User Terms of Use (Swapped Pay)
Effective July 21, 2025
These Terms of Use (“Terms”) create a legally binding agreement between you (the “End User”) and Swapped ApS, a company incorporated in Denmark under Company No. 42865397, with its registered address at Rosbjergvej 22A, 8220, Brabrand, Denmark (referred to as “Swapped,” “we,” “us,” or “our”). These Terms govern your use of Swapped Pay, including its checkout widget, user interface, and any related support services connected to your use of Swapped Pay to facilitate cryptocurrency transactions to Merchants.
Swapped offers Swapped Pay, a cryptocurrency payment processing solution that enables End Users to make payments using supported cryptocurrencies to merchants who have integrated Swapped Pay into their websites or platforms.
In these Terms, “Swapped” refers to Swapped ApS and its affiliated or associated entities, as well as their respective owners, directors, officers, employees, agents, subsidiaries, and any third-party service providers they may engage, unless otherwise indicated herein.
By checking the acceptance box, clicking “Pay,” or otherwise using Swapped Pay, you agree to be bound by these Terms, our Privacy Policy, and any other policies or notices we may publish from time to time. Unless otherwise indicated, any changes to these Terms will take effect immediately upon being posted. Your continued use of Swapped Pay after the effective date of any changes constitutes your acceptance of those changes.
Acceptance of Terms (Click-Wrap)
By using Swapped Pay to make a cryptocurrency payment to a merchant, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not use Swapped Pay.
If you do not agree to these Terms of Use, do not use Swapped Pay.
1. Definitions
In these Terms of Use, capitalized terms shall have the following meaning:
1.1. AML/CTF Laws: Refers to applicable anti-money laundering and counter-terrorist financing laws and regulations to which Swapped is subject, including but not limited to the Danish Act on Measures to Prevent Money Laundering and Terrorist Financing, relevant EU directives, and applicable U.S., Canadian, or Australian AML/CTF laws.
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. 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).
1.4. End User: A person who uses Swapped Pay to initiate a cryptocurrency payment to a Merchant.
1.5. Fiat Currency: Government-issued currency designated as legal tender in the United States or another recognized country.
1.6. Funds: Collectively, Fiat Currency and Virtual Currency involved in a Transaction using Swapped Pay.
1.7. Merchant: A business, vendor, or service provider that has integrated Swapped Pay into its website or platform to accept cryptocurrency payments from End Users.
1.8. 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).
1.9. Privacy Laws: All applicable laws and regulations relating to privacy, confidentiality, data protection, or the handling of Personal Data, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and equivalent laws in jurisdictions where Swapped operates.
1.10. Product: Swapped Pay is a cryptocurrency payment processing service that enables End Users to make payments to Merchants using supported Virtual Currencies.
1.11. Provider Website: The official Swapped website at https://swapped.com/.
1.12. Services: The Swapped Pay platform and related tools, including its payment widget, interface, and support services, are used to facilitate Transactions between End Users and Merchants.
1.13. Transaction: A transfer of supported Virtual Currency initiated by an End User from their wallet or exchange account to a Merchant via Swapped Pay.
1.14. Wallet: A blockchain address or account controlled by the End User, used to send Virtual Currency to a Merchant through Swapped Pay.
1.15. Widget: The stand-alone Swapped Pay interface embedded on a Merchant’s website or platform that enables End Users to initiate cryptocurrency payments.
1.16. Third Party: Any individual, organization, service provider, or entity other than Swapped, the End User, or the Merchant, unless stated otherwise.
1.17. Where the context requires, words denoting the singular shall include the plural and vice versa.
2. Entity and Service Scope
2.1 Swapped Pay is a cryptocurrency payment processing service offered by Swapped ApS, a company incorporated in Denmark under Company No. 42865397, with its registered address at Rosbjergvej 22A, 8220, Brabrand, Denmark, and may be operated by Swapped ApS or any of its affiliated or associated entities (collectively, “Swapped”). These Terms apply globally to your use of Swapped Pay, regardless of your country of residence.
2.2. Swapped Pay enables you, as an End User, to make payments to participating Merchants using supported Virtual Currencies. Swapped acts solely as a technical intermediary to facilitate the transfer of cryptocurrency from you to the Merchant. Swapped is not a party to the transaction between you and the Merchant and is not responsible for the Merchant’s products, services, or any obligations related to your purchase.
2.3.Swapped does not provide you (as an End User) with a digital wallet, nor does it operate as a cryptocurrency exchange or offer account-based custody services to End Users. All payments are initiated directly from your own wallet or exchange account. While Swapped temporarily receives cryptocurrency to facilitate the payment process, it does so only as a technical intermediary and does not retain your funds beyond the time required to route the payment to the Merchant.
Swapped does not convert cryptocurrency into fiat currency on behalf of End Users, nor does it provide settlement or banking services. Any such services are performed by third-party providers (e.g., wallets, exchanges, or banks) outside of Swapped’s control.
2.4. When you make a payment using Swapped Pay, the cryptocurrency is first transmitted from your wallet or exchange account to a Swapped-controlled wallet address generated specifically for that transaction. This address is not controlled by you or the Merchant.
Swapped temporarily receives the funds to facilitate processing and then forwards them either to:
A Merchant wallet created and hosted by Swapped via Fireblocks, or
A third-party wallet designated by the Merchant, subject to verification.
While Swapped does not offer wallet services to End Users and does not hold your funds beyond the time needed to complete the transfer, you acknowledge and agree that Swapped does intercept and process the transaction in its technical intermediary role.
You are solely responsible for ensuring the accuracy of the payment amount, token, and blockchain network when initiating the transaction.
2.5. Finality of Transactions
Blockchain-based cryptocurrency transactions are generally irreversible once confirmed. Once your payment has been broadcast to the network, it cannot be reversed, canceled, or redirected. Swapped does not offer refunds or transaction reversals and is not responsible for any payments sent in error or to an incorrect wallet address.
2.6. When making a payment using Swapped Pay, you must send the exact amount of cryptocurrency specified on the payment screen and complete the transaction within the time window displayed. Failure to do so may result in the rejection or delay of your payment. Swapped is not responsible for any failed or delayed transactions due to incorrect amounts or expired time windows.
2.7. You are solely responsible for any transaction fees incurred when sending a payment using Swapped Pay. These include blockchain network fees (e.g., miner or gas fees) and any withdrawal fees imposed by your wallet provider or exchange. Swapped does not determine or collect these fees and has no control over them.
2.8 Product Refunds
Swapped does not control or process refunds for products or services. Any such refund is solely at the discretion of the Merchant and may be subject to network fees or the Merchant’s refund policies. You must contact the Merchant directly for any refund related to your order or its fulfillment.
2.9 Refund Limitations for Incorrect or Unsupported Payments
If you send a payment in an unsupported or unrecognized cryptocurrency, Swapped may attempt to refund the amount to your original wallet address or another address you provide. However:
2.9.1 Refunds will be issued minus applicable network fees.
2.9.2 If the cost of refunding exceeds the value of the original payment, or if the asset is not supported (e.g., newly created or obscure tokens), we may be unable to return the funds.
2.9.3 In such cases, the funds will be considered non-recoverable and not subject to refund.
2.9.4. By submitting a wallet address for refund purposes, you represent and warrant that you control that address. Swapped does not independently verify ownership of alternate refund addresses and is not responsible for lost or unrecoverable funds resulting from incorrect, inaccessible, or third-party-controlled wallets.
We strongly recommend checking the payment amount, supported cryptocurrencies, and blockchain network before sending funds. Payments using unsupported tokens, to incorrect or expired addresses, or via incompatible networks may be permanently lost. Swapped does not guarantee recovery and will not be liable for user errors.
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 Pay.
4. Eligibility and Compliance
4.1. To use Swapped Pay, the End User must:
4.1.1. Be at least 18 years old or the legal age required to use financial services in your jurisdiction of residence;
4.1.2. Have full legal capacity to enter into and be bound by these Terms;
4.1.3. Not access or use Swapped Pay from a country or region where such use would violate applicable laws or regulations, including sanctions laws;
4.1.4. Not be subject to sanctions, restrictions, or prohibitions under the laws of your jurisdiction or international regulations.
4.2. Swapped Pay does not require or allow you to create a user account with Swapped. Instead, you authorize transactions directly from your own cryptocurrency wallet or exchange account to a Merchant using the Swapped Pay interface. You must not use false, misleading, or fraudulent information when initiating transactions. You also agree not to authorize payments from wallets owned or controlled by any other person, or to facilitate payments on behalf of third parties.
Swapped reserves the right, in its sole discretion, to request that a Merchant suspend or block your access to Swapped Pay if it determines that you are using the service in violation of these Terms, including by submitting false or misleading payment information or engaging in unauthorized or prohibited activity.
4.3. By using Swapped Pay, you represent and warrant that you meet the eligibility conditions set forth in this Section. Swapped may, in its sole discretion, suspend or terminate your access to Swapped Pay if it suspects that you do not meet these requirements or that your use of the service violates applicable law or these Terms.
4.4. Wallet and Device Security
You are solely responsible for maintaining the security of your connected wallet(s), exchange account(s), device(s), and any authentication methods used in connection with your cryptocurrency transactions through Swapped Pay. This includes safeguarding your private keys, passwords, recovery phrases, and enabling any recommended security settings such as two-factor authentication (2FA).
Swapped is not liable for any unauthorized access to or use of your wallet, exchange account, or device, or for any losses resulting from your failure to secure your digital assets or payment tools.
4.5. Reporting Security Incidents
If you believe that your wallet or exchange account has been compromised, or if an unauthorized transaction has occurred via Swapped Pay, you agree to notify Swapped immediately at support@swapped.com. While Swapped will make reasonable efforts to assist in reviewing such incidents, it does not have custody of your funds and cannot reverse completed blockchain transactions.
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 Pay.
5.3. Data Provision Upon Request
While Swapped does not routinely collect personal data from End Users, we may, in limited circumstances and in accordance with applicable law, request certain information about a transaction from the Merchant. This may include transaction details or identification data the Merchant has collected, solely for the purpose of fulfilling a legal obligation, conducting a compliance review, managing risk, or responding to a valid law enforcement or regulatory request. Any such data received by Swapped will be handled in accordance with our Privacy Policy and applicable data protection laws.
6. Risk Disclosures
6.1. You acknowledge and agree that transactions involving digital assets (cryptocurrencies) are inherently volatile and generally irreversible. The value of digital assets may fluctuate significantly over short periods of time.
6.2. Swapped does not provide investment, financial, tax, legal, or other professional advice. Nothing made available through Swapped Pay should be interpreted as a recommendation or endorsement of any digital asset or transaction. You are solely responsible for evaluating and assuming all risks associated with the use of Swapped Pay.
6.3. Swapped is not responsible for fluctuations in the value of digital assets, delays or congestion on blockchain networks, or any issues relating to the finality, timing, or execution of transactions.
6.4 Consumer Protection Disclaimer
Cryptocurrency payments made using Swapped Pay are not protected under traditional consumer financial protection regimes, including but not limited to chargeback rights, e-money safeguards, or Regulation E under U.S. law. By using Swapped Pay, you acknowledge and agree that you will not have access to such protections for transactions conducted through the platform.
6.5. Taxation
You are solely responsible for determining and complying with any tax obligations that may arise from your use of Swapped Pay, including any reporting or payment obligations in your jurisdiction. Swapped does not provide tax guidance and does not assume responsibility for your tax liabilities.
6.6. No fiduciary, brokerage, advisory, or agency relationship is created between you and Swapped through your use of Swapped Pay. You should consult independent legal, tax, or financial advisors before engaging in cryptocurrency transactions if you are unsure about any risks or obligations.
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, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant laws in jurisdictions where Swapped operates.
7.2. Swapped will collect, receive, use, and disclose Personal Data only as necessary to provide the Services or as required by applicable law. This may include information provided by the Merchant about End User transactions where legally justified.
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. Personnel authorized to process such data are subject to strict confidentiality obligations.
7.4. Swapped’s collection, handling, and processing of Personal Data in connection with Swapped Pay are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Swapped Pay, you acknowledge and agree to the terms of that Privacy Policy.
7.5. Swapped will retain any Personal Data it lawfully collects from or about End Users only for as long as necessary to fulfill the purposes for which it was collected or as required to comply with legal or regulatory obligations.
8. Data Security and Breach Notification
Swapped implements appropriate technical and organizational measures to protect the limited Personal Data it may receive in connection with your use of Swapped Pay. If Swapped becomes aware of any unauthorized access to or disclosure of such Personal Data (a “Data Incident”), Swapped will investigate and notify affected parties in accordance with applicable law.
Please note that Swapped does not operate or control the Merchant’s website, checkout process, or customer data systems. Merchants are solely responsible for the security of any Personal Data they collect directly from you. If you believe your personal data has been compromised, you should contact the Merchant directly in the first instance.
9. Regulatory Compliance and Prohibited Activities
9.1 Swapped Pay, operated by Swapped ApS and its affiliated entities, is subject to applicable international sanctions laws and export control regulations, including those administered by the European Union, United Nations, United States (including the U.S. Department of the Treasury’s Office of Foreign Assets Control), United Kingdom, Canada, and other relevant authorities.
Swapped may suspend or terminate a Merchant’s access to Swapped Pay if required to comply with applicable laws. As a result, the Swapped Pay service may become unavailable to you on the Merchant’s website without prior notice.
9.2 Export Control and Sanctions Compliance
By using Swapped Pay, you represent and warrant that you are not:
(a) Located in, under the control of, or a national or resident of any country or territory that is subject to comprehensive sanctions or embargoes under applicable law, including but not limited to Iran, North Korea, Syria, Cuba, and the Crimea region or
(b) Listed on, or acting on behalf of any party listed on, any government or international restricted party list, including but not limited to the EU Consolidated List of Sanctions, U.S. Specially Designated Nationals (SDN) List, UN Sanctions Lists, or similar lists issued by other competent authorities.
You agree not to use Swapped Pay to engage in any activity that violates applicable export control, sanctions, or financial crime prevention laws. Swapped reserves the right to report any suspected violations to relevant authorities and to take appropriate enforcement action.
9.3. Prohibited and Restricted Uses
You agree not to use Swapped Pay for any illegal, abusive, or high-risk activities. Prohibited uses include, but are 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 investment schemes;
9.3.7. Prostitution or illegal sexual services;
9.3.8. Illegal gambling, betting, or lotteries;
9.3.9. Operating unlicensed financial services, money transmission, or virtual currency exchange activities;
9.3.10. Any activity that violates applicable laws, sanctions, or export controls.
Swapped reserves the right to restrict or terminate your access to Swapped Pay if it determines, in its sole discretion, that your use of the service violates this policy.
9.4. Prohibited Conduct
You agree not to use Swapped Pay to:
(a) Violate or assist in the violation of any applicable law, regulation, or sanctions program;
(b) Interfere with, disrupt, or place undue burden on Swapped’s systems or infrastructure, or introduce any malware, viruses, or harmful code;
(c) Attempt to gain unauthorized access to any part of Swapped Pay or the systems supporting it, or circumvent usage restrictions, network controls, or security mechanisms;
(d) Engage in unauthorized, abusive, fraudulent, or deceptive activity using Swapped Pay;
(e) Use bots, scrapers, automated scripts, or other automated tools to interact with Swapped Pay without express written permission from Swapped.
(f) Encourage or facilitate any third party to engage in conduct that would violate these Terms or applicable law.
9.5. Enforcement Rights
Swapped reserves the right to request that the Merchant restrict or terminate your access to Swapped Pay if Swapped determines, in its sole discretion, that your activity violates these Terms, applicable laws, or Swapped’s compliance obligations. In serious cases, Swapped may also take direct steps to suspend or disable access to Swapped Pay across affected integrations, without prior notice, to protect the integrity of the service.
10. Service Availability and Maintenance
10.1. Swapped will use commercially reasonable efforts to maintain the availability and secure operation of the Swapped Pay service, including its payment widget and backend infrastructure.
10.2. Swapped may temporarily suspend or limit access to Swapped Pay, in whole or in part, for reasons including but not limited to:
(a) Implementation of critical software or system updates;
(b) Application of urgent security patches or updates;
(c) Maintenance work on wallets, servers, or infrastructure used to process transactions;
(d) Resolution of technical issues, system crashes, or other operational incidents;
(e) Downtime or outages affecting third-party services or blockchain networks relied upon by Swapped Pay.
10.3. You acknowledge and agree that Swapped Pay may be unavailable from time to time due to maintenance, upgrades, third-party outages, or other factors outside Swapped’s control. Swapped shall not be liable for any delays, interruptions, or temporary unavailability of the Swapped Pay service, except to the extent caused by Swapped’s gross negligence or willful misconduct.
11. Confidentiality
11.1. Swapped treats any Personal Data or other non-public information it receives in connection with your use of Swapped Pay as confidential. Swapped will use such information solely to provide the Services, fulfill legal or compliance obligations, or as otherwise described in these Terms and Swapped’s Privacy Policy.
11.2. Swapped may disclose your Personal Data or other confidential information to a governmental, supervisory, or judicial authority if required to do so under applicable law, regulation, court order, or valid request from a competent authority. Any such disclosures will be made in accordance with applicable data protection laws and Swapped’s Privacy Policy.
12. Termination
12.1. These Terms take effect when you first access or use Swapped Pay and will remain in effect until terminated in accordance with this section.
12.2. You may stop using Swapped Pay at any time. These Terms will cease to apply once you stop using Swapped Pay.
12.3. Swapped may suspend or terminate your access to Swapped Pay 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 Pay 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 Pay;
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 Pay 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 Pay 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 Pay 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 Pay 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 responsible for any third-party products, services, or your interactions with third-party providers, including Merchants, wallet providers, exchanges, or infrastructure platforms, even if those services are used in connection with Swapped Pay.
14. No Custody Disclaimer
Swapped Pay 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, financial institution, or wallet provider, and does not take custody of your 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 address provided by the Merchant is correct, accessible, and compatible with the asset and blockchain you are using. Swapped is not responsible for any loss of funds resulting from incorrect wallet addresses, loss of access to your wallet or private keys, or use of wallets that are incompatible with the asset or blockchain used.
15. Electronic Communications and Consent
By using Swapped Pay, you agree that Swapped may provide all legally required disclosures, Terms updates, notices, transaction-related information, and compliance communications electronically. Such communications may be delivered via the Swapped Pay interface, through the Merchant’s checkout flow, or by posting updates on Swapped’s official website.
You acknowledge that these communications are considered “in writing” and satisfy any legal requirement that such communications be provided in a written form. You consent to receiving such communications electronically in connection with your use of Swapped Pay, and waive any right to receive them in physical paper form.
This consent is provided in accordance with applicable electronic communications laws, including but not limited to the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the EU eIDAS Regulation, and equivalent laws in your jurisdiction.Swapped may modify or discontinue electronic communications where required by law and will provide notice of such changes through appropriate means.
16. Intellectual Property Rights
16.1. Ownership of Content
All content provided through or used to operate Swapped Pay — including but not limited to software, source code, object code, algorithms, APIs, interfaces, documentation, graphics, logos, designs, text, videos, audio, features, functionalities, and trademarks — is and will remain the exclusive property of Swapped or its licensors. This content is protected by copyright, trademark, trade secret, and other intellectual property laws and international treaties. This content is protected under the intellectual property laws of the European Union and other applicable national and international laws, treaties, and conventions, unless otherwise expressly stated.
16.2. Limited License to End 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 Pay solely for your personal, lawful use in making cryptocurrency payments to Merchants. All rights not expressly granted to you are reserved by Swapped and its licensors.
16.3. Restrictions on Use
You agree not to, and will not permit any third party to:
(a) Copy, modify, create derivative works of, distribute, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any part of Swapped Pay or its content without Swapped’s prior written consent, except as permitted by applicable law;
(b) 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 Pay;
(c) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in Swapped Pay;
(d) Use Swapped Pay in any way that infringes or misappropriates the intellectual property rights of Swapped or any third party;
(e) Access or use Swapped Pay for any competitive analysis, including but not limited to benchmarking, training of AI models, or development of competing services, without Swapped’s express written consent;
(f) Use Swapped Pay or its code, interface, or data in violation of export control laws or intellectual property rights of Swapped or any third party.
16.4. Trademarks
The trademarks, service marks, trade names, logos, and trade dress used in or in connection with Swapped Pay — including “Swapped” and any related designs, marks, or stylizations (“Swapped Marks”) — are the proprietary intellectual property of Swapped or its licensors and are protected by applicable trademark laws and international treaties. You may not use, reproduce, display, distribute, or otherwise exploit the Swapped Marks in any manner without Swapped’s prior written permission. This includes but is not limited to use in advertising, promotion, marketing, domain names, metatags, app names, or social media handles, or in any context that may suggest endorsement, sponsorship, or affiliation with Swapped.
Nothing in these Terms or your use of Swapped Pay grants you any license or right to use the Swapped Marks. Unauthorized use of the Swapped Marks may violate intellectual property laws, unfair competition laws, and other applicable statutes. Swapped reserves all rights to protect and enforce its trademarks and may take legal action to prevent misuse.
16.5. Feedback and Suggestions
If you submit or provide Swapped with any feedback, suggestions, comments, or other input regarding Swapped Pay (“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 Pay may contain or incorporate software, code, or other materials provided by third parties (“Third-Party Materials”), including open-source libraries or SDKs subject to separate license terms. You acknowledge and agree that your use of such Third-Party Materials is governed by the applicable third-party license terms. Swapped disclaims any ownership of or responsibility for such Third-Party Materials and is not liable for any vulnerabilities, licensing issues, or damages arising from your use of them.
16.7. Enforcement and Reservation of Rights
Swapped reserves the right to investigate and take appropriate action in response to suspected violations of this Section, including removing or disabling access to infringing content, suspending user access to Swapped Pay, or pursuing legal remedies. All rights not expressly granted under these Terms are reserved by Swapped and its licensors, including the right to enforce its intellectual property to the fullest extent permitted by law.
16.8. International Enforcement
Swapped may protect and enforce its intellectual property rights in any jurisdiction. You agree that unauthorized use of Swapped Pay or any related intellectual property may subject you to civil and/or criminal liability under local, national, or international laws. Swapped may cooperate with regulatory authorities, law enforcement, and rights holders to investigate and prosecute violations.
17. Complaints and Dispute Resolution
17.1. If you have a complaint related to your use of Swapped Pay — including technical issues with the payment interface 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 must 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 Pay.
17.3. If your complaint is not resolved to your satisfaction, you agree to resolve disputes with Swapped in accordance with the Dispute Resolution procedures outlined in Section 19 of these Terms.
17.4. (EU/EEA Consumers Only)If you reside in the European Union or European Economic Area and your complaint remains unresolved after following our internal complaint process, you may escalate it through the European Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr. This process does not affect your right to pursue judicial remedies in your local courts.
18. Limitation of Liability
18.1. To the fullest extent permitted by law, Swapped, including its officers, directors, employees, agents, affiliates, partners, and service providers, shall not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes, but is not limited to, lost profits, lost revenue, lost data, loss of goodwill, business interruption, reputational harm, or other intangible losses arising out of or related to your use of, inability to use, or unavailability of Swapped Pay, even if Swapped was advised of the possibility of such damages.
18.2. Swapped shall not be liable for any damages, losses, or claims resulting from:
(a) Malfunctions, forks, delays, or vulnerabilities of any blockchain or cryptocurrency network;
(b) Fluctuations in the price or value of any digital asset;
(c) Failures, congestion, or downtime on blockchain networks or crypto infrastructure;
(d) Regulatory restrictions, sanctions, or frozen funds beyond Swapped’s control;
(e) Force majeure events, including but not limited to natural disasters, cyberattacks, wars, terrorism, labor disputes, internet outages, government action, or events outside Swapped’s reasonable control;
(f) The failure, delay, or inaccuracy of external systems, wallet providers, payment processors, exchanges, or telecommunications networks.
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, unauthorized access, data breaches, malware, or tampering involving your use of Swapped Pay or related systems.
18.4. In no event shall Swapped’s total cumulative liability to you arising out of or relating to these Terms or your use of Swapped Pay exceed the lesser of (a) one hundred U.S. dollars (USD $100) or (b) the value of the relevant transaction, 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 liability is asserted — whether in contract, tort, negligence, strict liability, warranty, or otherwise — and even if Swapped was advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not fully apply to you depending on your location.
18A. No Digital Asset Remedies
18A.1. Under no circumstances will Swapped be required to deliver digital assets as damages, or be compelled to provide specific performance remedies involving cryptocurrency or digital assets.
18A.2. Where damages are to be calculated based on the value of digital assets, the lowest market value of the applicable asset between the date the claim arose and the date of judgment or award shall be used.
18B. Additional Crypto Risk Disclaimers
18B.1. Swapped shall not be liable for any losses or damages arising, directly or indirectly, from:
(a) The malfunction, fork, replay attack, double-spend attack, Sybil attack, 51% attack, governance dispute, cryptographic failure, or consensus breakdown in any blockchain network;
(b) Legal or regulatory changes affecting cryptocurrency transactions or related services;
(c) Security vulnerabilities inherent to blockchain technology, including smart contract bugs or exploits;
(d) Changes in mining activity, token economics, or staking mechanisms affecting network behavior or fees;
(e) Failure or disruption of third-party wallets, exchanges, network nodes, or internet services on which Swapped Pay may depend.
18C. Mandatory Legal Protections and Severability
18C.1. Nothing in these Terms shall exclude or limit Swapped’s liability where such exclusion or limitation is prohibited by applicable law. This includes liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
18C.2. If any provision of this Section 18 is found to be invalid or unenforceable in a particular jurisdiction, such provision shall be modified or severed to the extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
18D. EU Consumer Protection Notice (Informational Only)
18D.1. If you are a consumer residing in the European Union, you have specific statutory rights under EU consumer protection laws that cannot be excluded or waived by contract. These may include:
(a) The right to receive services with reasonable care and skill;
(b) The right to remedies such as repair, replacement, or refund where applicable;
(c) The right to lodge complaints with national consumer protection authorities or escalate disputes through the ODR platform;
(d) The right to bring legal proceedings in the courts of your country of residence.
18D.2. This section is for informational purposes only and does not modify or waive any legal protections you may have under applicable law.
19. Dispute Resolution and Arbitration Agreement
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. Section 19 will not limit any mandatory consumer rights provided under applicable law.
19.4. Confidentiality
All arbitration proceedings, filings, communications, and awards shall remain confidential to the extent permitted by law, unless disclosure is required by law or regulatory authority.
19.5. Waiver of Class and Representative Actions
To the fullest extent permitted by applicable law, you agree that any claims or disputes with Swapped will be resolved on an individual basis and that you will not participate in any class, collective, consolidated, or representative proceeding. This waiver does not apply where prohibited by law or where such a waiver would render this provision unenforceable.
19.6. Injunctive Relief
Nothing in this Section limits either party’s right to seek injunctive or equitable relief in a court of competent jurisdiction, including to protect intellectual property, confidential information, or rights requiring urgent legal action.
19.7. Severability
If any part of this Dispute Resolution section is held to be invalid or unenforceable under applicable law, that part will be severed, and the remainder will continue in full force and effect to the extent permitted by law.
19.9. Limitation on Claims
To the extent permitted by applicable law, any claim or cause of action arising out of or relating to your use of Swapped Pay must be brought within one (1) year after it arises. This limitation does not apply where a longer period is required by applicable law.
20. Governing Law and Jurisdiction
20.1. Governing Law
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. Consumer Rights
Nothing in these Terms affects your rights as a consumer under applicable mandatory local laws in your jurisdiction.
20.3. Jurisdiction
Subject to applicable consumer protection laws, any dispute arising out of or in connection with these Terms shall be subject to the jurisdiction of the Copenhagen District Court in Denmark. If your local laws require, you may also bring claims in the courts of your country of residence.
20.4. EU Online Dispute Resolution (ODR)
If you reside in the European Union, you may submit unresolved disputes for online resolution via the European Commission's ODR platform at: https://ec.europa.eu/odr
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 Pay and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
21.2. Third-Party Content Disclaimer
Swapped Pay 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 Pay 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 Pay.
Effective July 21, 2025
These Terms of Use (“Terms”) create a legally binding agreement between you (the “End User”) and Swapped ApS, a company incorporated in Denmark under Company No. 42865397, with its registered address at Rosbjergvej 22A, 8220, Brabrand, Denmark (referred to as “Swapped,” “we,” “us,” or “our”). These Terms govern your use of Swapped Pay, including its checkout widget, user interface, and any related support services connected to your use of Swapped Pay to facilitate cryptocurrency transactions to Merchants.
Swapped offers Swapped Pay, a cryptocurrency payment processing solution that enables End Users to make payments using supported cryptocurrencies to merchants who have integrated Swapped Pay into their websites or platforms.
In these Terms, “Swapped” refers to Swapped ApS and its affiliated or associated entities, as well as their respective owners, directors, officers, employees, agents, subsidiaries, and any third-party service providers they may engage, unless otherwise indicated herein.
By checking the acceptance box, clicking “Pay,” or otherwise using Swapped Pay, you agree to be bound by these Terms, our Privacy Policy, and any other policies or notices we may publish from time to time. Unless otherwise indicated, any changes to these Terms will take effect immediately upon being posted. Your continued use of Swapped Pay after the effective date of any changes constitutes your acceptance of those changes.
Acceptance of Terms (Click-Wrap)
By using Swapped Pay to make a cryptocurrency payment to a merchant, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not use Swapped Pay.
If you do not agree to these Terms of Use, do not use Swapped Pay.
1. Definitions
In these Terms of Use, capitalized terms shall have the following meaning:
1.1. AML/CTF Laws: Refers to applicable anti-money laundering and counter-terrorist financing laws and regulations to which Swapped is subject, including but not limited to the Danish Act on Measures to Prevent Money Laundering and Terrorist Financing, relevant EU directives, and applicable U.S., Canadian, or Australian AML/CTF laws.
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. 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).
1.4. End User: A person who uses Swapped Pay to initiate a cryptocurrency payment to a Merchant.
1.5. Fiat Currency: Government-issued currency designated as legal tender in the United States or another recognized country.
1.6. Funds: Collectively, Fiat Currency and Virtual Currency involved in a Transaction using Swapped Pay.
1.7. Merchant: A business, vendor, or service provider that has integrated Swapped Pay into its website or platform to accept cryptocurrency payments from End Users.
1.8. 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).
1.9. Privacy Laws: All applicable laws and regulations relating to privacy, confidentiality, data protection, or the handling of Personal Data, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and equivalent laws in jurisdictions where Swapped operates.
1.10. Product: Swapped Pay is a cryptocurrency payment processing service that enables End Users to make payments to Merchants using supported Virtual Currencies.
1.11. Provider Website: The official Swapped website at https://swapped.com/.
1.12. Services: The Swapped Pay platform and related tools, including its payment widget, interface, and support services, are used to facilitate Transactions between End Users and Merchants.
1.13. Transaction: A transfer of supported Virtual Currency initiated by an End User from their wallet or exchange account to a Merchant via Swapped Pay.
1.14. Wallet: A blockchain address or account controlled by the End User, used to send Virtual Currency to a Merchant through Swapped Pay.
1.15. Widget: The stand-alone Swapped Pay interface embedded on a Merchant’s website or platform that enables End Users to initiate cryptocurrency payments.
1.16. Third Party: Any individual, organization, service provider, or entity other than Swapped, the End User, or the Merchant, unless stated otherwise.
1.17. Where the context requires, words denoting the singular shall include the plural and vice versa.
2. Entity and Service Scope
2.1 Swapped Pay is a cryptocurrency payment processing service offered by Swapped ApS, a company incorporated in Denmark under Company No. 42865397, with its registered address at Rosbjergvej 22A, 8220, Brabrand, Denmark, and may be operated by Swapped ApS or any of its affiliated or associated entities (collectively, “Swapped”). These Terms apply globally to your use of Swapped Pay, regardless of your country of residence.
2.2. Swapped Pay enables you, as an End User, to make payments to participating Merchants using supported Virtual Currencies. Swapped acts solely as a technical intermediary to facilitate the transfer of cryptocurrency from you to the Merchant. Swapped is not a party to the transaction between you and the Merchant and is not responsible for the Merchant’s products, services, or any obligations related to your purchase.
2.3.Swapped does not provide you (as an End User) with a digital wallet, nor does it operate as a cryptocurrency exchange or offer account-based custody services to End Users. All payments are initiated directly from your own wallet or exchange account. While Swapped temporarily receives cryptocurrency to facilitate the payment process, it does so only as a technical intermediary and does not retain your funds beyond the time required to route the payment to the Merchant.
Swapped does not convert cryptocurrency into fiat currency on behalf of End Users, nor does it provide settlement or banking services. Any such services are performed by third-party providers (e.g., wallets, exchanges, or banks) outside of Swapped’s control.
2.4. When you make a payment using Swapped Pay, the cryptocurrency is first transmitted from your wallet or exchange account to a Swapped-controlled wallet address generated specifically for that transaction. This address is not controlled by you or the Merchant.
Swapped temporarily receives the funds to facilitate processing and then forwards them either to:
A Merchant wallet created and hosted by Swapped via Fireblocks, or
A third-party wallet designated by the Merchant, subject to verification.
While Swapped does not offer wallet services to End Users and does not hold your funds beyond the time needed to complete the transfer, you acknowledge and agree that Swapped does intercept and process the transaction in its technical intermediary role.
You are solely responsible for ensuring the accuracy of the payment amount, token, and blockchain network when initiating the transaction.
2.5. Finality of Transactions
Blockchain-based cryptocurrency transactions are generally irreversible once confirmed. Once your payment has been broadcast to the network, it cannot be reversed, canceled, or redirected. Swapped does not offer refunds or transaction reversals and is not responsible for any payments sent in error or to an incorrect wallet address.
2.6. When making a payment using Swapped Pay, you must send the exact amount of cryptocurrency specified on the payment screen and complete the transaction within the time window displayed. Failure to do so may result in the rejection or delay of your payment. Swapped is not responsible for any failed or delayed transactions due to incorrect amounts or expired time windows.
2.7. You are solely responsible for any transaction fees incurred when sending a payment using Swapped Pay. These include blockchain network fees (e.g., miner or gas fees) and any withdrawal fees imposed by your wallet provider or exchange. Swapped does not determine or collect these fees and has no control over them.
2.8 Product Refunds
Swapped does not control or process refunds for products or services. Any such refund is solely at the discretion of the Merchant and may be subject to network fees or the Merchant’s refund policies. You must contact the Merchant directly for any refund related to your order or its fulfillment.
2.9 Refund Limitations for Incorrect or Unsupported Payments
If you send a payment in an unsupported or unrecognized cryptocurrency, Swapped may attempt to refund the amount to your original wallet address or another address you provide. However:
2.9.1 Refunds will be issued minus applicable network fees.
2.9.2 If the cost of refunding exceeds the value of the original payment, or if the asset is not supported (e.g., newly created or obscure tokens), we may be unable to return the funds.
2.9.3 In such cases, the funds will be considered non-recoverable and not subject to refund.
2.9.4. By submitting a wallet address for refund purposes, you represent and warrant that you control that address. Swapped does not independently verify ownership of alternate refund addresses and is not responsible for lost or unrecoverable funds resulting from incorrect, inaccessible, or third-party-controlled wallets.
We strongly recommend checking the payment amount, supported cryptocurrencies, and blockchain network before sending funds. Payments using unsupported tokens, to incorrect or expired addresses, or via incompatible networks may be permanently lost. Swapped does not guarantee recovery and will not be liable for user errors.
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 Pay.
4. Eligibility and Compliance
4.1. To use Swapped Pay, the End User must:
4.1.1. Be at least 18 years old or the legal age required to use financial services in your jurisdiction of residence;
4.1.2. Have full legal capacity to enter into and be bound by these Terms;
4.1.3. Not access or use Swapped Pay from a country or region where such use would violate applicable laws or regulations, including sanctions laws;
4.1.4. Not be subject to sanctions, restrictions, or prohibitions under the laws of your jurisdiction or international regulations.
4.2. Swapped Pay does not require or allow you to create a user account with Swapped. Instead, you authorize transactions directly from your own cryptocurrency wallet or exchange account to a Merchant using the Swapped Pay interface. You must not use false, misleading, or fraudulent information when initiating transactions. You also agree not to authorize payments from wallets owned or controlled by any other person, or to facilitate payments on behalf of third parties.
Swapped reserves the right, in its sole discretion, to request that a Merchant suspend or block your access to Swapped Pay if it determines that you are using the service in violation of these Terms, including by submitting false or misleading payment information or engaging in unauthorized or prohibited activity.
4.3. By using Swapped Pay, you represent and warrant that you meet the eligibility conditions set forth in this Section. Swapped may, in its sole discretion, suspend or terminate your access to Swapped Pay if it suspects that you do not meet these requirements or that your use of the service violates applicable law or these Terms.
4.4. Wallet and Device Security
You are solely responsible for maintaining the security of your connected wallet(s), exchange account(s), device(s), and any authentication methods used in connection with your cryptocurrency transactions through Swapped Pay. This includes safeguarding your private keys, passwords, recovery phrases, and enabling any recommended security settings such as two-factor authentication (2FA).
Swapped is not liable for any unauthorized access to or use of your wallet, exchange account, or device, or for any losses resulting from your failure to secure your digital assets or payment tools.
4.5. Reporting Security Incidents
If you believe that your wallet or exchange account has been compromised, or if an unauthorized transaction has occurred via Swapped Pay, you agree to notify Swapped immediately at support@swapped.com. While Swapped will make reasonable efforts to assist in reviewing such incidents, it does not have custody of your funds and cannot reverse completed blockchain transactions.
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 Pay.
5.3. Data Provision Upon Request
While Swapped does not routinely collect personal data from End Users, we may, in limited circumstances and in accordance with applicable law, request certain information about a transaction from the Merchant. This may include transaction details or identification data the Merchant has collected, solely for the purpose of fulfilling a legal obligation, conducting a compliance review, managing risk, or responding to a valid law enforcement or regulatory request. Any such data received by Swapped will be handled in accordance with our Privacy Policy and applicable data protection laws.
6. Risk Disclosures
6.1. You acknowledge and agree that transactions involving digital assets (cryptocurrencies) are inherently volatile and generally irreversible. The value of digital assets may fluctuate significantly over short periods of time.
6.2. Swapped does not provide investment, financial, tax, legal, or other professional advice. Nothing made available through Swapped Pay should be interpreted as a recommendation or endorsement of any digital asset or transaction. You are solely responsible for evaluating and assuming all risks associated with the use of Swapped Pay.
6.3. Swapped is not responsible for fluctuations in the value of digital assets, delays or congestion on blockchain networks, or any issues relating to the finality, timing, or execution of transactions.
6.4 Consumer Protection Disclaimer
Cryptocurrency payments made using Swapped Pay are not protected under traditional consumer financial protection regimes, including but not limited to chargeback rights, e-money safeguards, or Regulation E under U.S. law. By using Swapped Pay, you acknowledge and agree that you will not have access to such protections for transactions conducted through the platform.
6.5. Taxation
You are solely responsible for determining and complying with any tax obligations that may arise from your use of Swapped Pay, including any reporting or payment obligations in your jurisdiction. Swapped does not provide tax guidance and does not assume responsibility for your tax liabilities.
6.6. No fiduciary, brokerage, advisory, or agency relationship is created between you and Swapped through your use of Swapped Pay. You should consult independent legal, tax, or financial advisors before engaging in cryptocurrency transactions if you are unsure about any risks or obligations.
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, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant laws in jurisdictions where Swapped operates.
7.2. Swapped will collect, receive, use, and disclose Personal Data only as necessary to provide the Services or as required by applicable law. This may include information provided by the Merchant about End User transactions where legally justified.
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. Personnel authorized to process such data are subject to strict confidentiality obligations.
7.4. Swapped’s collection, handling, and processing of Personal Data in connection with Swapped Pay are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Swapped Pay, you acknowledge and agree to the terms of that Privacy Policy.
7.5. Swapped will retain any Personal Data it lawfully collects from or about End Users only for as long as necessary to fulfill the purposes for which it was collected or as required to comply with legal or regulatory obligations.
8. Data Security and Breach Notification
Swapped implements appropriate technical and organizational measures to protect the limited Personal Data it may receive in connection with your use of Swapped Pay. If Swapped becomes aware of any unauthorized access to or disclosure of such Personal Data (a “Data Incident”), Swapped will investigate and notify affected parties in accordance with applicable law.
Please note that Swapped does not operate or control the Merchant’s website, checkout process, or customer data systems. Merchants are solely responsible for the security of any Personal Data they collect directly from you. If you believe your personal data has been compromised, you should contact the Merchant directly in the first instance.
9. Regulatory Compliance and Prohibited Activities
9.1 Swapped Pay, operated by Swapped ApS and its affiliated entities, is subject to applicable international sanctions laws and export control regulations, including those administered by the European Union, United Nations, United States (including the U.S. Department of the Treasury’s Office of Foreign Assets Control), United Kingdom, Canada, and other relevant authorities.
Swapped may suspend or terminate a Merchant’s access to Swapped Pay if required to comply with applicable laws. As a result, the Swapped Pay service may become unavailable to you on the Merchant’s website without prior notice.
9.2 Export Control and Sanctions Compliance
By using Swapped Pay, you represent and warrant that you are not:
(a) Located in, under the control of, or a national or resident of any country or territory that is subject to comprehensive sanctions or embargoes under applicable law, including but not limited to Iran, North Korea, Syria, Cuba, and the Crimea region or
(b) Listed on, or acting on behalf of any party listed on, any government or international restricted party list, including but not limited to the EU Consolidated List of Sanctions, U.S. Specially Designated Nationals (SDN) List, UN Sanctions Lists, or similar lists issued by other competent authorities.
You agree not to use Swapped Pay to engage in any activity that violates applicable export control, sanctions, or financial crime prevention laws. Swapped reserves the right to report any suspected violations to relevant authorities and to take appropriate enforcement action.
9.3. Prohibited and Restricted Uses
You agree not to use Swapped Pay for any illegal, abusive, or high-risk activities. Prohibited uses include, but are 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 investment schemes;
9.3.7. Prostitution or illegal sexual services;
9.3.8. Illegal gambling, betting, or lotteries;
9.3.9. Operating unlicensed financial services, money transmission, or virtual currency exchange activities;
9.3.10. Any activity that violates applicable laws, sanctions, or export controls.
Swapped reserves the right to restrict or terminate your access to Swapped Pay if it determines, in its sole discretion, that your use of the service violates this policy.
9.4. Prohibited Conduct
You agree not to use Swapped Pay to:
(a) Violate or assist in the violation of any applicable law, regulation, or sanctions program;
(b) Interfere with, disrupt, or place undue burden on Swapped’s systems or infrastructure, or introduce any malware, viruses, or harmful code;
(c) Attempt to gain unauthorized access to any part of Swapped Pay or the systems supporting it, or circumvent usage restrictions, network controls, or security mechanisms;
(d) Engage in unauthorized, abusive, fraudulent, or deceptive activity using Swapped Pay;
(e) Use bots, scrapers, automated scripts, or other automated tools to interact with Swapped Pay without express written permission from Swapped.
(f) Encourage or facilitate any third party to engage in conduct that would violate these Terms or applicable law.
9.5. Enforcement Rights
Swapped reserves the right to request that the Merchant restrict or terminate your access to Swapped Pay if Swapped determines, in its sole discretion, that your activity violates these Terms, applicable laws, or Swapped’s compliance obligations. In serious cases, Swapped may also take direct steps to suspend or disable access to Swapped Pay across affected integrations, without prior notice, to protect the integrity of the service.
10. Service Availability and Maintenance
10.1. Swapped will use commercially reasonable efforts to maintain the availability and secure operation of the Swapped Pay service, including its payment widget and backend infrastructure.
10.2. Swapped may temporarily suspend or limit access to Swapped Pay, in whole or in part, for reasons including but not limited to:
(a) Implementation of critical software or system updates;
(b) Application of urgent security patches or updates;
(c) Maintenance work on wallets, servers, or infrastructure used to process transactions;
(d) Resolution of technical issues, system crashes, or other operational incidents;
(e) Downtime or outages affecting third-party services or blockchain networks relied upon by Swapped Pay.
10.3. You acknowledge and agree that Swapped Pay may be unavailable from time to time due to maintenance, upgrades, third-party outages, or other factors outside Swapped’s control. Swapped shall not be liable for any delays, interruptions, or temporary unavailability of the Swapped Pay service, except to the extent caused by Swapped’s gross negligence or willful misconduct.
11. Confidentiality
11.1. Swapped treats any Personal Data or other non-public information it receives in connection with your use of Swapped Pay as confidential. Swapped will use such information solely to provide the Services, fulfill legal or compliance obligations, or as otherwise described in these Terms and Swapped’s Privacy Policy.
11.2. Swapped may disclose your Personal Data or other confidential information to a governmental, supervisory, or judicial authority if required to do so under applicable law, regulation, court order, or valid request from a competent authority. Any such disclosures will be made in accordance with applicable data protection laws and Swapped’s Privacy Policy.
12. Termination
12.1. These Terms take effect when you first access or use Swapped Pay and will remain in effect until terminated in accordance with this section.
12.2. You may stop using Swapped Pay at any time. These Terms will cease to apply once you stop using Swapped Pay.
12.3. Swapped may suspend or terminate your access to Swapped Pay 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 Pay 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 Pay;
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 Pay 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 Pay 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 Pay 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 Pay 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 responsible for any third-party products, services, or your interactions with third-party providers, including Merchants, wallet providers, exchanges, or infrastructure platforms, even if those services are used in connection with Swapped Pay.
14. No Custody Disclaimer
Swapped Pay 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, financial institution, or wallet provider, and does not take custody of your 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 address provided by the Merchant is correct, accessible, and compatible with the asset and blockchain you are using. Swapped is not responsible for any loss of funds resulting from incorrect wallet addresses, loss of access to your wallet or private keys, or use of wallets that are incompatible with the asset or blockchain used.
15. Electronic Communications and Consent
By using Swapped Pay, you agree that Swapped may provide all legally required disclosures, Terms updates, notices, transaction-related information, and compliance communications electronically. Such communications may be delivered via the Swapped Pay interface, through the Merchant’s checkout flow, or by posting updates on Swapped’s official website.
You acknowledge that these communications are considered “in writing” and satisfy any legal requirement that such communications be provided in a written form. You consent to receiving such communications electronically in connection with your use of Swapped Pay, and waive any right to receive them in physical paper form.
This consent is provided in accordance with applicable electronic communications laws, including but not limited to the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the EU eIDAS Regulation, and equivalent laws in your jurisdiction.Swapped may modify or discontinue electronic communications where required by law and will provide notice of such changes through appropriate means.
16. Intellectual Property Rights
16.1. Ownership of Content
All content provided through or used to operate Swapped Pay — including but not limited to software, source code, object code, algorithms, APIs, interfaces, documentation, graphics, logos, designs, text, videos, audio, features, functionalities, and trademarks — is and will remain the exclusive property of Swapped or its licensors. This content is protected by copyright, trademark, trade secret, and other intellectual property laws and international treaties. This content is protected under the intellectual property laws of the European Union and other applicable national and international laws, treaties, and conventions, unless otherwise expressly stated.
16.2. Limited License to End 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 Pay solely for your personal, lawful use in making cryptocurrency payments to Merchants. All rights not expressly granted to you are reserved by Swapped and its licensors.
16.3. Restrictions on Use
You agree not to, and will not permit any third party to:
(a) Copy, modify, create derivative works of, distribute, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any part of Swapped Pay or its content without Swapped’s prior written consent, except as permitted by applicable law;
(b) 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 Pay;
(c) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in Swapped Pay;
(d) Use Swapped Pay in any way that infringes or misappropriates the intellectual property rights of Swapped or any third party;
(e) Access or use Swapped Pay for any competitive analysis, including but not limited to benchmarking, training of AI models, or development of competing services, without Swapped’s express written consent;
(f) Use Swapped Pay or its code, interface, or data in violation of export control laws or intellectual property rights of Swapped or any third party.
16.4. Trademarks
The trademarks, service marks, trade names, logos, and trade dress used in or in connection with Swapped Pay — including “Swapped” and any related designs, marks, or stylizations (“Swapped Marks”) — are the proprietary intellectual property of Swapped or its licensors and are protected by applicable trademark laws and international treaties. You may not use, reproduce, display, distribute, or otherwise exploit the Swapped Marks in any manner without Swapped’s prior written permission. This includes but is not limited to use in advertising, promotion, marketing, domain names, metatags, app names, or social media handles, or in any context that may suggest endorsement, sponsorship, or affiliation with Swapped.
Nothing in these Terms or your use of Swapped Pay grants you any license or right to use the Swapped Marks. Unauthorized use of the Swapped Marks may violate intellectual property laws, unfair competition laws, and other applicable statutes. Swapped reserves all rights to protect and enforce its trademarks and may take legal action to prevent misuse.
16.5. Feedback and Suggestions
If you submit or provide Swapped with any feedback, suggestions, comments, or other input regarding Swapped Pay (“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 Pay may contain or incorporate software, code, or other materials provided by third parties (“Third-Party Materials”), including open-source libraries or SDKs subject to separate license terms. You acknowledge and agree that your use of such Third-Party Materials is governed by the applicable third-party license terms. Swapped disclaims any ownership of or responsibility for such Third-Party Materials and is not liable for any vulnerabilities, licensing issues, or damages arising from your use of them.
16.7. Enforcement and Reservation of Rights
Swapped reserves the right to investigate and take appropriate action in response to suspected violations of this Section, including removing or disabling access to infringing content, suspending user access to Swapped Pay, or pursuing legal remedies. All rights not expressly granted under these Terms are reserved by Swapped and its licensors, including the right to enforce its intellectual property to the fullest extent permitted by law.
16.8. International Enforcement
Swapped may protect and enforce its intellectual property rights in any jurisdiction. You agree that unauthorized use of Swapped Pay or any related intellectual property may subject you to civil and/or criminal liability under local, national, or international laws. Swapped may cooperate with regulatory authorities, law enforcement, and rights holders to investigate and prosecute violations.
17. Complaints and Dispute Resolution
17.1. If you have a complaint related to your use of Swapped Pay — including technical issues with the payment interface 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 must 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 Pay.
17.3. If your complaint is not resolved to your satisfaction, you agree to resolve disputes with Swapped in accordance with the Dispute Resolution procedures outlined in Section 19 of these Terms.
17.4. (EU/EEA Consumers Only)If you reside in the European Union or European Economic Area and your complaint remains unresolved after following our internal complaint process, you may escalate it through the European Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr. This process does not affect your right to pursue judicial remedies in your local courts.
18. Limitation of Liability
18.1. To the fullest extent permitted by law, Swapped, including its officers, directors, employees, agents, affiliates, partners, and service providers, shall not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes, but is not limited to, lost profits, lost revenue, lost data, loss of goodwill, business interruption, reputational harm, or other intangible losses arising out of or related to your use of, inability to use, or unavailability of Swapped Pay, even if Swapped was advised of the possibility of such damages.
18.2. Swapped shall not be liable for any damages, losses, or claims resulting from:
(a) Malfunctions, forks, delays, or vulnerabilities of any blockchain or cryptocurrency network;
(b) Fluctuations in the price or value of any digital asset;
(c) Failures, congestion, or downtime on blockchain networks or crypto infrastructure;
(d) Regulatory restrictions, sanctions, or frozen funds beyond Swapped’s control;
(e) Force majeure events, including but not limited to natural disasters, cyberattacks, wars, terrorism, labor disputes, internet outages, government action, or events outside Swapped’s reasonable control;
(f) The failure, delay, or inaccuracy of external systems, wallet providers, payment processors, exchanges, or telecommunications networks.
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, unauthorized access, data breaches, malware, or tampering involving your use of Swapped Pay or related systems.
18.4. In no event shall Swapped’s total cumulative liability to you arising out of or relating to these Terms or your use of Swapped Pay exceed the lesser of (a) one hundred U.S. dollars (USD $100) or (b) the value of the relevant transaction, 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 liability is asserted — whether in contract, tort, negligence, strict liability, warranty, or otherwise — and even if Swapped was advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not fully apply to you depending on your location.
18A. No Digital Asset Remedies
18A.1. Under no circumstances will Swapped be required to deliver digital assets as damages, or be compelled to provide specific performance remedies involving cryptocurrency or digital assets.
18A.2. Where damages are to be calculated based on the value of digital assets, the lowest market value of the applicable asset between the date the claim arose and the date of judgment or award shall be used.
18B. Additional Crypto Risk Disclaimers
18B.1. Swapped shall not be liable for any losses or damages arising, directly or indirectly, from:
(a) The malfunction, fork, replay attack, double-spend attack, Sybil attack, 51% attack, governance dispute, cryptographic failure, or consensus breakdown in any blockchain network;
(b) Legal or regulatory changes affecting cryptocurrency transactions or related services;
(c) Security vulnerabilities inherent to blockchain technology, including smart contract bugs or exploits;
(d) Changes in mining activity, token economics, or staking mechanisms affecting network behavior or fees;
(e) Failure or disruption of third-party wallets, exchanges, network nodes, or internet services on which Swapped Pay may depend.
18C. Mandatory Legal Protections and Severability
18C.1. Nothing in these Terms shall exclude or limit Swapped’s liability where such exclusion or limitation is prohibited by applicable law. This includes liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
18C.2. If any provision of this Section 18 is found to be invalid or unenforceable in a particular jurisdiction, such provision shall be modified or severed to the extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
18D. EU Consumer Protection Notice (Informational Only)
18D.1. If you are a consumer residing in the European Union, you have specific statutory rights under EU consumer protection laws that cannot be excluded or waived by contract. These may include:
(a) The right to receive services with reasonable care and skill;
(b) The right to remedies such as repair, replacement, or refund where applicable;
(c) The right to lodge complaints with national consumer protection authorities or escalate disputes through the ODR platform;
(d) The right to bring legal proceedings in the courts of your country of residence.
18D.2. This section is for informational purposes only and does not modify or waive any legal protections you may have under applicable law.
19. Dispute Resolution and Arbitration Agreement
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. Section 19 will not limit any mandatory consumer rights provided under applicable law.
19.4. Confidentiality
All arbitration proceedings, filings, communications, and awards shall remain confidential to the extent permitted by law, unless disclosure is required by law or regulatory authority.
19.5. Waiver of Class and Representative Actions
To the fullest extent permitted by applicable law, you agree that any claims or disputes with Swapped will be resolved on an individual basis and that you will not participate in any class, collective, consolidated, or representative proceeding. This waiver does not apply where prohibited by law or where such a waiver would render this provision unenforceable.
19.6. Injunctive Relief
Nothing in this Section limits either party’s right to seek injunctive or equitable relief in a court of competent jurisdiction, including to protect intellectual property, confidential information, or rights requiring urgent legal action.
19.7. Severability
If any part of this Dispute Resolution section is held to be invalid or unenforceable under applicable law, that part will be severed, and the remainder will continue in full force and effect to the extent permitted by law.
19.9. Limitation on Claims
To the extent permitted by applicable law, any claim or cause of action arising out of or relating to your use of Swapped Pay must be brought within one (1) year after it arises. This limitation does not apply where a longer period is required by applicable law.
20. Governing Law and Jurisdiction
20.1. Governing Law
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. Consumer Rights
Nothing in these Terms affects your rights as a consumer under applicable mandatory local laws in your jurisdiction.
20.3. Jurisdiction
Subject to applicable consumer protection laws, any dispute arising out of or in connection with these Terms shall be subject to the jurisdiction of the Copenhagen District Court in Denmark. If your local laws require, you may also bring claims in the courts of your country of residence.
20.4. EU Online Dispute Resolution (ODR)
If you reside in the European Union, you may submit unresolved disputes for online resolution via the European Commission's ODR platform at: https://ec.europa.eu/odr
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 Pay and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
21.2. Third-Party Content Disclaimer
Swapped Pay 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 Pay 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 Pay.
Effective July 21, 2025
These Terms of Use (“Terms”) create a legally binding agreement between you (the “End User”) and Swapped ApS, a company incorporated in Denmark under Company No. 42865397, with its registered address at Rosbjergvej 22A, 8220, Brabrand, Denmark (referred to as “Swapped,” “we,” “us,” or “our”). These Terms govern your use of Swapped Pay, including its checkout widget, user interface, and any related support services connected to your use of Swapped Pay to facilitate cryptocurrency transactions to Merchants.
Swapped offers Swapped Pay, a cryptocurrency payment processing solution that enables End Users to make payments using supported cryptocurrencies to merchants who have integrated Swapped Pay into their websites or platforms.
In these Terms, “Swapped” refers to Swapped ApS and its affiliated or associated entities, as well as their respective owners, directors, officers, employees, agents, subsidiaries, and any third-party service providers they may engage, unless otherwise indicated herein.
By checking the acceptance box, clicking “Pay,” or otherwise using Swapped Pay, you agree to be bound by these Terms, our Privacy Policy, and any other policies or notices we may publish from time to time. Unless otherwise indicated, any changes to these Terms will take effect immediately upon being posted. Your continued use of Swapped Pay after the effective date of any changes constitutes your acceptance of those changes.
Acceptance of Terms (Click-Wrap)
By using Swapped Pay to make a cryptocurrency payment to a merchant, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not use Swapped Pay.
If you do not agree to these Terms of Use, do not use Swapped Pay.
1. Definitions
In these Terms of Use, capitalized terms shall have the following meaning:
1.1. AML/CTF Laws: Refers to applicable anti-money laundering and counter-terrorist financing laws and regulations to which Swapped is subject, including but not limited to the Danish Act on Measures to Prevent Money Laundering and Terrorist Financing, relevant EU directives, and applicable U.S., Canadian, or Australian AML/CTF laws.
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. 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).
1.4. End User: A person who uses Swapped Pay to initiate a cryptocurrency payment to a Merchant.
1.5. Fiat Currency: Government-issued currency designated as legal tender in the United States or another recognized country.
1.6. Funds: Collectively, Fiat Currency and Virtual Currency involved in a Transaction using Swapped Pay.
1.7. Merchant: A business, vendor, or service provider that has integrated Swapped Pay into its website or platform to accept cryptocurrency payments from End Users.
1.8. 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).
1.9. Privacy Laws: All applicable laws and regulations relating to privacy, confidentiality, data protection, or the handling of Personal Data, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and equivalent laws in jurisdictions where Swapped operates.
1.10. Product: Swapped Pay is a cryptocurrency payment processing service that enables End Users to make payments to Merchants using supported Virtual Currencies.
1.11. Provider Website: The official Swapped website at https://swapped.com/.
1.12. Services: The Swapped Pay platform and related tools, including its payment widget, interface, and support services, are used to facilitate Transactions between End Users and Merchants.
1.13. Transaction: A transfer of supported Virtual Currency initiated by an End User from their wallet or exchange account to a Merchant via Swapped Pay.
1.14. Wallet: A blockchain address or account controlled by the End User, used to send Virtual Currency to a Merchant through Swapped Pay.
1.15. Widget: The stand-alone Swapped Pay interface embedded on a Merchant’s website or platform that enables End Users to initiate cryptocurrency payments.
1.16. Third Party: Any individual, organization, service provider, or entity other than Swapped, the End User, or the Merchant, unless stated otherwise.
1.17. Where the context requires, words denoting the singular shall include the plural and vice versa.
2. Entity and Service Scope
2.1 Swapped Pay is a cryptocurrency payment processing service offered by Swapped ApS, a company incorporated in Denmark under Company No. 42865397, with its registered address at Rosbjergvej 22A, 8220, Brabrand, Denmark, and may be operated by Swapped ApS or any of its affiliated or associated entities (collectively, “Swapped”). These Terms apply globally to your use of Swapped Pay, regardless of your country of residence.
2.2. Swapped Pay enables you, as an End User, to make payments to participating Merchants using supported Virtual Currencies. Swapped acts solely as a technical intermediary to facilitate the transfer of cryptocurrency from you to the Merchant. Swapped is not a party to the transaction between you and the Merchant and is not responsible for the Merchant’s products, services, or any obligations related to your purchase.
2.3.Swapped does not provide you (as an End User) with a digital wallet, nor does it operate as a cryptocurrency exchange or offer account-based custody services to End Users. All payments are initiated directly from your own wallet or exchange account. While Swapped temporarily receives cryptocurrency to facilitate the payment process, it does so only as a technical intermediary and does not retain your funds beyond the time required to route the payment to the Merchant.
Swapped does not convert cryptocurrency into fiat currency on behalf of End Users, nor does it provide settlement or banking services. Any such services are performed by third-party providers (e.g., wallets, exchanges, or banks) outside of Swapped’s control.
2.4. When you make a payment using Swapped Pay, the cryptocurrency is first transmitted from your wallet or exchange account to a Swapped-controlled wallet address generated specifically for that transaction. This address is not controlled by you or the Merchant.
Swapped temporarily receives the funds to facilitate processing and then forwards them either to:
A Merchant wallet created and hosted by Swapped via Fireblocks, or
A third-party wallet designated by the Merchant, subject to verification.
While Swapped does not offer wallet services to End Users and does not hold your funds beyond the time needed to complete the transfer, you acknowledge and agree that Swapped does intercept and process the transaction in its technical intermediary role.
You are solely responsible for ensuring the accuracy of the payment amount, token, and blockchain network when initiating the transaction.
2.5. Finality of Transactions
Blockchain-based cryptocurrency transactions are generally irreversible once confirmed. Once your payment has been broadcast to the network, it cannot be reversed, canceled, or redirected. Swapped does not offer refunds or transaction reversals and is not responsible for any payments sent in error or to an incorrect wallet address.
2.6. When making a payment using Swapped Pay, you must send the exact amount of cryptocurrency specified on the payment screen and complete the transaction within the time window displayed. Failure to do so may result in the rejection or delay of your payment. Swapped is not responsible for any failed or delayed transactions due to incorrect amounts or expired time windows.
2.7. You are solely responsible for any transaction fees incurred when sending a payment using Swapped Pay. These include blockchain network fees (e.g., miner or gas fees) and any withdrawal fees imposed by your wallet provider or exchange. Swapped does not determine or collect these fees and has no control over them.
2.8 Product Refunds
Swapped does not control or process refunds for products or services. Any such refund is solely at the discretion of the Merchant and may be subject to network fees or the Merchant’s refund policies. You must contact the Merchant directly for any refund related to your order or its fulfillment.
2.9 Refund Limitations for Incorrect or Unsupported Payments
If you send a payment in an unsupported or unrecognized cryptocurrency, Swapped may attempt to refund the amount to your original wallet address or another address you provide. However:
2.9.1 Refunds will be issued minus applicable network fees.
2.9.2 If the cost of refunding exceeds the value of the original payment, or if the asset is not supported (e.g., newly created or obscure tokens), we may be unable to return the funds.
2.9.3 In such cases, the funds will be considered non-recoverable and not subject to refund.
2.9.4. By submitting a wallet address for refund purposes, you represent and warrant that you control that address. Swapped does not independently verify ownership of alternate refund addresses and is not responsible for lost or unrecoverable funds resulting from incorrect, inaccessible, or third-party-controlled wallets.
We strongly recommend checking the payment amount, supported cryptocurrencies, and blockchain network before sending funds. Payments using unsupported tokens, to incorrect or expired addresses, or via incompatible networks may be permanently lost. Swapped does not guarantee recovery and will not be liable for user errors.
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 Pay.
4. Eligibility and Compliance
4.1. To use Swapped Pay, the End User must:
4.1.1. Be at least 18 years old or the legal age required to use financial services in your jurisdiction of residence;
4.1.2. Have full legal capacity to enter into and be bound by these Terms;
4.1.3. Not access or use Swapped Pay from a country or region where such use would violate applicable laws or regulations, including sanctions laws;
4.1.4. Not be subject to sanctions, restrictions, or prohibitions under the laws of your jurisdiction or international regulations.
4.2. Swapped Pay does not require or allow you to create a user account with Swapped. Instead, you authorize transactions directly from your own cryptocurrency wallet or exchange account to a Merchant using the Swapped Pay interface. You must not use false, misleading, or fraudulent information when initiating transactions. You also agree not to authorize payments from wallets owned or controlled by any other person, or to facilitate payments on behalf of third parties.
Swapped reserves the right, in its sole discretion, to request that a Merchant suspend or block your access to Swapped Pay if it determines that you are using the service in violation of these Terms, including by submitting false or misleading payment information or engaging in unauthorized or prohibited activity.
4.3. By using Swapped Pay, you represent and warrant that you meet the eligibility conditions set forth in this Section. Swapped may, in its sole discretion, suspend or terminate your access to Swapped Pay if it suspects that you do not meet these requirements or that your use of the service violates applicable law or these Terms.
4.4. Wallet and Device Security
You are solely responsible for maintaining the security of your connected wallet(s), exchange account(s), device(s), and any authentication methods used in connection with your cryptocurrency transactions through Swapped Pay. This includes safeguarding your private keys, passwords, recovery phrases, and enabling any recommended security settings such as two-factor authentication (2FA).
Swapped is not liable for any unauthorized access to or use of your wallet, exchange account, or device, or for any losses resulting from your failure to secure your digital assets or payment tools.
4.5. Reporting Security Incidents
If you believe that your wallet or exchange account has been compromised, or if an unauthorized transaction has occurred via Swapped Pay, you agree to notify Swapped immediately at support@swapped.com. While Swapped will make reasonable efforts to assist in reviewing such incidents, it does not have custody of your funds and cannot reverse completed blockchain transactions.
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 Pay.
5.3. Data Provision Upon Request
While Swapped does not routinely collect personal data from End Users, we may, in limited circumstances and in accordance with applicable law, request certain information about a transaction from the Merchant. This may include transaction details or identification data the Merchant has collected, solely for the purpose of fulfilling a legal obligation, conducting a compliance review, managing risk, or responding to a valid law enforcement or regulatory request. Any such data received by Swapped will be handled in accordance with our Privacy Policy and applicable data protection laws.
6. Risk Disclosures
6.1. You acknowledge and agree that transactions involving digital assets (cryptocurrencies) are inherently volatile and generally irreversible. The value of digital assets may fluctuate significantly over short periods of time.
6.2. Swapped does not provide investment, financial, tax, legal, or other professional advice. Nothing made available through Swapped Pay should be interpreted as a recommendation or endorsement of any digital asset or transaction. You are solely responsible for evaluating and assuming all risks associated with the use of Swapped Pay.
6.3. Swapped is not responsible for fluctuations in the value of digital assets, delays or congestion on blockchain networks, or any issues relating to the finality, timing, or execution of transactions.
6.4 Consumer Protection Disclaimer
Cryptocurrency payments made using Swapped Pay are not protected under traditional consumer financial protection regimes, including but not limited to chargeback rights, e-money safeguards, or Regulation E under U.S. law. By using Swapped Pay, you acknowledge and agree that you will not have access to such protections for transactions conducted through the platform.
6.5. Taxation
You are solely responsible for determining and complying with any tax obligations that may arise from your use of Swapped Pay, including any reporting or payment obligations in your jurisdiction. Swapped does not provide tax guidance and does not assume responsibility for your tax liabilities.
6.6. No fiduciary, brokerage, advisory, or agency relationship is created between you and Swapped through your use of Swapped Pay. You should consult independent legal, tax, or financial advisors before engaging in cryptocurrency transactions if you are unsure about any risks or obligations.
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, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant laws in jurisdictions where Swapped operates.
7.2. Swapped will collect, receive, use, and disclose Personal Data only as necessary to provide the Services or as required by applicable law. This may include information provided by the Merchant about End User transactions where legally justified.
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. Personnel authorized to process such data are subject to strict confidentiality obligations.
7.4. Swapped’s collection, handling, and processing of Personal Data in connection with Swapped Pay are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Swapped Pay, you acknowledge and agree to the terms of that Privacy Policy.
7.5. Swapped will retain any Personal Data it lawfully collects from or about End Users only for as long as necessary to fulfill the purposes for which it was collected or as required to comply with legal or regulatory obligations.
8. Data Security and Breach Notification
Swapped implements appropriate technical and organizational measures to protect the limited Personal Data it may receive in connection with your use of Swapped Pay. If Swapped becomes aware of any unauthorized access to or disclosure of such Personal Data (a “Data Incident”), Swapped will investigate and notify affected parties in accordance with applicable law.
Please note that Swapped does not operate or control the Merchant’s website, checkout process, or customer data systems. Merchants are solely responsible for the security of any Personal Data they collect directly from you. If you believe your personal data has been compromised, you should contact the Merchant directly in the first instance.
9. Regulatory Compliance and Prohibited Activities
9.1 Swapped Pay, operated by Swapped ApS and its affiliated entities, is subject to applicable international sanctions laws and export control regulations, including those administered by the European Union, United Nations, United States (including the U.S. Department of the Treasury’s Office of Foreign Assets Control), United Kingdom, Canada, and other relevant authorities.
Swapped may suspend or terminate a Merchant’s access to Swapped Pay if required to comply with applicable laws. As a result, the Swapped Pay service may become unavailable to you on the Merchant’s website without prior notice.
9.2 Export Control and Sanctions Compliance
By using Swapped Pay, you represent and warrant that you are not:
(a) Located in, under the control of, or a national or resident of any country or territory that is subject to comprehensive sanctions or embargoes under applicable law, including but not limited to Iran, North Korea, Syria, Cuba, and the Crimea region or
(b) Listed on, or acting on behalf of any party listed on, any government or international restricted party list, including but not limited to the EU Consolidated List of Sanctions, U.S. Specially Designated Nationals (SDN) List, UN Sanctions Lists, or similar lists issued by other competent authorities.
You agree not to use Swapped Pay to engage in any activity that violates applicable export control, sanctions, or financial crime prevention laws. Swapped reserves the right to report any suspected violations to relevant authorities and to take appropriate enforcement action.
9.3. Prohibited and Restricted Uses
You agree not to use Swapped Pay for any illegal, abusive, or high-risk activities. Prohibited uses include, but are 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 investment schemes;
9.3.7. Prostitution or illegal sexual services;
9.3.8. Illegal gambling, betting, or lotteries;
9.3.9. Operating unlicensed financial services, money transmission, or virtual currency exchange activities;
9.3.10. Any activity that violates applicable laws, sanctions, or export controls.
Swapped reserves the right to restrict or terminate your access to Swapped Pay if it determines, in its sole discretion, that your use of the service violates this policy.
9.4. Prohibited Conduct
You agree not to use Swapped Pay to:
(a) Violate or assist in the violation of any applicable law, regulation, or sanctions program;
(b) Interfere with, disrupt, or place undue burden on Swapped’s systems or infrastructure, or introduce any malware, viruses, or harmful code;
(c) Attempt to gain unauthorized access to any part of Swapped Pay or the systems supporting it, or circumvent usage restrictions, network controls, or security mechanisms;
(d) Engage in unauthorized, abusive, fraudulent, or deceptive activity using Swapped Pay;
(e) Use bots, scrapers, automated scripts, or other automated tools to interact with Swapped Pay without express written permission from Swapped.
(f) Encourage or facilitate any third party to engage in conduct that would violate these Terms or applicable law.
9.5. Enforcement Rights
Swapped reserves the right to request that the Merchant restrict or terminate your access to Swapped Pay if Swapped determines, in its sole discretion, that your activity violates these Terms, applicable laws, or Swapped’s compliance obligations. In serious cases, Swapped may also take direct steps to suspend or disable access to Swapped Pay across affected integrations, without prior notice, to protect the integrity of the service.
10. Service Availability and Maintenance
10.1. Swapped will use commercially reasonable efforts to maintain the availability and secure operation of the Swapped Pay service, including its payment widget and backend infrastructure.
10.2. Swapped may temporarily suspend or limit access to Swapped Pay, in whole or in part, for reasons including but not limited to:
(a) Implementation of critical software or system updates;
(b) Application of urgent security patches or updates;
(c) Maintenance work on wallets, servers, or infrastructure used to process transactions;
(d) Resolution of technical issues, system crashes, or other operational incidents;
(e) Downtime or outages affecting third-party services or blockchain networks relied upon by Swapped Pay.
10.3. You acknowledge and agree that Swapped Pay may be unavailable from time to time due to maintenance, upgrades, third-party outages, or other factors outside Swapped’s control. Swapped shall not be liable for any delays, interruptions, or temporary unavailability of the Swapped Pay service, except to the extent caused by Swapped’s gross negligence or willful misconduct.
11. Confidentiality
11.1. Swapped treats any Personal Data or other non-public information it receives in connection with your use of Swapped Pay as confidential. Swapped will use such information solely to provide the Services, fulfill legal or compliance obligations, or as otherwise described in these Terms and Swapped’s Privacy Policy.
11.2. Swapped may disclose your Personal Data or other confidential information to a governmental, supervisory, or judicial authority if required to do so under applicable law, regulation, court order, or valid request from a competent authority. Any such disclosures will be made in accordance with applicable data protection laws and Swapped’s Privacy Policy.
12. Termination
12.1. These Terms take effect when you first access or use Swapped Pay and will remain in effect until terminated in accordance with this section.
12.2. You may stop using Swapped Pay at any time. These Terms will cease to apply once you stop using Swapped Pay.
12.3. Swapped may suspend or terminate your access to Swapped Pay 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 Pay 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 Pay;
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 Pay 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 Pay 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 Pay 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 Pay 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 responsible for any third-party products, services, or your interactions with third-party providers, including Merchants, wallet providers, exchanges, or infrastructure platforms, even if those services are used in connection with Swapped Pay.
14. No Custody Disclaimer
Swapped Pay 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, financial institution, or wallet provider, and does not take custody of your 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 address provided by the Merchant is correct, accessible, and compatible with the asset and blockchain you are using. Swapped is not responsible for any loss of funds resulting from incorrect wallet addresses, loss of access to your wallet or private keys, or use of wallets that are incompatible with the asset or blockchain used.
15. Electronic Communications and Consent
By using Swapped Pay, you agree that Swapped may provide all legally required disclosures, Terms updates, notices, transaction-related information, and compliance communications electronically. Such communications may be delivered via the Swapped Pay interface, through the Merchant’s checkout flow, or by posting updates on Swapped’s official website.
You acknowledge that these communications are considered “in writing” and satisfy any legal requirement that such communications be provided in a written form. You consent to receiving such communications electronically in connection with your use of Swapped Pay, and waive any right to receive them in physical paper form.
This consent is provided in accordance with applicable electronic communications laws, including but not limited to the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the EU eIDAS Regulation, and equivalent laws in your jurisdiction.Swapped may modify or discontinue electronic communications where required by law and will provide notice of such changes through appropriate means.
16. Intellectual Property Rights
16.1. Ownership of Content
All content provided through or used to operate Swapped Pay — including but not limited to software, source code, object code, algorithms, APIs, interfaces, documentation, graphics, logos, designs, text, videos, audio, features, functionalities, and trademarks — is and will remain the exclusive property of Swapped or its licensors. This content is protected by copyright, trademark, trade secret, and other intellectual property laws and international treaties. This content is protected under the intellectual property laws of the European Union and other applicable national and international laws, treaties, and conventions, unless otherwise expressly stated.
16.2. Limited License to End 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 Pay solely for your personal, lawful use in making cryptocurrency payments to Merchants. All rights not expressly granted to you are reserved by Swapped and its licensors.
16.3. Restrictions on Use
You agree not to, and will not permit any third party to:
(a) Copy, modify, create derivative works of, distribute, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any part of Swapped Pay or its content without Swapped’s prior written consent, except as permitted by applicable law;
(b) 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 Pay;
(c) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in Swapped Pay;
(d) Use Swapped Pay in any way that infringes or misappropriates the intellectual property rights of Swapped or any third party;
(e) Access or use Swapped Pay for any competitive analysis, including but not limited to benchmarking, training of AI models, or development of competing services, without Swapped’s express written consent;
(f) Use Swapped Pay or its code, interface, or data in violation of export control laws or intellectual property rights of Swapped or any third party.
16.4. Trademarks
The trademarks, service marks, trade names, logos, and trade dress used in or in connection with Swapped Pay — including “Swapped” and any related designs, marks, or stylizations (“Swapped Marks”) — are the proprietary intellectual property of Swapped or its licensors and are protected by applicable trademark laws and international treaties. You may not use, reproduce, display, distribute, or otherwise exploit the Swapped Marks in any manner without Swapped’s prior written permission. This includes but is not limited to use in advertising, promotion, marketing, domain names, metatags, app names, or social media handles, or in any context that may suggest endorsement, sponsorship, or affiliation with Swapped.
Nothing in these Terms or your use of Swapped Pay grants you any license or right to use the Swapped Marks. Unauthorized use of the Swapped Marks may violate intellectual property laws, unfair competition laws, and other applicable statutes. Swapped reserves all rights to protect and enforce its trademarks and may take legal action to prevent misuse.
16.5. Feedback and Suggestions
If you submit or provide Swapped with any feedback, suggestions, comments, or other input regarding Swapped Pay (“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 Pay may contain or incorporate software, code, or other materials provided by third parties (“Third-Party Materials”), including open-source libraries or SDKs subject to separate license terms. You acknowledge and agree that your use of such Third-Party Materials is governed by the applicable third-party license terms. Swapped disclaims any ownership of or responsibility for such Third-Party Materials and is not liable for any vulnerabilities, licensing issues, or damages arising from your use of them.
16.7. Enforcement and Reservation of Rights
Swapped reserves the right to investigate and take appropriate action in response to suspected violations of this Section, including removing or disabling access to infringing content, suspending user access to Swapped Pay, or pursuing legal remedies. All rights not expressly granted under these Terms are reserved by Swapped and its licensors, including the right to enforce its intellectual property to the fullest extent permitted by law.
16.8. International Enforcement
Swapped may protect and enforce its intellectual property rights in any jurisdiction. You agree that unauthorized use of Swapped Pay or any related intellectual property may subject you to civil and/or criminal liability under local, national, or international laws. Swapped may cooperate with regulatory authorities, law enforcement, and rights holders to investigate and prosecute violations.
17. Complaints and Dispute Resolution
17.1. If you have a complaint related to your use of Swapped Pay — including technical issues with the payment interface 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 must 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 Pay.
17.3. If your complaint is not resolved to your satisfaction, you agree to resolve disputes with Swapped in accordance with the Dispute Resolution procedures outlined in Section 19 of these Terms.
17.4. (EU/EEA Consumers Only)If you reside in the European Union or European Economic Area and your complaint remains unresolved after following our internal complaint process, you may escalate it through the European Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr. This process does not affect your right to pursue judicial remedies in your local courts.
18. Limitation of Liability
18.1. To the fullest extent permitted by law, Swapped, including its officers, directors, employees, agents, affiliates, partners, and service providers, shall not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes, but is not limited to, lost profits, lost revenue, lost data, loss of goodwill, business interruption, reputational harm, or other intangible losses arising out of or related to your use of, inability to use, or unavailability of Swapped Pay, even if Swapped was advised of the possibility of such damages.
18.2. Swapped shall not be liable for any damages, losses, or claims resulting from:
(a) Malfunctions, forks, delays, or vulnerabilities of any blockchain or cryptocurrency network;
(b) Fluctuations in the price or value of any digital asset;
(c) Failures, congestion, or downtime on blockchain networks or crypto infrastructure;
(d) Regulatory restrictions, sanctions, or frozen funds beyond Swapped’s control;
(e) Force majeure events, including but not limited to natural disasters, cyberattacks, wars, terrorism, labor disputes, internet outages, government action, or events outside Swapped’s reasonable control;
(f) The failure, delay, or inaccuracy of external systems, wallet providers, payment processors, exchanges, or telecommunications networks.
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, unauthorized access, data breaches, malware, or tampering involving your use of Swapped Pay or related systems.
18.4. In no event shall Swapped’s total cumulative liability to you arising out of or relating to these Terms or your use of Swapped Pay exceed the lesser of (a) one hundred U.S. dollars (USD $100) or (b) the value of the relevant transaction, 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 liability is asserted — whether in contract, tort, negligence, strict liability, warranty, or otherwise — and even if Swapped was advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not fully apply to you depending on your location.
18A. No Digital Asset Remedies
18A.1. Under no circumstances will Swapped be required to deliver digital assets as damages, or be compelled to provide specific performance remedies involving cryptocurrency or digital assets.
18A.2. Where damages are to be calculated based on the value of digital assets, the lowest market value of the applicable asset between the date the claim arose and the date of judgment or award shall be used.
18B. Additional Crypto Risk Disclaimers
18B.1. Swapped shall not be liable for any losses or damages arising, directly or indirectly, from:
(a) The malfunction, fork, replay attack, double-spend attack, Sybil attack, 51% attack, governance dispute, cryptographic failure, or consensus breakdown in any blockchain network;
(b) Legal or regulatory changes affecting cryptocurrency transactions or related services;
(c) Security vulnerabilities inherent to blockchain technology, including smart contract bugs or exploits;
(d) Changes in mining activity, token economics, or staking mechanisms affecting network behavior or fees;
(e) Failure or disruption of third-party wallets, exchanges, network nodes, or internet services on which Swapped Pay may depend.
18C. Mandatory Legal Protections and Severability
18C.1. Nothing in these Terms shall exclude or limit Swapped’s liability where such exclusion or limitation is prohibited by applicable law. This includes liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
18C.2. If any provision of this Section 18 is found to be invalid or unenforceable in a particular jurisdiction, such provision shall be modified or severed to the extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
18D. EU Consumer Protection Notice (Informational Only)
18D.1. If you are a consumer residing in the European Union, you have specific statutory rights under EU consumer protection laws that cannot be excluded or waived by contract. These may include:
(a) The right to receive services with reasonable care and skill;
(b) The right to remedies such as repair, replacement, or refund where applicable;
(c) The right to lodge complaints with national consumer protection authorities or escalate disputes through the ODR platform;
(d) The right to bring legal proceedings in the courts of your country of residence.
18D.2. This section is for informational purposes only and does not modify or waive any legal protections you may have under applicable law.
19. Dispute Resolution and Arbitration Agreement
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. Section 19 will not limit any mandatory consumer rights provided under applicable law.
19.4. Confidentiality
All arbitration proceedings, filings, communications, and awards shall remain confidential to the extent permitted by law, unless disclosure is required by law or regulatory authority.
19.5. Waiver of Class and Representative Actions
To the fullest extent permitted by applicable law, you agree that any claims or disputes with Swapped will be resolved on an individual basis and that you will not participate in any class, collective, consolidated, or representative proceeding. This waiver does not apply where prohibited by law or where such a waiver would render this provision unenforceable.
19.6. Injunctive Relief
Nothing in this Section limits either party’s right to seek injunctive or equitable relief in a court of competent jurisdiction, including to protect intellectual property, confidential information, or rights requiring urgent legal action.
19.7. Severability
If any part of this Dispute Resolution section is held to be invalid or unenforceable under applicable law, that part will be severed, and the remainder will continue in full force and effect to the extent permitted by law.
19.9. Limitation on Claims
To the extent permitted by applicable law, any claim or cause of action arising out of or relating to your use of Swapped Pay must be brought within one (1) year after it arises. This limitation does not apply where a longer period is required by applicable law.
20. Governing Law and Jurisdiction
20.1. Governing Law
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. Consumer Rights
Nothing in these Terms affects your rights as a consumer under applicable mandatory local laws in your jurisdiction.
20.3. Jurisdiction
Subject to applicable consumer protection laws, any dispute arising out of or in connection with these Terms shall be subject to the jurisdiction of the Copenhagen District Court in Denmark. If your local laws require, you may also bring claims in the courts of your country of residence.
20.4. EU Online Dispute Resolution (ODR)
If you reside in the European Union, you may submit unresolved disputes for online resolution via the European Commission's ODR platform at: https://ec.europa.eu/odr
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 Pay and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
21.2. Third-Party Content Disclaimer
Swapped Pay 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 Pay 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 Pay.
Legal
Support
Write to us at support@swapped.com and we'll respond within 12 hours.
Company
Swapped ApS
Registration no: 42865397
Rosbjergvej 22A, 8220 Brabrand, Denmark
Join our community
Copyright 2025 Swapped ApS. All rights reserved.
Swapped ApS is registered with the Danish Financial Supervisory Authority.
Swapped ApS is registered with Fintrac Canada as a Money Service Business.
Swapped ApS is registered with the Australian Securities & Investments Commission.
Swapped ApS NUF is registered with the Financial Supervisory Authority of Norway.
Swapped ApS is registered with FinCEN as a Money Service Business.
Legal
Support
Write to us at support@swapped.com and we'll respond within 12 hours.
Company
Swapped ApS
Registration no: 42865397
Rosbjergvej 22A, 8220 Brabrand, Denmark
Join our community
Copyright 2025 Swapped ApS. All rights reserved.
Swapped ApS is registered with the Danish Financial Supervisory Authority.
Swapped ApS is registered with Fintrac Canada as a Money Service Business.
Swapped ApS is registered with the Australian Securities & Investments Commission.
Swapped ApS is registered with the Financial Supervisory Authority of Norway.
Swapped ApS is registered with FinCEN as a Money Service Business.
Legal
Join our community
Support
Write to us at support@swapped.com and we'll respond within 12 hours.
Company
Swapped ApS
Registration no: 42865397
Rosbjergvej 22A, 8220 Brabrand, Denmark
Copyright 2025 Swapped ApS. All rights reserved.
Swapped ApS is under supervision by the Danish Financial Supervisory Authority.
Swapped ApS is registered with Fintrac Canada as a Money Service Business.
Swapped ApS is registered with the Australian Securities & Investments Commission.
Swapped ApS is registered with the Financial Supervisory Authority of Norway.
Swapped ApS is registered with FinCEN as a Money Service Business.