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Terms of Use (USA)

These Terms of Use create a legally binding agreement between you (the “User”) and Swappedcom Inc. (hereinafter referred to as “Swapped,” “we,” “us,” or “our”), a company incorporated in Delaware, under   EIN Number: 38-4342884, with a registered address at 100 Summer Street, Suite 1600 Boston, Massachusetts, 02110, governing the User’s use of this website, as well as any services, products, and content provided by Swapped in the United States.   

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

Please carefully review these Terms of Use before accessing the Site or using our services, products, or content. By accessing or using the Swapped website or platform, you agree to comply with and be bound by these Terms, our Privacy Policy, and any other policies or notices we publish from time to time. Unless specifically indicated otherwise, any change will take effect immediately when the revised Agreement is posted. Your use of the Services after the effective date of a change to this Agreement means you have read and accepted these changes.

If you do not agree to these Terms of Use, do not access the Site or use the Services.

1. Definitions

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

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

1.2. AML/CTF Laws: Refers to applicable United States laws and regulations related to anti-money laundering and counter-terrorist financing, including but not limited to the Bank Secrecy Act, the USA PATRIOT Act, and regulations enforced by the Financial Crimes Enforcement Network (FinCEN). A full list of applicable laws and regulations can be found in Section 23.

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

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

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

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

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

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

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

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

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

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

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

1.14. Site: The official Swapped.com website or any related subdomains used to deliver Swappedcom Inc. Services to U.S. users.

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

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

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

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

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

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

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

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

2. Entity and Service Scope

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

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

        EIN Number: 38-4342884

  100 Summer Street, Suite 1600

  Boston, Massachusetts, 02110

2.2. These Terms apply only to Users physically located in the United States and using the Services from one of the U.S. states in which Swappedcom Inc. is authorized to operate. A current list of supported states and any applicable license numbers is available on our website.

2.3. Users outside the United States or in unsupported U.S. states are not authorized to use the Services offered by Swappedcom Inc. and should instead refer to the applicable Terms of Use governing other Swapped entities.

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

3. Eligibility and Compliance

3.1. To use the Services, you must:

3.1.2 Be at least 18 years old;

3.1.3 Reside in a U.S. state where Swappedcom Inc. is licensed or otherwise authorized to operate;

3.1.4 Have full legal capacity to enter into this agreement;

3.1.5 Not be subject to U.S. sanctions or prohibited from using financial services under U.S. law.

3.2. By using the Services, you represent and warrant that all of the above conditions are met. Swapped may, at any time and in its sole discretion, suspend or terminate your access to the Services if it suspects non-compliance.

4. Description of Services

4.1. Swappedcom Inc. provides a platform that enables Users to:

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

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

4.1.4. Unless otherwise stated in the Services or herein, when you purchase or sell digital assets using the Swapped platform, you are purchasing or selling directly from Swapped.

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

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

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

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

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

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

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

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

 5.3.2. Social Security Number or taxpayer identification number;

 5.3.3. Government-issued photo identification;

 5.3.4. Source of funds and bank account information;

 5.3.5. Network address or device-related information;

    5.3.6. Proof of address;

    5.3.7. Selfie/Photo matching the photo identification.

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

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

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

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

5.7. Swapped complies with applicable U.S. anti-money laundering (AML) and counter-terrorist financing (CTF) laws, including, but not limited to the Bank Secrecy Act (BSA). See Sec.23. As such, Swapped may request additional information or documentation at any time, including after account creation or during transaction reviews, to comply with legal obligations or internal policies.

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

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

5.10. USA PATRIOT Act Notice: To help the government fight the funding of terrorism and money laundering activities, U.S. federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account or requests financial services

6. User Rights, Responsibilities, Representations, and Conduct

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

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

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

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

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

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

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

6.7. Users agree to provide any information or documentation Swapped may require to comply with applicable laws, including AML/CTF obligations, and to cooperate with Swapped in maintaining compliance with these laws. See Sec.23. 

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

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

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

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

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

 (a) You are not located in, under the control of, or a national or resident of any U.S. embargoed or sanctioned country, and you are not listed on the OFAC Specially Designated Nationals (SDN) List or any similar prohibited party list.

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

 (c) You will comply with all applicable U.S. federal and state laws, including but not limited to those relating to anti-money laundering (AML), the Bank Secrecy Act (BSA), sanctions compliance, tax reporting, consumer protection, and financial crime prevention. See Sec.23. 

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

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

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

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

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

6.13. Additional User Representations:

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Swapped’s Rights and Responsibilities

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

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

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

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

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

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

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

7A. Export Control and Sanctions Compliance

7A.1. You acknowledge and agree that the Services are subject to U.S. export control laws, economic sanctions, and trade embargoes administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, and other applicable authorities. See Sec.23. 

7A.2. You warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to U.S. sanctions or embargoes or other applicable sanctions authorities. Such sanctioned jurisdictions include, but are not limited to, Iran, North Korea, Syria, Cuba, and the Crimea region.

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

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

8. Transaction Terms and Refund Policy

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

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

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

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

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

8.3. Refunds may be subject to the following deductions:

 8.3.1. Applicable blockchain network fees;

 8.3.2. Third-party payment processing costs;

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

8.4. If Swapped identifies that funds originated from or were linked to a wallet address, account, or party subject to U.S. sanctions (e.g., OFAC SDN List), Swapped may:

 8.4.1. Freeze the funds indefinitely;

 8.4.2. Notify the relevant government authority, including but not limited to OFAC or FinCEN. See Sec.23. 

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

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

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

9. Order Rules, Limitations, and User Accountability

9.1. Minimum Order Requirements.
 9.1.1. The minimum order value for on-ramp and off-ramp transactions is 9 USD or equivalent. Orders below this threshold may not be processed, and if received, Swapped will attempt to refund the amount minus applicable network fees to the wallet address you used or another address you provide. In cases where the amount is too small to cover the refund cost, or if the currency sent is unsupported or unrecognized (e.g., newly created), the funds may be unrecoverable and will not be able to be returned.

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

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

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

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

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

9.7 User Security and Breach Notification

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

10. Fees, Payment Processing, and Merchant of Record

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

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

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

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

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

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

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

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

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

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

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

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

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

10A. Transactions

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

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

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

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

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

10A.6. Swapped may be required to cancel or recall already executed transactions at the request of financial institutions or payment processors. In such cases, the User agrees to cooperate with Swapped in investigating and resolving the matter.

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

10B. Transaction Fees and Transmission Delay 

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

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

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

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

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

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

10C. Rounding Policy

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

11. Risk Disclosure and Assumption of Liability

11.1. By accessing or using the Services, you acknowledge and agree that:
11.1.1. Digital assets are highly volatile and may lose all or a significant portion of their value in a short period of time.
11.1.2. Digital assets are not legal tender, are not backed by any government or central bank, and are not covered by any deposit insurance scheme or other investor protection frameworks.
11.1.3. Swapped does not guarantee the market price, liquidity, or usability of any digital asset, nor does it provide any investment advice or performance warranties.
11.1.4. All blockchain-based transactions are final, irreversible, and subject to delays, reorgs, or technical errors inherent in decentralized networks.
11.1.5. Swapped is not responsible for any loss of funds, delays, or failed transactions caused by blockchain congestion, network fees, or third-party wallet issues.
11.1.6. Regulatory changes or government actions may materially affect the legality, use, or value of digital assets in your jurisdiction.
11.1.7. Digital assets are not insured by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC), or any other governmental agency, nor does Swapped hold any private insurance to protect against loss of digital assets. You acknowledge that you may lose the entire value of your digital assets without any recourse or insurance recovery.
11.1.8. Digital assets are not recognized as legal tender in the United States and may not be accepted by all persons or entities as a means of payment.
11.1.9. Transactions involving digital assets are irreversible, and losses due to fraudulent or accidental transactions may not be recoverable. Once digital assets are sent to an address, you may lose access to them permanently if the address is incorrect, belongs to an entity that does not return them, or is incompatible with your transaction.
11.1.10. Digital asset transactions may be recorded on a public blockchain at a time different from when you initiated the transaction, and transaction times may vary depending on network congestion and protocol operations.
11.1.11. Digital assets and blockchain networks may be subject to cyberattacks, hacks, theft, fraud, technical failures, forks, reorgs, changes in protocol rules, or other vulnerabilities that could result in partial or total loss of your digital assets.
11.1.12. The market for digital assets is driven by the continued willingness of market participants to exchange fiat currency for digital assets, and this market could collapse or disappear entirely, leading to a complete loss of value.
11.1.13. Legislative, judicial, and regulatory changes at the federal, state, or international level may adversely affect the use, transfer, or value of digital assets, including your ability to use Swapped’s Services.
11.1.14. Swapped does not recommend, suggest, or advise you to buy or sell any particular digital asset, nor does it provide investment, legal, or tax advice. Any educational information provided by Swapped or its affiliates is for informational purposes only and should not be relied upon for investment decisions. You are solely responsible for conducting your own due diligence and consulting qualified professionals before engaging in digital asset transactions.
11.1.15. Technical difficulties experienced by Swapped or by blockchain networks may prevent your access to or use of digital assets purchased or sold through the Services. Hardware, software, or connectivity failures may result in losses, and Swapped will not be liable for such issues.

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

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

12. Disclaimer of Warranties

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

12.2. To the fullest extent permitted by law, Swapped expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, system integration, data accuracy, and quiet enjoyment.

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

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

(a) continuous or uninterrupted access to the Services;

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

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

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

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

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

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

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

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

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

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

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

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

13A. User Security Obligations

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

13B. E-SIGN Disclosure and Consent

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

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

13B.3. Your consent to electronic Communications is provided in connection with transactions in interstate commerce and is governed by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). Swapped may modify or discontinue electronic Communications and will provide notice as required by law.

14. Prohibited Use Obligations

14.1. You agree not to use your Swapped Account or any Services to engage in the following activities (“Prohibited Use”):
 (a) Unlawful Activity: Violating, or assisting in violating, any law, regulation, or sanctions programs, including U.S. OFAC regulations, or using the Services for unlawful material or proceeds.
 (b) Abusive Activity: Interfering with or overloading our systems; transmitting malware or harmful software; unauthorized access to the Swapped platform or other user accounts; scraping, mining, or extracting data from the Services.
 (c) Abuse of Others: Harassment, threats, stalking, defamation, extortion, or infringing others' rights, including privacy, publicity, and intellectual property; collecting user data without consent.
 (d) Fraud: Providing false, inaccurate, or misleading information; defrauding Swapped users or third parties.
 (e) Unlawful Gambling: Using the Services for illegal lotteries, betting, fantasy sports, or games of chance.
 (f) Intellectual Property Infringement: Transacting in items infringing copyrights, trademarks, or proprietary rights; using Swapped’s brand without authorization.
 (g) Forbidden Items: Transacting in narcotics, controlled substances, drug paraphernalia, cigarettes, stolen goods, obscene or hate materials, certain weapons, prostitution, or other items promoting illegal activity.
 (h) Unacceptable Activities: Supporting pyramid or ponzi schemes, unlicensed financial services, bribery or corruption, or any activities that violate all applicable laws.

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

14A. Termination of Terms of Use and Account Closure

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

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

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

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

14A.5. Upon termination, Swapped will return fiat funds to the original payment method or, if needed, to a user-provided bank account, subject to applicable fees and regulations.

15. Intellectual Property Rights

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

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

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

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

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

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

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

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

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

16. Complaints and Dispute Resolution

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

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

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

16.3. If your complaint is not resolved to your satisfaction, you agree to resolve disputes as outlined in Section 18.

17. Limitation of Liability

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

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

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

 17.1.3. Loss or corruption of data or user content;

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

 17.1.5. Damages arising from:

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

  (b) Delays or failures of blockchain networks,

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

  (d) Sanction-related restrictions or frozen funds.

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

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

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

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

17A. User Indemnification

You agree to indemnify, defend, and hold harmless Swappedcom Inc., its affiliates, subsidiaries, directors, officers, employees, agents, and service providers from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

 (a) Your use or misuse of the Services;

 (b) Your breach of these Terms or any applicable law or regulation;

 (c) Any false, inaccurate, or misleading information you provide to Swapped;

 (d) Your violation of the rights of any third party, including privacy, intellectual property, or proprietary rights; or

 (e) The use of your account by any third party, whether or not authorized by you.

This indemnification shall not apply to claims or losses resulting from Swapped’s gross negligence or willful misconduct as determined by a final judgment of a court of competent jurisdiction. This indemnity survives any termination of your account or these Terms.

17B. Additional Limitations on Liability

17B.1. No Delivery of Digital Assets as Damages: Under no circumstances will Swapped be required to deliver digital assets as damages or be subject to specific performance remedies related to digital assets.

17B.2. Lowest Value Calculation: Any calculation of damages based on the value of digital assets shall use the lowest value of the applicable digital asset during the period between the accrual of the claim and the award of damages.

17B.3. Crypto-Specific Force Majeure Disclaimers: Swapped will not be liable for any damages, losses, or claims arising, directly or indirectly, from:
 (a) The malfunction, unexpected function, or unintended function of blockchain or cryptocurrency networks, including but not limited to network forks, replay attacks, double-spend attacks, Sybil attacks, 51% attacks, governance disputes, changes in cryptography or consensus rules, mining difficulties, or hacking and cybersecurity breaches;
 (b) Changes in the value of any cryptocurrency or digital asset;
 (c) Any changes in law, regulation, or governmental policy;
 (d) Any force majeure events, including but not limited to acts of God, natural disasters, wars, terrorism, labor disputes, internet outages, cyberattacks, strikes, or government actions;
 (e) The failure, interruption, delay, or unavailability of external systems, blockchain networks, third-party services, or telecommunications systems.

17B.4. Per-Incident Liability Cap: Notwithstanding anything else in these Terms, Swapped’s maximum liability for any single incident or claim shall not exceed the lesser of (a) $50,000 or (b) the total fees paid by the User to Swapped in the three (3) months preceding the claim.

17B.5. Consequential Damages Waiver: To the fullest extent permitted by applicable law, Users waive any claim against Swapped for consequential, incidental, special, punitive, exemplary, or indirect damages, including but not limited to lost profits, business interruption, loss of goodwill, or loss of data

17B.6. Scope of Limitations: These limitations of liability apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise, and even if Swapped has been advised of or knew of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not fully apply.

18. Dispute Resolution and Arbitration Agreement

18.1. Scope and Application
This Arbitration Agreement applies to all claims before, on, or after the effective date of these Terms. The Federal Arbitration Act (FAA) governs, and threshold issues, including arbitrability, residency, venue, and applicable law, will be decided by the arbitrator.

18.2 Informal Dispute Resolution Requirement Before arbitration, you must provide written notice describing your claim and participate in a good-faith informal resolution call with Swapped within 60 days.

18.3 Arbitration Initiation and Procedure. If unresolved, arbitration will proceed with AAA or JAMS. You must provide notice of intent to arbitrate, including your name, contact information, claim description, requested remedy, and a good-faith calculation of the amount in controversy.

18.4 Confidentiality All arbitration proceedings, filings, and awards will remain confidential.

18.5 Waiver of Jury Trial User waives any right to a jury trial for claims subject to this Arbitration Agreement.

18.6 Waiver of Class and Representative Actions User waives the right to participate in class, collective, or representative actions. Claims must proceed on an individual basis.

18.7 Batch Arbitration Handling If more than 100 similar arbitration claims are filed, claims may proceed in batches for efficiency and cost management.

18.8 Appeal Rights If the arbitration award exceeds $100,000, either party may appeal to an arbitration appellate panel.

18.9 Opt-Out Option: User may opt out of this Arbitration Agreement within 30 days of becoming subject by emailing [support@swapped.com] with your name, contact details, and a clear opt-out statement.

18.10 Severability: If any part of this Arbitration Agreement is deemed unenforceable, the remainder will remain in effect.

18.11. Class Action Waiver Enforcement: User acknowledges and agrees that the waiver of class, collective, and representative actions contained herein is intended to be enforced to the fullest extent permitted by applicable law in any jurisdiction. If any portion of the waiver is found unenforceable, the parties agree that the unenforceable portion shall be severed to the extent necessary to enforce the remainder of the waiver.

18.12 Exceptions for Injunctive Relief Notwithstanding anything in this Arbitration Agreement, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or other rights that require immediate relief. Such requests for injunctive relief shall not be subject to arbitration

19. Governing Law and Jurisdiction
19.1. These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.
19.2. To the extent any dispute is permitted to proceed in court (e.g., small claims or invalidation of arbitration clause), you agree to submit to the exclusive jurisdiction of the courts located in Delaware, and waive any objections based on venue or forum non conveniens.

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

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

22. State Disclosures

U.S. state regulatory disclosures and license information can be found on our Licenses section, which is incorporated by reference to this Agreement.

23. Applicable AML/CFT Laws, Regulations, and Authorities (United States)

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

23.1. Laws and Regulations

  • Bank Secrecy Act (BSA) 

  • USA PATRIOT Act (Public Law 107-56)

  • Anti-Money Laundering Act of 2020 (AMLA 2020)

  • Money Laundering Control Act of 1986 (18 U.S.C. §§ 1956-1957)

  • Office of Foreign Assets Control (OFAC) Regulations 

  • Executive Orders implementing U.S. sanctions regimes

  • FinCEN regulations 

  • State-specific money transmitter and virtual currency laws and regulations (as applicable)

23.2. Authorities

  • Financial Crimes Enforcement Network (FinCEN)

  • Office of Foreign Assets Control (OFAC)

  • U.S. Department of the Treasury

  • U.S. Department of Justice (DOJ)

  • Federal Bureau of Investigation (FBI)

  • State financial regulatory authorities (e.g., New York Department of Financial Services, California Department of Financial Protection and Innovation, as applicable)

  • U.S. Securities and Exchange Commission (SEC) (as applicable)

  • Commodity Futures Trading Commission (CFTC) (as applicable)

23.3. Updates

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

These Terms of Use create a legally binding agreement between you (the “User”) and Swappedcom Inc. (hereinafter referred to as “Swapped,” “we,” “us,” or “our”), a company incorporated in Delaware, under   EIN Number: 38-4342884, with a registered address at 100 Summer Street, Suite 1600 Boston, Massachusetts, 02110, governing the User’s use of this website, as well as any services, products, and content provided by Swapped in the United States.   

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

Please carefully review these Terms of Use before accessing the Site or using our services, products, or content. By accessing or using the Swapped website or platform, you agree to comply with and be bound by these Terms, our Privacy Policy, and any other policies or notices we publish from time to time. Unless specifically indicated otherwise, any change will take effect immediately when the revised Agreement is posted. Your use of the Services after the effective date of a change to this Agreement means you have read and accepted these changes.

If you do not agree to these Terms of Use, do not access the Site or use the Services.

1. Definitions

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

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

1.2. AML/CTF Laws: Refers to applicable United States laws and regulations related to anti-money laundering and counter-terrorist financing, including but not limited to the Bank Secrecy Act, the USA PATRIOT Act, and regulations enforced by the Financial Crimes Enforcement Network (FinCEN). A full list of applicable laws and regulations can be found in Section 23.

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

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

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

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

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

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

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

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

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

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

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

1.14. Site: The official Swapped.com website or any related subdomains used to deliver Swappedcom Inc. Services to U.S. users.

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

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

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

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

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

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

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

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

2. Entity and Service Scope

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

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

        EIN Number: 38-4342884

  100 Summer Street, Suite 1600

  Boston, Massachusetts, 02110

2.2. These Terms apply only to Users physically located in the United States and using the Services from one of the U.S. states in which Swappedcom Inc. is authorized to operate. A current list of supported states and any applicable license numbers is available on our website.

2.3. Users outside the United States or in unsupported U.S. states are not authorized to use the Services offered by Swappedcom Inc. and should instead refer to the applicable Terms of Use governing other Swapped entities.

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

3. Eligibility and Compliance

3.1. To use the Services, you must:

3.1.2 Be at least 18 years old;

3.1.3 Reside in a U.S. state where Swappedcom Inc. is licensed or otherwise authorized to operate;

3.1.4 Have full legal capacity to enter into this agreement;

3.1.5 Not be subject to U.S. sanctions or prohibited from using financial services under U.S. law.

3.2. By using the Services, you represent and warrant that all of the above conditions are met. Swapped may, at any time and in its sole discretion, suspend or terminate your access to the Services if it suspects non-compliance.

4. Description of Services

4.1. Swappedcom Inc. provides a platform that enables Users to:

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

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

4.1.4. Unless otherwise stated in the Services or herein, when you purchase or sell digital assets using the Swapped platform, you are purchasing or selling directly from Swapped.

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

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

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

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

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

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

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

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

 5.3.2. Social Security Number or taxpayer identification number;

 5.3.3. Government-issued photo identification;

 5.3.4. Source of funds and bank account information;

 5.3.5. Network address or device-related information;

    5.3.6. Proof of address;

    5.3.7. Selfie/Photo matching the photo identification.

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

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

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

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

5.7. Swapped complies with applicable U.S. anti-money laundering (AML) and counter-terrorist financing (CTF) laws, including, but not limited to the Bank Secrecy Act (BSA). See Sec.23. As such, Swapped may request additional information or documentation at any time, including after account creation or during transaction reviews, to comply with legal obligations or internal policies.

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

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

5.10. USA PATRIOT Act Notice: To help the government fight the funding of terrorism and money laundering activities, U.S. federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account or requests financial services

6. User Rights, Responsibilities, Representations, and Conduct

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

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

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

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

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

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

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

6.7. Users agree to provide any information or documentation Swapped may require to comply with applicable laws, including AML/CTF obligations, and to cooperate with Swapped in maintaining compliance with these laws. See Sec.23. 

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

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

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

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

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

 (a) You are not located in, under the control of, or a national or resident of any U.S. embargoed or sanctioned country, and you are not listed on the OFAC Specially Designated Nationals (SDN) List or any similar prohibited party list.

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

 (c) You will comply with all applicable U.S. federal and state laws, including but not limited to those relating to anti-money laundering (AML), the Bank Secrecy Act (BSA), sanctions compliance, tax reporting, consumer protection, and financial crime prevention. See Sec.23. 

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

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

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

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

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

6.13. Additional User Representations:

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Swapped’s Rights and Responsibilities

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

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

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

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

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

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

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

7A. Export Control and Sanctions Compliance

7A.1. You acknowledge and agree that the Services are subject to U.S. export control laws, economic sanctions, and trade embargoes administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, and other applicable authorities. See Sec.23. 

7A.2. You warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to U.S. sanctions or embargoes or other applicable sanctions authorities. Such sanctioned jurisdictions include, but are not limited to, Iran, North Korea, Syria, Cuba, and the Crimea region.

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

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

8. Transaction Terms and Refund Policy

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

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

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

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

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

8.3. Refunds may be subject to the following deductions:

 8.3.1. Applicable blockchain network fees;

 8.3.2. Third-party payment processing costs;

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

8.4. If Swapped identifies that funds originated from or were linked to a wallet address, account, or party subject to U.S. sanctions (e.g., OFAC SDN List), Swapped may:

 8.4.1. Freeze the funds indefinitely;

 8.4.2. Notify the relevant government authority, including but not limited to OFAC or FinCEN. See Sec.23. 

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

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

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

9. Order Rules, Limitations, and User Accountability

9.1. Minimum Order Requirements.
 9.1.1. The minimum order value for on-ramp and off-ramp transactions is 9 USD or equivalent. Orders below this threshold may not be processed, and if received, Swapped will attempt to refund the amount minus applicable network fees to the wallet address you used or another address you provide. In cases where the amount is too small to cover the refund cost, or if the currency sent is unsupported or unrecognized (e.g., newly created), the funds may be unrecoverable and will not be able to be returned.

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

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

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

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

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

9.7 User Security and Breach Notification

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

10. Fees, Payment Processing, and Merchant of Record

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

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

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

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

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

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

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

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

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

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

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

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

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

10A. Transactions

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

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

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

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

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

10A.6. Swapped may be required to cancel or recall already executed transactions at the request of financial institutions or payment processors. In such cases, the User agrees to cooperate with Swapped in investigating and resolving the matter.

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

10B. Transaction Fees and Transmission Delay 

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

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

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

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

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

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

10C. Rounding Policy

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

11. Risk Disclosure and Assumption of Liability

11.1. By accessing or using the Services, you acknowledge and agree that:
11.1.1. Digital assets are highly volatile and may lose all or a significant portion of their value in a short period of time.
11.1.2. Digital assets are not legal tender, are not backed by any government or central bank, and are not covered by any deposit insurance scheme or other investor protection frameworks.
11.1.3. Swapped does not guarantee the market price, liquidity, or usability of any digital asset, nor does it provide any investment advice or performance warranties.
11.1.4. All blockchain-based transactions are final, irreversible, and subject to delays, reorgs, or technical errors inherent in decentralized networks.
11.1.5. Swapped is not responsible for any loss of funds, delays, or failed transactions caused by blockchain congestion, network fees, or third-party wallet issues.
11.1.6. Regulatory changes or government actions may materially affect the legality, use, or value of digital assets in your jurisdiction.
11.1.7. Digital assets are not insured by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC), or any other governmental agency, nor does Swapped hold any private insurance to protect against loss of digital assets. You acknowledge that you may lose the entire value of your digital assets without any recourse or insurance recovery.
11.1.8. Digital assets are not recognized as legal tender in the United States and may not be accepted by all persons or entities as a means of payment.
11.1.9. Transactions involving digital assets are irreversible, and losses due to fraudulent or accidental transactions may not be recoverable. Once digital assets are sent to an address, you may lose access to them permanently if the address is incorrect, belongs to an entity that does not return them, or is incompatible with your transaction.
11.1.10. Digital asset transactions may be recorded on a public blockchain at a time different from when you initiated the transaction, and transaction times may vary depending on network congestion and protocol operations.
11.1.11. Digital assets and blockchain networks may be subject to cyberattacks, hacks, theft, fraud, technical failures, forks, reorgs, changes in protocol rules, or other vulnerabilities that could result in partial or total loss of your digital assets.
11.1.12. The market for digital assets is driven by the continued willingness of market participants to exchange fiat currency for digital assets, and this market could collapse or disappear entirely, leading to a complete loss of value.
11.1.13. Legislative, judicial, and regulatory changes at the federal, state, or international level may adversely affect the use, transfer, or value of digital assets, including your ability to use Swapped’s Services.
11.1.14. Swapped does not recommend, suggest, or advise you to buy or sell any particular digital asset, nor does it provide investment, legal, or tax advice. Any educational information provided by Swapped or its affiliates is for informational purposes only and should not be relied upon for investment decisions. You are solely responsible for conducting your own due diligence and consulting qualified professionals before engaging in digital asset transactions.
11.1.15. Technical difficulties experienced by Swapped or by blockchain networks may prevent your access to or use of digital assets purchased or sold through the Services. Hardware, software, or connectivity failures may result in losses, and Swapped will not be liable for such issues.

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

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

12. Disclaimer of Warranties

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

12.2. To the fullest extent permitted by law, Swapped expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, system integration, data accuracy, and quiet enjoyment.

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

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

(a) continuous or uninterrupted access to the Services;

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

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

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

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

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

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

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

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

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

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

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

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

13A. User Security Obligations

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

13B. E-SIGN Disclosure and Consent

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

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

13B.3. Your consent to electronic Communications is provided in connection with transactions in interstate commerce and is governed by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). Swapped may modify or discontinue electronic Communications and will provide notice as required by law.

14. Prohibited Use Obligations

14.1. You agree not to use your Swapped Account or any Services to engage in the following activities (“Prohibited Use”):
 (a) Unlawful Activity: Violating, or assisting in violating, any law, regulation, or sanctions programs, including U.S. OFAC regulations, or using the Services for unlawful material or proceeds.
 (b) Abusive Activity: Interfering with or overloading our systems; transmitting malware or harmful software; unauthorized access to the Swapped platform or other user accounts; scraping, mining, or extracting data from the Services.
 (c) Abuse of Others: Harassment, threats, stalking, defamation, extortion, or infringing others' rights, including privacy, publicity, and intellectual property; collecting user data without consent.
 (d) Fraud: Providing false, inaccurate, or misleading information; defrauding Swapped users or third parties.
 (e) Unlawful Gambling: Using the Services for illegal lotteries, betting, fantasy sports, or games of chance.
 (f) Intellectual Property Infringement: Transacting in items infringing copyrights, trademarks, or proprietary rights; using Swapped’s brand without authorization.
 (g) Forbidden Items: Transacting in narcotics, controlled substances, drug paraphernalia, cigarettes, stolen goods, obscene or hate materials, certain weapons, prostitution, or other items promoting illegal activity.
 (h) Unacceptable Activities: Supporting pyramid or ponzi schemes, unlicensed financial services, bribery or corruption, or any activities that violate all applicable laws.

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

14A. Termination of Terms of Use and Account Closure

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

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

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

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

14A.5. Upon termination, Swapped will return fiat funds to the original payment method or, if needed, to a user-provided bank account, subject to applicable fees and regulations.

15. Intellectual Property Rights

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

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

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

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

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

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

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

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

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

16. Complaints and Dispute Resolution

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

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

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

16.3. If your complaint is not resolved to your satisfaction, you agree to resolve disputes as outlined in Section 18.

17. Limitation of Liability

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

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

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

 17.1.3. Loss or corruption of data or user content;

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

 17.1.5. Damages arising from:

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

  (b) Delays or failures of blockchain networks,

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

  (d) Sanction-related restrictions or frozen funds.

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

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

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

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

17A. User Indemnification

You agree to indemnify, defend, and hold harmless Swappedcom Inc., its affiliates, subsidiaries, directors, officers, employees, agents, and service providers from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

 (a) Your use or misuse of the Services;

 (b) Your breach of these Terms or any applicable law or regulation;

 (c) Any false, inaccurate, or misleading information you provide to Swapped;

 (d) Your violation of the rights of any third party, including privacy, intellectual property, or proprietary rights; or

 (e) The use of your account by any third party, whether or not authorized by you.

This indemnification shall not apply to claims or losses resulting from Swapped’s gross negligence or willful misconduct as determined by a final judgment of a court of competent jurisdiction. This indemnity survives any termination of your account or these Terms.

17B. Additional Limitations on Liability

17B.1. No Delivery of Digital Assets as Damages: Under no circumstances will Swapped be required to deliver digital assets as damages or be subject to specific performance remedies related to digital assets.

17B.2. Lowest Value Calculation: Any calculation of damages based on the value of digital assets shall use the lowest value of the applicable digital asset during the period between the accrual of the claim and the award of damages.

17B.3. Crypto-Specific Force Majeure Disclaimers: Swapped will not be liable for any damages, losses, or claims arising, directly or indirectly, from:
 (a) The malfunction, unexpected function, or unintended function of blockchain or cryptocurrency networks, including but not limited to network forks, replay attacks, double-spend attacks, Sybil attacks, 51% attacks, governance disputes, changes in cryptography or consensus rules, mining difficulties, or hacking and cybersecurity breaches;
 (b) Changes in the value of any cryptocurrency or digital asset;
 (c) Any changes in law, regulation, or governmental policy;
 (d) Any force majeure events, including but not limited to acts of God, natural disasters, wars, terrorism, labor disputes, internet outages, cyberattacks, strikes, or government actions;
 (e) The failure, interruption, delay, or unavailability of external systems, blockchain networks, third-party services, or telecommunications systems.

17B.4. Per-Incident Liability Cap: Notwithstanding anything else in these Terms, Swapped’s maximum liability for any single incident or claim shall not exceed the lesser of (a) $50,000 or (b) the total fees paid by the User to Swapped in the three (3) months preceding the claim.

17B.5. Consequential Damages Waiver: To the fullest extent permitted by applicable law, Users waive any claim against Swapped for consequential, incidental, special, punitive, exemplary, or indirect damages, including but not limited to lost profits, business interruption, loss of goodwill, or loss of data

17B.6. Scope of Limitations: These limitations of liability apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise, and even if Swapped has been advised of or knew of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not fully apply.

18. Dispute Resolution and Arbitration Agreement

18.1. Scope and Application
This Arbitration Agreement applies to all claims before, on, or after the effective date of these Terms. The Federal Arbitration Act (FAA) governs, and threshold issues, including arbitrability, residency, venue, and applicable law, will be decided by the arbitrator.

18.2 Informal Dispute Resolution Requirement Before arbitration, you must provide written notice describing your claim and participate in a good-faith informal resolution call with Swapped within 60 days.

18.3 Arbitration Initiation and Procedure. If unresolved, arbitration will proceed with AAA or JAMS. You must provide notice of intent to arbitrate, including your name, contact information, claim description, requested remedy, and a good-faith calculation of the amount in controversy.

18.4 Confidentiality All arbitration proceedings, filings, and awards will remain confidential.

18.5 Waiver of Jury Trial User waives any right to a jury trial for claims subject to this Arbitration Agreement.

18.6 Waiver of Class and Representative Actions User waives the right to participate in class, collective, or representative actions. Claims must proceed on an individual basis.

18.7 Batch Arbitration Handling If more than 100 similar arbitration claims are filed, claims may proceed in batches for efficiency and cost management.

18.8 Appeal Rights If the arbitration award exceeds $100,000, either party may appeal to an arbitration appellate panel.

18.9 Opt-Out Option: User may opt out of this Arbitration Agreement within 30 days of becoming subject by emailing [support@swapped.com] with your name, contact details, and a clear opt-out statement.

18.10 Severability: If any part of this Arbitration Agreement is deemed unenforceable, the remainder will remain in effect.

18.11. Class Action Waiver Enforcement: User acknowledges and agrees that the waiver of class, collective, and representative actions contained herein is intended to be enforced to the fullest extent permitted by applicable law in any jurisdiction. If any portion of the waiver is found unenforceable, the parties agree that the unenforceable portion shall be severed to the extent necessary to enforce the remainder of the waiver.

18.12 Exceptions for Injunctive Relief Notwithstanding anything in this Arbitration Agreement, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or other rights that require immediate relief. Such requests for injunctive relief shall not be subject to arbitration

19. Governing Law and Jurisdiction
19.1. These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.
19.2. To the extent any dispute is permitted to proceed in court (e.g., small claims or invalidation of arbitration clause), you agree to submit to the exclusive jurisdiction of the courts located in Delaware, and waive any objections based on venue or forum non conveniens.

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

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

22. State Disclosures

U.S. state regulatory disclosures and license information can be found on our Licenses section, which is incorporated by reference to this Agreement.

23. Applicable AML/CFT Laws, Regulations, and Authorities (United States)

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

23.1. Laws and Regulations

  • Bank Secrecy Act (BSA) 

  • USA PATRIOT Act (Public Law 107-56)

  • Anti-Money Laundering Act of 2020 (AMLA 2020)

  • Money Laundering Control Act of 1986 (18 U.S.C. §§ 1956-1957)

  • Office of Foreign Assets Control (OFAC) Regulations 

  • Executive Orders implementing U.S. sanctions regimes

  • FinCEN regulations 

  • State-specific money transmitter and virtual currency laws and regulations (as applicable)

23.2. Authorities

  • Financial Crimes Enforcement Network (FinCEN)

  • Office of Foreign Assets Control (OFAC)

  • U.S. Department of the Treasury

  • U.S. Department of Justice (DOJ)

  • Federal Bureau of Investigation (FBI)

  • State financial regulatory authorities (e.g., New York Department of Financial Services, California Department of Financial Protection and Innovation, as applicable)

  • U.S. Securities and Exchange Commission (SEC) (as applicable)

  • Commodity Futures Trading Commission (CFTC) (as applicable)

23.3. Updates

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