Loading...

Terms of use

01.08.2019

These Terms of Use (“Terms of Use”, “Terms”) apply to your access and use of the service of exchange of crypto assets, which is operated and maintained by Remme Capital LTD and its affiliates (“Swapy.app”, “We”, or “Us”) including https://swapy.app/ (“Website“), the technology and the platform integrated therein and any related applications (including without limitation the mobile one) associated therewith (collectively, the “Services”).
These Terms apply to all visitors, users, and others who register for or otherwise access or use the Services (“You”, “User”).
Please read this agreement carefully to ensure that you understand each provision. If you do not agree to this Terms, do not use the Services.
By accessing or using the Service, or clicking a button or checking a box marked “I Agree”, you signify that you have read, understood, and agree to be bound by these Terms. If you have any questions regarding these Terms, please contact us at team@swapy.app.

1. Agreement conditions
1.1. These Terms of Use constitutes a binding agreement between Swapy.app and the User as soon as the user visits the Website and uses the Services. By doing so, You confirm that You have read and accepted these terms of use in their entirety before finishing the registration procedure and only if you are in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

1.2. We reserve the right to change, modify, add or remove provisions of these Terms from time to time for any reason. We will provide you with notice of such changes by sending an e-mail, providing notice on the homepage of the Website and/or by posting the amended Terms via our Website and updating the "Last Updated" date at the top of these Terms. In any case we suggest that you review these terms periodically for changes. Such changes shall be effective immediately upon posting them on the website. You acknowledge that by accessing the services after we have posted changes to the Terms, you are agreeing to the modified provisions.

2. Eligibility
2.1. Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
   • you use our Services at your sole option, discretion and risk;
   • you are solely responsible for any applicable taxes which may be payable while using our Services;
   • you are at least 18 years old or of other legal age, according to your relevant jurisdiction;
   • you are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms; If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.
   • you agree to pay the fees for Exchanges completed via Services as defined by Swapy.app, which We may change from time to time;
   • there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain Protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol;
   • you guarantee that your crypto assets belong to you and they are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;
   •  you are NOT in, under the control of, or a national or resident of Cuba, Iran, North Korea, Crimea, Sudan, Syria, United States of America (including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas), Bangladesh and Bolivia, as well as any other country subject to United Nations Security Council Sanctions List and its equivalent ("Prohibited Jurisdictions"). Swapy.app does not operate in Prohibited Jurisdictions. We maintain the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries at any time;
   • you shall provide correct information for constructing Exchange (e.g. payin and payout wallet address). Such wallet addresses shall not be associated with terrorism, fraudulent, scam or any type of illegal activity.

2.2. You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT:
- use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
- use our Services to participate in fraudulent, scam or any type of illegal activity;
- exchange via our Services or attempt to pay-in crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities. With our Services the user can only use crypto assets, which are obtained from legal sources;
- provide false, inaccurate, or misleading information;
- attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
- use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
- develop any third-party applications that interact with our Services without our prior written consent; AND
- encourage or induce any third party to engage in any of the activities prohibited under this Section.

2.3. YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.

3. Description of services
3.1. Our Services provide you with a possibility to exchange one type of crypto-asset to another one at the terms and conditions set forth by exchanging parties, which is executed via the third-party service and according to its rules in respective blockchain network. Crypto assets herein shall be considered as assets recorded on a distributed ledger, including but not limited to cryptocurrencies and tokens (crypto assets other than cryptocurrencies), to the full and absolute exempt of the securities of any kind.

3.2. When you exchange crypto assets you acknowledge and agree that the exchange will be processed through the third-party exchange service with additional fees applicable to such exchange. You acknowledge and agree that the exchange rates information made available via the Services are an estimation only and may differ from prevailing rates available via other sources outside of our Services. You also acknowledge and agree that there is a risk of freeze or put of any other administrative hold on your crypto assets by the third-party exchange service at their own discretion based on the terms set up by these third-party exchange services.

4. Accounts
4.1. To start using our Services you shall create a Swapy.app account (Your account). You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. To know the general rules of User’s Personal Information collection, processing, distribution, use and keeping by us please read our Privacy Policy.

4.2. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We urge you to use strong passwords (i.e. passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Swapy.app immediately of any breach of security or unauthorized use of your account by emailing us at team@swapy.app. Swapy.app will not be liable for any losses caused by any unauthorized use of your account.

4.3. You may control your User profile and how you interact with the Service by changing the settings in your account settings page. By providing Swapy.app your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may find more detailed description of how we communicate with you using your email in section “Communications” of these Terms.

4.4. You indemnify and hold Swapy.app harmless against any direct, indirect, consequential or special damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with your use of our services, including but not limited to those arising from your personal error and misbehavior such as incorrect use of reusable address, incorrectly constructed transactions etc.

4.5. Swapy.app does not provide custodial services, which means, we do not store your crypto assets on deposits and balances. In limited cases such as e.g. Necessity to carry out AML/KYC procedure, your exchange may be delayed. You hereby understand and acknowledge, that any delays are possible; you indemnify and hold us harmless against any claims, demands and damages, whether direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the exchange delay, whether originated from our fault or not.

5. AML and KYC procedure
5.1. Swapy.app reserves the right to apply the AML/KYC procedure to particular users, addresses and particular transactions of crypto assets. The up-to-date information on the AML/KYC procedures can always be found at page

6. Third-Party Links and Information
6.1. The Service may contain links to third-party materials that are not owned or controlled by Swapy.app. Swapy.app does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Privacy Policy do not apply to your use of such sites. You expressly relieve Swapy.app from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Swapy.app shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

7. Intellectual Property
7.1. All our intellectual property assets including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme, texts, photographs, audio, video, music, visual interfaces, graphics and arrangement of any content contained on or available through the Services are exclusively owned, controlled, and/or licensed by Swapy.app or its licensors or affiliates and are protected by local and international intellectual property laws and treaties.

7.2. Subject to your continued compliance with the express terms and conditions of these Terms, Swapy.app provides to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services on your computer or other internet compatible device for your personal, internal use only. You are not permitted to use the Services for any resale or commercial use including to place trades on behalf of another person or entity. All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout, formatting, and features of and access privileges for the Services shall be as specified by Swapy.app in its sole discretion. All rights not expressly granted under these Terms are hereby reserved. Accordingly, you are hereby prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.

7.3. These Terms provide only a limited license to access and use the Services. Accordingly, you hereby agree that Swapy.app transfers no ownership or intellectual property interest or title in and to the Services or any Swapy.app intellectual property to you or anyone else in connection with your use of the Services.

7.4. In case you upload or share any feedback, suggestion, idea or other information or material (hereinafter referred to as "Content") with us you automatically grant us a worldwide license to use your content. It becomes part of the public domain as long as it remains on our Website and Services. It can be used for marketing or any other purposes at our sole discretion. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Content or any modifications made based on any such Content.

8. Communications
8.1. You agree and consent to receive electronically all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to user by Swapy.app and that we may be willing to communicate to you in connection with your Swapy.app Account and/or use of our Services. We may also use your email address to send you messages, such as changes to features of the Service and newsletters. You may withdraw your consent to receive electronic Communications by clocking unsubscribe or sending a withdrawal notice to support. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers If this is a case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, Swapy.app may suspend or terminate your use of the Services.

9. Limitation of Liabilities
9.1. Except as expressly provided to the contrary in a writing by Us, our Services are provided on an "As is" and "As available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

9.2. Except as otherwise required by law, IN NO EVENT SHALL SWAPY.APP, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SWAPY.APP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SWAPY.APP'S RECORDS, PROGRAMS OR SERVICES.

9.3. Exchanges via our Services cannot be canceled by SWAPY.APP. Therefore, check the details of your exchange details before making such exchange. SWAPY.APP is not responsible for your crypto assets once they have been sent outside of the Services. Moreover, SWAPY.APP doesn’t guarantee the uptime of the exchange.

9.4. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWAPY.APP (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, SWAPY.APP OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO SWAPY.APP WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

9.5. We strive to protect our users from fraudulent and scam activities in the sphere of crypto assets. It is possible, that some crypto assets are purposed for unlawful seizure of the property, or are construed as a fraud, scam or any other activity, recognized by the laws as illegal and/or non-compliant with legal requirements. SWAPY.APP cooperates with law enforcements agencies and other competent authorities in order to determine and disclose such crypto assets. We reserve the right to prohibit and discontinue any Exchanges via our Services with such crypto asset at our sole discretion, without any prior notice to you and without publication of the reason for such decision, whenever this comes to our knowledge. YOU INDEMNIFY AND HOLD SWAPY.APP HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH PROHIBITION AND DISCONTINUATION OF EXCHANGES IN OUR WEBSITE WITH ANY CRYPTO ASSET.

10. No financial advice
10.1. Swapy.app is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using the Services. Swapy.app does not give preference or recommend any particular digital asset, transaction, or purchasing strategy. Neither any information or data on the Website nor communications with company personnel constitutes investment advice or counsel or solicitation for investment. Before making any transaction you should seek professional advice or independently research and verify any information.  You acknowledge and agree that all transaction decisions are made solely by you and Swapy.app bears no responsibility or liability for the outcome of your decisions. Swapy.app will not be held responsible for the decisions you make to buy, sell, or hold Digital asset based on the information provided by Swapy.app.

11. Suspension, Termination and Cancellation
11.1. We may, without prior notice, suspend the Service, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage or Transaction limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or Swapy.app may:
(a) suspend, restrict, or terminate your access to any or all of the Services, and/or
(b) deactivate or cancel your account if: (i) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you of using the Service in connection with a Prohibited Activity; (iii) use of your account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; (iv) our service partners are unable to support your use; (v) you take any action that Swapy.app deems as circumventing Swapy.app controls, including, but not limited to, opening multiple accounts, consummating transactions for the benefit of a third party or abusing promotions which Swapy.app may offer from time to time; (vi) suspend or terminate your account or access to the Service for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other Swapy.app Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Swapy.app shall have no liability for your interactions with other Users, or for any User’s action or inaction. If Swapy.app suspends or closes your account, or terminates your use of the Service, in whole or in part, for any reason, we will use commercially reasonable efforts to provide you with notice of our actions unless a court order or other legal process prohibits Swapy.app from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that Swapy.app is under no obligation to disclose the details of its risk management and security procedures to you.

12. Dispute resolution; Arbitration
12.1. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Company (i) waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and Company’s respective rights to a jury trial. Instead, you and Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

12.2 No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

12.3 Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Company shall be sent by e-mail to Company at [please, insert the e-mail]. Notice to you shall be sent by email to the email address, you have provided while submitting the pre-order. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable Party, then either you or Company may, as appropriate and in accordance with this Section, commence an arbitration proceeding.

12.4 Any arbitration will occur in London, United Kingdom. Arbitration will be conducted confidentially by a single arbitrator in accordance with the LCIA Arbitration Rules of the London Court of International Arbitration, which are hereby incorporated by reference. The LCIA Arbitration Rules of the London Court of International Arbitration are available on the LCIA website. By agreeing to be bound hereby, you either (i) acknowledge and agree that you have read and understand the LCIA Arbitration Rules, or (ii) waive your opportunity to read the LCIA Arbitration Rules and any claim that the LCIA Arbitration Rules are unfair or should not apply for any reason.

13. Miscellaneous
13.1. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.

13.2. In the event of any conflict between these Terms and any other agreement you may have with Swapy.app, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.

13.3. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

13.4. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

13.5. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Swapy.app, including by operation of law or in connection with any change of control. Swapy.app may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.