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Terms of use

Terms of use

Terms of use

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

In these Terms of Use, “Swapped” refers to the company Swapped ApS, as well as its owners, directors, investors, officers, employees, agents, and other related parties, unless otherwise indicated herein.

The User should carefully consider the significant provisions of these Terms of Use before deciding whether to visit the Site and use Swapped's services, products, and content. Please review these Terms of Use carefully before agreeing to them. The User is entirely responsible for understanding and adhering to all laws, regulations, and rules that may be relevant to the User’s use of Swapped's services, products, and content in their particular jurisdiction.

By accepting these Terms of Use, the User agrees to be bound by Swapped's Privacy Policy, as well as any other policies published on the Site, which are incorporated herein by reference.

If the User does not agree to these Terms of Use, they should not access this Site or use any of Swapped's services, products, or content.

Definitions

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

1.1.1. Account: refers to the verified User’s personal account, where they can view their transaction history and personal data.

1.1.2. Buyer: refers to the User who purchases virtual currency using fiat currency via the Platform.

1.1.3. Commission: refers to the fee charged by a third party (e.g., a bank, non-bank financial institution, or payment service provider) on behalf of Swapped.

1.1.4. Fiat currency: refers to government-issued currency designated as legal tender through government decree, regulation, or law.

1.1.5. Funds: refers to virtual currency or fiat currency.

1.1.6. ML/TF Prevention Act: refers to The Danish Money Laundering and Terrorist Financing Prevention Act, as amended as of April 2, 2020.

1.1.7. Not supported countries: refers to the list of countries that are not supported by the Platform, including but not limited to Afghanistan, American Samoa, Bahamas, Barbados, Belarus, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Central African Republic, the Democratic Republic of Congo, Cuba, China, Ethiopia, Egypt, Gaza Strip, Ghana, Guam, Guinea-Bissau, Guyana, Iran, Iraq, Jamaica, Japan, Lao People’s Democratic Republic, Lebanon, Libya, Mali, Mauritius, Myanmar, Nicaragua, North Korea, Pakistan,  Russian Federation, Samoa, Somalia, South Sudan, Sudan, Syria, Trinidad & Tobago, Tunisia, Uganda, US Virgin Islands, Vanuatu, Venezuela, West Bank (Palestinian Territory, Occupied), Yemen, and Zimbabwe.

1.1.8. Platform: refers to the environment that allows the exchange of fiat currencies for virtual currencies.

1.1.9. Purchase: refers to the User’s instruction to buy virtual currency on specific conditions using fiat currency provided by the User and transfer it to the wallet specified in advance.

1.1.10. Services: refers to all and any services provided by Swapped.

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

1.1.12. Transaction fee: refers to the fee payable to Swapped for each completed Transaction.

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

1.1.14. 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.

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

1.1.16. Virtual currency: refers to a value represented in digital form, which is digitally transferable, preservable or tradable and which natural persons or legal persons accept as a payment instrument, but that is not the legal tender of any country (e.g., cryptocurrencies such as BTC, USDT.)

1.1.17. 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.

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

Scope of Services

2.1. The Services offered allow all users to purchase and sell virtual currencies using fiat currencies.

2.2. Depending on the User’s place of residence, they may not be able to use the Platform’s services. It is the User’s responsibility to comply with the rules and laws in their place of residence and/or the place from which they access the Site.

2.3. 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.

User rights and responsibilities

3.1. The User has the right to access and use the Site, Widget, and Services, provided they agree to and comply with the Terms of Use. By using the Site or Widget, the User agrees to accept and comply with the terms and conditions outlined herein.

3.2. The User is required to carefully read the entire Terms of Use before using the Site, Widget, or any services provided by Swapped.

3.3. The User is responsible for complying with all applicable laws and regulations related to the use of the Services.

3.4. In the case of an occasional transaction, as defined in Section 19 of the ML/TF Prevention Act, made below the threshold limit set by the AML/CFT Program, the entire Terms of Use apply to the User outside of business relationships without the establishment of the aforementioned relationships or creation of an Account.

3.5. The User must monitor all changes in transaction flow, including but not limited to the need to provide additional information and documents to support the Transaction.

3.6. The User must inform Swapped immediately (i.e., right after discovery) about any unusual, suspicious, unclear, or abnormal changes to their Transaction or Account. In case of late or non-informing, the User will be liable for a breach of the Terms of Use, and Swapped will have the right to take further steps accordingly, including but not limited to reporting to relevant state or national authorities.

3.7. It is prohibited for a User to have more than one account. The User is solely responsible for non-disclosing confidential information and for the security of their account, including but not limited to login codes and protecting all activity and transaction history located on the account.

3.8. The User agrees that whenever the Transaction is made, the Platform sends and receives monetary sums from the Buyer and sends virtual currencies to the wallet specified by the Buyer.

3.9. The User must notify Swapped immediately of any unauthorized use of their credentials or any other breach of security by email addressed to support@swapped.com. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by Swapped or any user of the Platform.

3.10. The User must not use the Services to perform criminal activity of any sort, including but not limited to money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.

3.11. The User is responsible for any and all damages caused and all liability actions brought against Swapped for infringement of any third-party rights or violation of any applicable laws.

3.12. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law, or any other liability which may not be limited or excluded by law.

3.13. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status, and risk willingness.

3.14. All payment instruments used during the Transaction, including bank accounts, credit cards, debit cards, or others, must be named after the User. Any attempt otherwise will be considered as fraud.

User representations and warranties

4.1. By performing a Transaction, the User expressly represents and warrants that they:

4.1.1. Follow the rules and laws in their country of residence and/or country from which they access the Site, Widget, and Services.

4.1.2. Have accepted these Terms of Use.

4.1.3. Are at least 18 years old and have the right to accept these Terms of Use and participate in transactions involving virtual currencies.

4.2. The User represents and warrants that they will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorized and have the capacity to enter into Transactions on the Platform.

4.3. The User represents and warrants that fiat currency funds used to Purchase virtual currency belong to the User and are derived from legal sources.

4.4. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.

4.5. The User understands that their personal data and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.

Swapped's rights and responsibilities

5.1. Swapped has the right to suspend the User’s Transaction and block virtual currency, before it was transferred to the wallet address specified by the User, or fiat currency used to perform Transaction in case of non-fulfillment or unduly fulfillment of the Terms of Use by the User.

5.2. Swapped undertakes to provide the Services with the utmost effort, due care, and in accordance with these Terms of Use.

5.3. Swapped's responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the virtual currency transferred. When initiating virtual currency transactions to the wallet address provided by the User, Swapped's responsibility shall be further limited to ensuring the transfer of the necessary technical data to the virtual currency network.

5.4. To the extent permitted by law, Swapped is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by Swapped.

5.5. Swapped is not responsible for any malfunction, breakdown, delay, or interruption of the Internet connection or any reason why our site is unavailable at any given time.

5.6. Swapped is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.

5.7. In the case of fraud or other illegal activity, Swapped undertakes to report all necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account or transaction may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.

5.8. Nothing in these terms excludes or limits the responsibility of Swapped for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.

Intellectual property rights

6.1. All the content available on the Site and Widget belongs to Swapped and is safeguarded by patent, copyright, trademark, and other applicable laws, unless explicitly stated otherwise in the agreement.

6.2. The Trademarks, service marks, logos, and other intellectual property of Swapped and its affiliates used on the Site and Widget are solely the property of Swapped and its respective owners. The software, charts, graphs, images, text, video, audio materials, prices, trades, applications, and data used on the Site and Widget are also the property of Swapped. The User is prohibited from reproducing, modifying, copying, posting, scraping, uploading, transmitting, distributing, collecting or republishing any content from the Site or Widget, no matter the means, without obtaining the prior written consent of Swapped.

6.3. Swapped values and respects intellectual property rights. If the User has a bona fide copyright claim or a registered trademark or service mark claim, please notify us by sending an email to support@swapped.com.

User verification

7.1 The process of identifying and verifying users, commonly referred to as ‘Know Your Customer’ (KYC), is mandatory for all Transactions, unless the transaction is considered occasional under Section 19 of the ML/TF Prevention Act and falls below the threshold limit set by the AML/CFT Program. If the user declines to provide the required documents and information for KYC, which may include additional information requested after the establishment of the business relationship, Swapped retains the right to immediately terminate its Services to the user.

7.2 The user grants Swapped permission to perform any necessary inquiries, directly or indirectly (through third parties), to validate the accuracy and relevance of the information given for verification purposes. Personal data that is shared will be strictly limited to what is necessary and will be safeguarded with appropriate security measures.

Transactions

8.1 The Platform enables the User to purchase and sell virtual currencies through the Site or Widget.

8.2 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 irreversible and cannot be cancelled. Transactions will be executed immediately and will be considered to have occurred at the time and date of execution.

8.3 The User acknowledges that transactions may be delayed due to KYC verifications and other checks. Additionally, due to the nature of virtual currency networks, the transfer of virtual currency to the specified wallet may take some time.

8.4 If the User discovers any unauthorized transaction activity, they must immediately notify Swapped and follow any instructions provided. Otherwise, Swapped reserves the right to freeze the funds until the investigation is complete.

8.5 Swapped may be required to cancel or recall already executed Transactions at the request of financial institutions, including but not limited to banks involved in the settlement of such Transactions. In such cases, the User is obligated to cooperate with Swapped to determine the reasons for such requests.

8.6 In the event a User receives more virtual currency or fiat currency than intended due to an error in transaction processing, system malfunction, or any other reason, the User is required to promptly notify Swapped of the discrepancy. The User agrees to refund the excess amount to Swapped as instructed by Swapped without delay. Failure to do so may result in legal action, and Swapped reserves the right to initiate a recovery process for the excess funds, including but not limited to freezing the User’s account, deducting the excess amount from the User’s account, and taking any other action deemed necessary by Swapped. The User acknowledges and agrees to fully cooperate with Swapped in resolving such discrepancies, including providing any relevant information requested by Swapped to facilitate the return of the excess funds.

Transaction fee

9.1 Swapped reserves the right to determine Transaction Fees at its discretion.

9.2 Swapped is not responsible for exchange rates, processing fees, or any other fees imposed by the User’s card issuer. These additional costs are the responsibility of the User.

9.3 The User agrees to pay Swapped the Transaction fee for each completed Transaction.

Rounding policy

10.1 Swapped uses a rounding policy in favor of the Platform for all financial calculations. Fiat currencies are rounded to the 2nd digit after the separator, while the rounding policy for virtual currencies varies depending on the specific virtual currency.

10.2 To optimize processes, some transactions on the Platform, such as those involving currencies, cryptocurrencies, and other items, may not be immediately reflected in the User’s Account. Instead, they will appear once a unit is whole, in accordance with the applicable rounding standards.

Illegal transactions

11.1 Swapped reserves the right to suspend or terminate a User’s Swapped Account or cancel a Transaction at any time if it reasonably believes that such actions are required by law or necessary to comply with recommendations issued by relevant government authorities or recognized bodies for the prevention of financial crime, money laundering, terrorist financing, and financing of proliferation of weapons of mass destruction.

11.2 Using the Platform for any illegal purposes is strictly prohibited, and Swapped will report any suspicious activity to the appropriate law enforcement authorities.

11.3 The User must not use the Services for transactions related to:

11.3.1. Money laundering, terrorist financing, or proliferation of weapons of mass destruction.

11.3.2. Human trafficking.

11.3.3. Any goods or services that are illegal or that the promotion, offer, or marketing of which is illegal or that are offered in connection with illegal, obscene, or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity.

11.3.4. Any goods or services, promotion, offer, or marketing of which would violate copyrights, industrial property rights, or other rights of any person.

11.3.5. Archaeological findings.

11.3.6. Drugs, narcotics, or hallucinogens.

11.3.7. Weapons of any kind.

11.3.8. Illegal gambling services.

11.3.9. Ponzi, pyramid, or any other “get rich quick” schemes.

11.3.10. Goods that are subject to any trade embargo.

11.3.11. Media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors.

11.3.12. Body parts or human remains.

11.3.13. Protected animals or protected plants.

11.3.14. Weapons or explosive materials.

11.3.15. Any other illegal goods, services, or transactions.

Prohibition of use

12.1 Swapped is an independent, self-governing, and well-operating company that reserves the right to accept, allow, restrict, or deny Services based on its internal policies and regulatory policies.

12.2 Swapped conducts deliberate screening of its users and takes corresponding actions to avoid providing Services to individuals and corporations from unsupported countries.

12.3 The User accessing and using the Services confirms that they:

12.3.1. Are not on any trade or economic sanction lists, including but not limited to the UN Security Council Sanctions list, the EU consolidated sanction list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department), or placed on the U.S. Commerce Department’s “Denied Persons List.”

12.3.2. Are not a resident of unsupported countries.

12.3.3. Do not act on behalf of individuals who have a residence in unsupported countries.

12.3.4. Are not incorporated in the countries listed in Supported Countries or act on behalf of entities incorporated in unsupported countries.

12.3.5. Do not act on behalf of entities whose shareholders are residents of unsupported countries.

12.4 Users violating the rules listed in Clause 12 are subject to an immediate ban without a refund of pledge funds upon detection by Swapped.

12.5 Users who illegally and fraudulently manage to receive Service by violating rules in Clause 12.3.1 are subject to an immediate ban upon detection by Swapped without a refund of pledge funds.

12.6 Users violating the rules listed in Clause 12.3.1 are solely responsible for any legal actions that may come from authorities.

Account security

13.1. It is the User’s responsibility to maintain the confidentiality of their Account information, and any Transactions made through the Account.

13.2. Swapped personnel will never ask the User for their login codes, and the User should contact us about any message or website that asks for their login codes, other than the swapped.com website.

13.3. The User should not allow anyone to access their Account or watch them accessing their Account.

13.4. If the User has any concerns about the security of their Account, login details, login codes, or other security features being lost, stolen, misappropriated, used without authorization, or otherwise compromised, they should contact us immediately. Any delay in notifying Swapped may affect the security of the Account and make the User liable for any losses incurred.

13.5. The User should take reasonable care to ensure that their email account(s) are secure and only accessed by them. Swapped is not liable for any breach of an email account resulting in an unauthorized Transaction being executed.

13.6. The User must ensure that their login details are not stored by the browser, cached, or otherwise recorded, regardless of whether they are using a public, shared, or personal computer to access the Account.

13.7. Additional products or services used by the User may have additional security requirements, which the User should familiarize themselves with.

Termination of the terms of use or cancellation of transaction

14.1. The User can end the Terms of Use and close their Account anytime, subject to the completion of any ongoing transactions.

14.2. The User acknowledges that Swapped can, at its sole discretion, give notice and terminate their access to the Site and their Account. This includes limiting, suspending or terminating the Service and User Accounts, prohibiting access to the Site and its content, services, and tools, delaying or removing hosted content, and taking technical and legal actions to keep Users off the Site, if they create problems or possible legal liabilities, infringe on third-party intellectual property rights, or act inconsistently with the Terms. Moreover, in appropriate circumstances and at its discretion, Swapped can suspend or terminate User Accounts for any reason, including unauthorized access attempts to the Site or another User’s account, overcoming software security features, usage of the Service to perform illegal activities such as money laundering or illegal gambling, violation of the Terms, failure to pay for Transactions or fraudulent payment, unexpected operational difficulties, or legitimate and compelling requests from law enforcement or government agencies.

14.3. Swapped also holds the right to cancel unconfirmed or inactive Accounts for more than six (6) months and/or modify or discontinue the Site or Service. The User agrees that Swapped will not be liable for termination of their Account or access to the Site.

14.4. Suspension of the Account will not affect payment of Transaction fees for past Transactions.

14.5. After the Transaction is canceled, and the Account is terminated, Swapped will unblock the fiat funds held in the User’s payment card account, in compliance with payment system and payment card issuer regulations. If the Transaction was performed using a cash-in terminal, the User must provide valid bank account information to enable the transfer of funds back to the User. Swapped will transfer the fiat funds as soon as possible following the User’s request and in the specified time frames.

14.6. Swapped will send the User the fiat funds used for the canceled Transaction. However, in certain cases, intermediaries or the beneficiary bank involved in an international payment may deduct charges. Swapped will make reasonable efforts to disclose such charges to the User before sending the payment. If unavoidable, the User acknowledges that such charges cannot always be calculated in advance and agrees to be responsible for them.

Services availability

15.1. The Services are provided on an “AS IS” basis, and Swapped makes no guarantees or warranties, either expressed or implied.

15.2. Swapped will make every effort to keep the Site and Widget operational, but all online services may experience occasional disruptions and outages. Swapped shall not be held liable for any disruption or loss incurred by the User. Therefore, Swapped does not guarantee uninterrupted access to the Site or Widget, nor does it guarantee that there will be no delays, failures, errors, omissions or loss of transmitted information.

15.3. Swapped will make reasonable efforts to ensure that the User can access the Site in accordance with the Terms of Use. Swapped may suspend the use of the Site or Widget for maintenance purposes and will provide reasonable notice to the User. However, the User acknowledges that in case of an emergency, notice may not be possible.

Widget

16.1. Swapped has the right to offer a Widget to third-party legal entities. These entities may place the Widget on their web portal or cash-in terminal interface in its original, unmodified and unaltered state or as a white-label solution. End-users who use this Widget are also subject to these Terms of Use.

Financial or legal advice

17.1. Swapped explicitly states that it does not offer any financial, investment, or legal advice with regards to the Services it provides. While Swapped may furnish information regarding the price, range, and volatility of virtual currencies, as well as any events that may impact virtual currency prices, such information should not be construed as financial or investment advice. It is the sole responsibility of the User to decide whether to purchase virtual currencies, and Swapped will not be held liable for any resulting loss.

Taxation

18.1. The User is responsible for paying any taxes or duties that may result from their use of Swapped services, in accordance with the regulations of their country of residence.

18.2. Swapped is not liable for any violations committed by the User related to their obligation to calculate and pay taxes and duties.

Notices and communication

19.1. Swapped has the right to communicate with the User through any available means of communication using the contact details provided by the User.

19.2. The User agrees to receive notices in electronic form and agrees to be bound by them, if required by the Terms of Use.

Governing law and dispute resolution

20.1. These Terms of Use shall be governed by the laws of Denmark and interpreted accordingly unless otherwise specified. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be referred to the Danish court in Copenhagen as the Court of first instance.

20.2. If any part of these Terms of Use is considered invalid or unenforceable for any reason, it will not affect the validity and enforceability of any remaining provisions.

20.3. Any dispute or controversy arising out of or in connection with these Terms of Use shall be attempted resolved through mediation or arbitration. The mediation or arbitration proceedings shall be conducted in accordance with the rules of the Danish Court in Copenhagen. In case arbitration or mediation is not suitable for the user, the user has the right to take the matter to court in Denmark as per the EU, Consumer Rights Directive.

20.4. If the parties fail to reach an amicable settlement through mediation or arbitration or the user would prefer to, the case shall go to court in Denmark, in accordance with the rules of the Danish Court in Copenhagen.

20.5. The prevailing party in any arbitration proceeding or lawsuit arising out of or in connection with these Terms of Use shall be entitled to recover reasonable attorney fees and costs incurred in such proceedings.

Limitation of liability 

21.1. Swapped, its officers, directors, employees, agents, and all third party service providers shall not be liable to the User or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including those resulting from (I) the accuracy, completeness, or content of this Site, (II) the accuracy, completeness, or content of any sites linked to this Site, (III) the services found at this Site or any sites linked to this Site, (IV) personal injury or property damage of any nature whatsoever, (V) third-party conduct of any nature whatsoever, (VI) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information, or other information and data stored therein, (VII) any interruption or cessation of services to or from this Site or any sites linked to this Site, (VIII) any viruses, worms, bugs, Trojan horses, or the like which may be transmitted to or from this Site or any sites linked to this Site, (IX) any User Content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “X-rated”, obscene, or otherwise objectionable and/or (X) any loss or damage of any kind incurred as a result of the User’s use of this Site or the services found at this Site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Swapped is advised of the possibility of such damages.

21.2. The User acknowledges and agrees that any cause of action arising out of or related to this Site or the services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. Furthermore, the User acknowledges and agrees that in no event shall Swapped's total aggregate liability exceed the total amount paid by the User for the particular services that are the subject of the cause of action.

21.3. Swapped's limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or the User’s use of this Site or the services found at this Site.

Indemnity

22.1. The User agrees to defend, indemnify, and hold harmless Swapped, its officers, directors, employees, agents, and third-party service providers from any and all claims, demands, losses, liabilities, expenses, costs, and damages, including reasonable attorneys’ fees, arising from or related to (i) the User’s use and access of this Site, Widget or the Services offered on this Site or Widget, (ii) the User’s violation of any provision of the Terms of Use or any policies or agreements incorporated herein, and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or proprietary rights. The User’s obligations to indemnify will survive the termination or expiration of the Terms of Use or the User’s use of this Site and Widget or the Services found on this Site or Widget.

Modifications and amendments

23.1. Swapped has the right to modify or amend any part of these Terms of Use at any time by posting the updated version of the Terms of Use on the Site. The changes will be effective and deemed accepted by the User the first time they use the Services after the updated Terms of Use are posted and shall apply only to any activity initiated after the posting. If the User does not agree with any modification, their only option is to terminate the use of the Services and close their Account. The User acknowledges that Swapped will not be held responsible for any losses resulting from any modification or amendment to these Terms of Use, and that Swapped shall not be liable to the User or any third party.

Force majeure

24.1. In the event that Swapped is unable to provide the Services as outlined in the Terms of Use due to factors beyond its control, including but not limited to Force Majeure events, changes in the law or changes in sanctions policy, Swapped shall not be held responsible to the User for the Services provided during the period of the event.

Links to third-party websites

25.1. Swapped may provide links to third-party websites on this Site or the Services found at this Site. These third-party websites are not owned or controlled by Swapped and Swapped is not responsible for their content, terms and conditions, privacy policies, or practices. Swapped does not edit or censor the content of these third-party websites. By using this Site or the Services found at this Site, the User releases Swapped from any and all liability arising from their use of any third-party website. Swapped encourages the User to review the terms and conditions, privacy policies, and other governing documents of any third-party website they may visit, and to be aware when they leave this Site or the Services found at this Site.

26.1 GAMBLING POLICY

Swapped prohibits the use of funds for illegal gambling and has the right to investigate and terminate accounts if it suspects any violation of this policy.

26.2 RIGHTS AND RESPONSIBILITIES

Swapped reserves the right to refuse transactions to or from certain persons, including those on restricted or prohibited lists issued by the US Government.

Payment processing

27.1 Relation to Payment Processors

We (the “Merchant”) expressly recognize and will communicate to our Customers that neither Blaven, nor any of its affiliates nor any of its brands, have made or will make any warranty nor representation as to the goods and/or services provided by us and that Blaven and its affiliates shall not be liable whether in contract, tort (including negligence), for breach of statutory duty, or otherwise for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising out of, or in connection with the products and/or services Blaven provides. Moreover, regarding our business relation with Blaven, we hereby declare their activities are exclusively those related to Payment Processing.

Transaction identifier

28.1 Transaction identifier enforcement

Every single transaction is assigned a transaction identifier for reference in case of any conflicts, disputes or issues.

Delivery time

29.1 Crypto delivery time

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

Risks

Be aware that any activity and transactions with Swapped and other Virtual Asset Service Providers comes with significant risk of substancial loss.