped or by blockchain networks may prevent your access to or use of digital assets purchased or sold through the Services. Hardware, software, or connectivity failures may result in losses, and Swapped will not be liable for such issues.

11.2. You agree to use the Services at your own risk and understand that you are solely responsible for any losses arising from your use of Swapped, whether due to market conditions, technical errors, or compliance-related actions.

11.3. You acknowledge that Swapped has not provided and does not provide any financial, investment, legal, or tax advice in relation to the Services.
11.3.1 Taxation
Users are solely responsible for determining, reporting, and paying any taxes, duties, or similar governmental assessments that may apply to their use of Swapped’s Services in their jurisdiction. Swapped does not provide tax advice and is not responsible for any user tax obligations

12. Disclaimer of Warranties

12.1. The Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory.

12.2. 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.

12.3. Swapped does not guarantee that the Services will be uninterrupted, timely, secure, or error-free, or that any information provided through the Services will be accurate, reliable, or current.

12.3.1 Without limiting the foregoing, Swapped makes no guarantees or warranties regarding:

(a) continuous or uninterrupted access to the Services;

(b) compatibility of the Services with your systems, wallets, or devices;

(c) the accuracy, completeness, or timeliness of any pricing, exchange rates, or other information provided through the Services; and

(d) the future availability, support, or provision of any specific cryptocurrencies, fiat currencies, or payment methods.

12.4. Swapped is not responsible for verifying the accuracy, timeliness, or completeness of any information related to digital assets or your transactions. You agree that you will independently verify any information before relying on it, and all decisions you make are your sole responsibility.

12.5. Except as expressly provided in these Terms, Swapped makes no warranties under these Terms directly for the benefit of any end user, and Swapped’s obligations are solely for your benefit and not for any third party.

12.6 Swapped may suspend access temporarily for maintenance, upgrades, or emergencies without prior notice.

13. No Custody Disclaimer
13.1. Swapped is a non-custodial service provider for both onramp and offramp transactions. We do not store, hold, or safeguard fiat currency or digital assets on behalf of Users at any time. Swapped is not a bank or financial institution and does not hold User funds in custody.

13.2. Fiat funds used for cryptocurrency purchases (onramp) are held only temporarily during transaction processing and are not held as deposits. Cryptocurrency is delivered only after funds are received, verified, and all compliance and operational controls are satisfied.

13.2A. For offramp transactions, cryptocurrency is received by Swapped for the purpose of purchasing it from the User, and fiat currency (or the agreed digital asset in the case of a swap) is paid out directly to the User from Swapped’s own inventory upon completion of compliance checks and transaction processing. Swapped does not hold User digital assets in custody during this process.

13.3. All digital assets are delivered directly to a wallet address provided and controlled by the User.

13.4. The User is solely responsible for ensuring that the wallet address provided is correct, accessible, and compatible with the digital asset being purchased.

13.5. Swapped assumes no responsibility for any loss of funds resulting from:
 13.5.1. Incorrect wallet addresses;
 13.5.2. Lost access to wallets or private keys;
 13.5.3. Wallets that are incompatible with the asset or blockchain used.

13A. User Security Obligations

13A.1. You are solely responsible for maintaining the confidentiality and security of your account credentials, device, wallet, and email account.
13A.2. You must immediately notify Swapped at support@swapped.com  if you suspect any unauthorized use of your account or a security breach.
13A.3. Swapped will never ask for your password, private keys, or full credit card details via email or text.
13A.4. Any delay in reporting a potential compromise may result in liability for losses.

13B. Electronic Communications and Consent

13B.1. You agree that Swapped may provide all legally required disclosures, notices, agreements, transaction receipts, fee updates, compliance notices, and other information related to your use of the Services (“Communications”) electronically. Such Communications may be delivered via email, through the Swapped platform, or by posting on our website. All such Communications will be considered “in writing,” and you should save or print copies for your records.

13B.2. To receive electronic Communications, you must maintain a valid email address and internet access, and you agree to promptly update your contact information if it changes. You may withdraw your consent to electronic Communications at any time by contacting support@swapped.com ; however, doing so may result in termination of your access to the Services, except for marketing Communications, where withdrawal will not affect your use of the Services.

13B.3. Your consent to electronic Communications and electronic signatures is governed by applicable laws in your jurisdiction, including but not limited to the EU’s eIDAS Regulation or other relevant electronic signature and communications laws. Swapped may modify or discontinue electronic Communications and will provide notice as required by applicable law.

14. Prohibited Use Obligations

14.1. You agree not to use your Swapped Account or any Services to engage in the following activities (“Prohibited Use”):
 (a) Unlawful Activity: Violating, or assisting in the violation of, any applicable laws, regulations, or sanctions imposed by competent authorities, including but not limited to those enforced by the European Union, the United Nations, or other relevant jurisdictions, or using the Services for unlawful materials or proceeds.

  (b) Abusive Activity: Interfering with or overloading our systems; transmitting malware or harmful software; unauthorized access to the Swapped platform or other user accounts; scraping, mining, or extracting data from the Services.
 (c) Abuse of Others: Harassment, threats, stalking, defamation, extortion, or infringing others' rights including privacy, publicity, and intellectual property; collecting user data without consent.
 (d) Fraud: Providing false, inaccurate, or misleading information; defrauding Swapped, users, or third parties.
 (e) Unlawful Gambling: Using the Services for illegal lotteries, betting, fantasy sports, or games of chance.
  (f) Intellectual Property Infringement: Transacting in items infringing copyrights, trademarks, or proprietary rights; using Swapped’s brand without authorization.
 (g) Forbidden Items: Transacting in narcotics, controlled substances, drug paraphernalia, cigarettes, stolen goods, obscene or hate materials, certain weapons, prostitution or other items promoting illegal activity.
 (h) Unacceptable Activities: Supporting pyramid or ponzi schemes, unlicensed financial services, bribery or corruption, or any activities that violate all applicable laws.

14.2. Swapped reserves the right to terminate or restrict your access to the Services if it determines, in its sole discretion, that your activity violates this Prohibited Use Obligations section or applicable laws.

14A. Termination of Terms of Use and Account Closure

14A.1. Users may close their account at any time, subject to completing pending transactions.

14A.2. Swapped may suspend or terminate accounts at its discretion for violations of these Terms, illegal activities, or at the request of authorities.

14A.3. Swapped may close inactive accounts after six (6) months of inactivity.

14A.4. Termination does not affect Swapped’s rights to fees or amounts owed for prior transactions.

14A.5. Refunds for fiat payments, where applicable, are processed by Swapped’s payment processors and are subject to the terms and timelines of those processors.

15. Intellectual Property Rights

15.1. Ownership of Content. All content available on the Site, Widget, and any other Swapped services—including but not limited to text, software, code, graphics, logos, designs, icons, images, audio clips, videos, trademarks, service marks, trade names, and data compilations—is the exclusive property of Swapped or its licensors. This content is protected under European Union intellectual property laws as well as applicable international laws governing copyright, trademark, patent, and trade secrets, unless otherwise expressly stated.

15.2. User Restrictions. Users are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any material from the Site or Widget without prior written consent from Swapped, except as expressly permitted under these Terms or applicable law (e.g., fair use).

15.3. Trademarks and Brand Use. The trademarks, service marks, logos, and trade names displayed on the Site, Widget, and related services (the “Swapped Marks”) are registered and unregistered trademarks of Swapped and its affiliates. Users may not use, copy, imitate, or adopt any Swapped Marks in whole or in part without the express prior written permission of Swapped. Any unauthorized use of the Swapped Marks may violate trademark laws and cause irreparable harm to Swapped.

15.4. User-Generated Content. Users retain ownership of any content they submit, post, or otherwise provide to Swapped (“User Content”). By submitting User Content, you grant Swapped a worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content in connection with the operation of the Swapped platform and marketing of its services.

15.5. Feedback License. If you provide Swapped with any feedback, suggestions, or ideas related to the Services, you grant Swapped a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and commercialize such feedback or ideas without obligation or compensation to you.

15.6. Third-Party Intellectual Property. The Site and Services may include content, software, or services provided by third parties. Swapped does not claim ownership of third-party intellectual property and is not responsible for third-party content or services. Use of such third-party materials is subject to their respective terms and conditions.

15.7. Reporting IP Infringements. Swapped respects the intellectual property rights of others. If you believe your intellectual property rights have been infringed upon through Swapped’s services, please promptly notify Swapped’s designated agent at support@swapped.com with sufficient information to allow investigation and response.

15.8. Enforcement and Remedies. Swapped reserves the right to investigate any suspected intellectual property infringement or misuse and take any appropriate actions, including removing content, suspending or terminating accounts, and pursuing legal remedies as permitted under applicable laws.

15.9. Reservation of Rights. All rights not expressly granted to Users herein are reserved by Swapped and its licensors

16. Data Protection and Privacy

16.1. Swapped is committed to protecting your privacy and complying with applicable data protection laws, including the EU General Data Protection Regulation (GDPR). This section summarizes key points regarding your data rights and our processing practices.

16.2. Lawful Bases for Processing: We process your personal data based on one or more of the following lawful bases: to perform our contract with you, to comply with legal obligations (including AML and KYC regulations), to protect legitimate interests of Swapped or third parties, or with your consent where required.

16.3. Your Rights Under GDPR:
You have the right to:
 (a) Access your personal data held by us;
 (b) Request correction or erasure of inaccurate or incomplete data;
 (c) Object to or restrict processing of your data in certain circumstances;
 (d) Request portability of your personal data;
 (e) Withdraw consent where consent is the basis for processing; and
 (f) Lodge a complaint with a relevant data protection authority.

16.4. Data Retention: We retain your personal data for as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce our agreements, generally up to 5 years following the end of your relationship with us, unless a longer retention period is required or permitted by law. As such, we cannot delete all of your data until 5 years after your last transaction has passed.

16.5. Data Protection Impact Assessments (DPIAs): Where applicable, Swapped conducts DPIAs to evaluate and mitigate risks arising from our data processing activities.

16.6. International Transfers: Your personal data may be transferred and processed outside the European Economic Area (EEA) in jurisdictions that may not have equivalent data protection laws. We take appropriate measures, such as standard contractual clauses approved by the European Commission, to safeguard your data during such transfers.

16.7. For detailed information on how we handle your personal data, please refer to our full Privacy Policy available on our website.

16.8. If you have any questions or concerns about data protection, or if you wish to exercise your rights, please contact our Data Protection Officer at GDPR@swapped.com.

17. Complaints and Dispute Resolution

17.1. If you are dissatisfied with the Services, you may submit a formal complaint by:
 17.1.1. Emailing [complaints@swapped.com], or
 17.1.2 Using our help center:  

https://intercom.help/swappedcom/en/articles/10209786-how-to-make-a-complaint

17.2. We aim to respond to all complaints within 30 business days and will work with you in good faith to resolve any issues.

17.3.  Escalation and Alternative Dispute Resolution

 If your complaint is not resolved to your satisfaction through our internal process, you have the right to escalate your complaint to the Danish Financial Complaints Board (Finanstilsynet) or the relevant national dispute resolution body in your jurisdiction. Additionally, you may use the European Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr.

We aim to resolve all complaints promptly and transparently, typically within 30 business days, in line with applicable e-money and Crypto Asset Service Provider (CASP) regulatory requirements. Utilizing these alternative dispute resolution mechanisms does not affect your right to seek judicial remedies.

18. Limitation of Liability

18.1. To the maximum extent permitted by applicable law, Swapped, its officers, directors, employees, agents, partners, and service providers shall not be liable for any:

 18.1.1. Indirect, incidental, special, punitive, exemplary, or consequential damages, including without limitation lost profits, loss of business opportunity, loss of goodwill, or reputation damage;

 18.1.2. Loss of profits, business, revenue, opportunity, or goodwill;

 18.1.3. Loss or corruption of data or user content;

 18.1.4. Third-party claims, including regulatory actions or enforcement, and other claims by third parties arising from your use of the Services;

 18.1.5. Damages arising from:

  (a) User error (e.g., incorrect wallet address or transaction details),

  (b) Delays or failures of blockchain networks,

  (c) Loss of access to wallets or private keys,

  (d) Sanction-related restrictions or frozen funds.

18.2. The total liability of Swapped for any single incident or event shall not exceed the total fees paid by the User to Swapped in connection with the transaction(s) that gave rise to the claim.

18.3. In any event, Swapped’s total cumulative liability arising out of or relating to these Terms or the Services shall not exceed the total fees paid by the User to Swapped in the three (3) months preceding the claim.

18.4. These limitations apply regardless of the theory of liability—whether in contract, tort, negligence, warranty, strict liability, or otherwise—and whether or not Swapped was advised of the possibility of such damages.

18.5. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not fully apply.

` 18A. User Indemnification

You agree to indemnify, defend, and hold harmless Swapped, its affiliates, subsidiaries, directors, officers, employees, agents, and service providers from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
 (a) Your use or misuse of the Services;
 (b) Your breach of these Terms or any applicable law or regulation;
 (c) Any false, inaccurate, or misleading information you provide to Swapped;
    (d) Your violation of the rights of any third party, including privacy, intellectual property, or proprietary rights; or
 (e) The use of your account by any third party, whether or not authorized by you.

This indemnification obligation does not apply to the extent that any claim or loss results directly from Swapped’s gross negligence or willful misconduct, as determined by a final judgment of a court of competent jurisdiction. This indemnification survives termination of your account or these Terms.

18B. Limitation of Liability

18B.1. No Delivery of Digital Assets as Damages: Under no circumstances will Swapped be required to deliver digital assets as damages or be subject to specific performance remedies related to digital assets.

18B.2. Lowest Value Calculation: Any calculation of damages based on the value of digital assets shall use the lowest value of the applicable digital asset during the period between the accrual of the claim and the award of damages.

18B.3. Crypto-Specific Force Majeure: Swapped shall not be liable for any damages, losses, or claims arising, directly or indirectly, from:
 (a) The malfunction or unintended function of blockchain or cryptocurrency networks, including but not limited to forks, replay attacks, double-spend attacks, Sybil attacks, 51% attacks, governance disputes, changes in cryptography or consensus rules, mining difficulties, hacking, or cybersecurity breaches;
 (b) Changes in the value of any cryptocurrency or digital asset;
 (c) Changes in law, regulation, or governmental policy;
  (d) Force majeure events including acts of God, natural disasters, wars, terrorism, labor disputes, internet outages, cyberattacks, strikes, or government actions;
 (e) Failure, interruption, delay, or unavailability of external systems, blockchain networks, third-party services, or telecommunications.

18B.4. Liability Cap: To the fullest extent permitted by applicable law, Swapped’s aggregate liability for any single incident or claim shall not exceed the lesser of (a) EUR 50,000 (or equivalent in local currency), or (b) the total fees paid by you to Swapped in the three (3) months preceding the claim.

18B.5. Consequential Damages Waiver: Except as prohibited by applicable law, neither party shall be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to lost profits, business interruption, loss of goodwill, or loss of data.

18B.6. Consumer Protections: Nothing in this Section limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by law. For EU consumers and other applicable jurisdictions, certain statutory rights may apply which cannot be waived. This limitation of liability is subject to such mandatory legal protections.

18B.7. Scope of Limitations: These limitations apply regardless of the legal theory of liability, whether in contract, tort, negligence, strict liability, or otherwise, and even if Swapped was advised of the possibility of such damages. Where any provision is prohibited or unenforceable under applicable law, it shall be severed or modified to the minimum extent necessary to comply with such law.

18C. Consumer Rights (European Union)

If you are a consumer using Swapped’s Services within the European Union, you have specific statutory rights under EU consumer protection laws that cannot be waived or limited by these Terms. These include, but are not limited to:

 18C.1. The right to receive services that are provided with reasonable care and skill in accordance with applicable law.

 18C.2. The right to remedies such as repair, replacement, or refund if the services do not conform to applicable legal standards.

 18C.3. The right to withdraw from certain contracts within a prescribed cooling-off period, where such rights apply and are not excluded by law.

 18C.4. These Terms do not limit or exclude Swapped’s liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

 18C.5. You have the right to seek redress through consumer protection authorities or approved alternative dispute resolution bodies in your Member State.

This summary is provided for informational purposes only and does not replace your full legal rights under EU consumer protection legislation.

19. Dispute Resolution

19.1 Informal Resolution Swapped encourages you to contact us first if you have any concerns or disputes regarding the Services. We will make reasonable efforts to resolve any issues amicably and promptly.

19.2 Arbitration (Non-Consumer Users Only)
For Users who are not consumers under applicable law, any disputes, controversies, or claims arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be finally resolved by binding arbitration under the rules of (an internationally recognized arbitration institution, e.g., ICC or DIA). The place of arbitration shall be Denmark, and the language shall be English. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

19.3 Consumer Rights and Exceptions
If you are a consumer residing in the European Union or any jurisdiction where consumer protection laws apply, you have the right to bring claims before the competent courts and are not required to arbitrate disputes. This Section 18 will not limit any mandatory consumer rights provided under applicable law.

19.4 No Waiver of Collective Rights
Users retain any rights to participate in collective or representative proceedings where permitted by law. Nothing in this agreement limits such rights.

19.5 Injunctive Relief
Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction to protect intellectual property, confidential information, or other rights requiring immediate protection.

19.6 Severability
If any part of this dispute resolution provision is found unenforceable under applicable law, the remainder will remain in effect to the fullest extent permitted.

20. Governing Law and Dispute Resolution

20.1. These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Denmark, without regard to conflict of law principles, unless mandatory consumer protection or other local laws in your jurisdiction require otherwise.

20.2. Nothing in these Terms affects your rights as a consumer under applicable mandatory local laws in your jurisdiction.

20.2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Copenhagen District Court, unless otherwise required by applicable mandatory consumer protection laws in your jurisdiction, which may allow you to bring proceedings in your local courts.

20.3. Users residing in the EU may also submit unresolved disputes to the European Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/odr.

21. General Provisions
21.1. Entire Agreement: These Terms, along with the Privacy Policy and any other referenced policies, constitute the entire agreement between you and Swapped regarding the Services.
21.2. Third-Party Content Disclaimer: In connection with using the Services, you may access or view content or services provided by third parties, including links to web pages and services of such parties (“Third-Party Content”). Swapped does not control, endorse, or adopt any Third-Party Content and has no responsibility for Third-Party Content, including without limitation material that may be inaccurate, misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in your jurisdiction. Your interactions, dealings, or correspondence with such third parties are solely between you and the third party, and Swapped is not responsible or liable for any loss or damage incurred as a result of any such dealings or your use of Third-Party Content, which is at your own risk.
21.3. Assignment: You may not assign these Terms without prior written consent. Swapped may assign these Terms without restriction.
21.4. No Waiver: Failure to enforce any right or provision shall not be deemed a waiver of such right.
21.5. Severability: If any provision is held to be invalid or unenforceable, the remainder of these Terms shall continue in full force and effect.
21.6. Force Majeure: Swapped shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, Internet disruptions, regulatory changes, or cyberattacks.
21.7. Notices: You agree that all communications and notices may be delivered electronically via the Swapped platform or your registered email.
21.8. Confidentiality: While using our Services, you may obtain or otherwise become aware of confidential, proprietary, or sensitive information about Swapped (“Confidential Information”). You agree to use Confidential Information solely to exercise your rights or perform your obligations under these Terms. You will hold Confidential Information in strict confidence, will take reasonable measures to protect it from unauthorized access or disclosure, and will not copy, reverse engineer, or remove proprietary markings from any Confidential Information. You may disclose Confidential Information only to legal, governmental, or regulatory authorities if required by applicable law, and, where legally permissible, you agree to notify Swapped of such disclosure promptly.
21.9. Independent Contractors: You and Swapped are independent contractors with respect to the subject matter of these Terms. Nothing contained in these Terms will be construed as creating any partnership, joint venture, agency, franchise, or employment relationship between you and Swapped. Neither party has any authority to act on behalf of the other or to bind the other in any manner.

22. Modifications and Amendments
22.1. Swapped reserves the right to modify or amend these Terms at any time by posting the updated version on the Site. Changes will take effect upon posting, and continued use of the Services constitutes acceptance of the updated Terms. If you do not agree with the modifications, your sole remedy is to cease using the Services and close your Account.

23. Applicable AML/CFT Laws, Regulations, and Authorities

Swapped complies with all applicable anti-money laundering (AML), counter-terrorist financing (CFT), sanctions, and financial crime prevention laws and regulations relevant to its operations and the jurisdictions in which it provides services. The following non-exhaustive list identifies the primary frameworks and authorities applicable to Swapped’s AML/CFT compliance:

23.1. European Union (EU)

Laws and Regulations:

• Directive (EU) 2015/849 (4th Anti-Money Laundering Directive)

• Directive (EU) 2018/843 (5th Anti-Money Laundering Directive)

• Directive (EU) 2019/1153 (Access to Financial and Other Information)

• Regulation (EU) 2023/1113 (TFR Regulation)

• Regulation (EU) 2023/1114 (MiCA)

• EU Sanctions Regulations (including Council Regulations implementing restrictive measures)

• General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) for KYC-related data processing

Authorities:

• European Banking Authority (EBA)

• European Commission

• European Union Council

• Financial Intelligence Units of EU member states

• United Nations Security Council (UNSC) – for sanctions as implemented within the EU

23.2. Kingdom of Norway

Laws and Regulations:

• Norwegian Anti-Money Laundering Act (Hvitvaskingsloven)

• Anti-Money Laundering Regulations (Hvitvaskingsforskriften)

• Relevant EU AML Directives under the EEA Agreement

• Norwegian Sanctions Act (Sanksjonsloven) and regulations

Authorities:

• Norwegian Financial Supervisory Authority (Finanstilsynet)

• Økokrim (Norwegian National Authority for Investigation and Prosecution of Economic and Environmental Crime)

• Norwegian Ministry of Foreign Affairs

23.3. Canada

Laws and Regulations:

• Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA)

• Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (PCMLTFR)

• United Nations Act and related sanctions regulations

• Special Economic Measures Act (SEMA) and regulations

Authorities:

• Financial Transactions and Reports Analysis Centre of Canada (FINTRAC)

• Global Affairs Canada

• Royal Canadian Mounted Police (RCMP)

• Office of the Superintendent of Financial Institutions (OSFI)

23.4. Australia

Laws and Regulations:

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act)

• AML/CTF Rules Instrument 2007 (No. 1)

• Autonomous Sanctions Act 2011 and related regulations

• United Nations Security Council sanctions implemented under Australian law

Authorities:

• Australian Transaction Reports and Analysis Centre (AUSTRAC)

• Australian Department of Foreign Affairs and Trade (DFAT)

• Australian Federal Police (AFP)

23.5. Kingdom of Denmark

Laws and Regulations:

• Danish Anti-Money Laundering Act (Hvidvaskloven) (Act No. 651 of 8 June 2017 and subsequent amendments)

• Relevant EU AML Directives and Regulations as implemented under Danish law

• Danish implementation of EU and UN sanctions regulations

Authorities:

• Danish Financial Supervisory Authority (Finanstilsynet)

• State Prosecutor for Serious Economic and International Crime (SØIK)

• Danish Ministry of Foreign Affairs

23.6. Updates

This Section may be updated periodically to reflect changes in applicable laws, regulations, and Swapped’s compliance frameworks. If you have any questions regarding updates to our Terms of Use, please contact us at admin@swapped.com.