This Terms of Use define the relation with You (“User” or “You”) as you interact with our Services which constitute each and collectively technology platform integrated in website SwapSpace.co (“Website”), associated application program interface, mobile applications, and establish the entire agreement and understanding of use of any of our Services.

The Services are operated by SwapSpace LLC (“We”, “Us”,“Service Provider”).

If You do not agree to be bound by these Terms of Use, do not access or use the Services.

We reserve the right to change this Terms of Use at any time without notice, so please check it regularly. Your continued use of the Services constitutes acceptance of any changes which we might undertake to these Terms of Use from time to time subject to no prior notification.

You hereby accept that electronic communication is the only way of communication adopted hereby subject to these Terms of Use and your use of the Services. That all notifications and documents will be sent to your email address and you should seek to send any notifications and documents to us by the similar means.

These Terms of Use set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. You represent and warrant that all information disclosed to us in connection with these Terms of Use are true, accurate, and complete.

Services may incorporate or require the use of third party products and services. Your use of such third parties’ products and services will be subject to the respective third party’s terms and conditions and privacy policies, which You agree is your responsibility to regularly review from time to time to determine their acceptability to You before You use such third party products and services. For the avoidance of doubt, all info, token or digital currency swap and exchange functions found on or linked to the Services are provided “as is” received from third parties, and are not our products, as we do not process such swaps or exchanges, nor are we custodian to any form of e-money, stored value, digital coins or tokens.

Feedback and contact

If You have any questions relating to these Terms of Use, Your rights and obligations arising from these Terms of Use and/or Your use of the Website and the Service, or any other matter, please contact us at support@swapspace.co.

Legal capacity and access

By accessing the Services and continuing to access the Services, you represent as follows:

You are at least 18 years of age or older (as to the local regulations of the jurisdiction of your residence prescribe an individual having full legal capacity);
You have not been previously suspended or removed from the Services;
You have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
You guarantee that your crypto assets are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;
You will use our Services with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;

By accessing the Services, You agree to provide Us with current, accurate, and complete information about yourself. You hereby guarantee that the information You provide to us is true and accurate; that You will pass through the AML/KYC procedures from time to time if required; that You will maintain your user information up to date; that any security issues will be subject to your prompt notification addressed to us; that You undertake full responsibility for all your activities with the Services. In addition, You acknowledge and accept that certain additional AML/KYC procedures may be conducted by any of third party providers and the Service Provider shall not be involved in or liable for any of such KYC/AML proceedings, including liability for data protection and retention.

You guarantee that you are not Politically Exposed Person or family member or close associate of such, not on any trade or economic sanctions lists, nor restricted or prohibited from engaging in any type of trading by administrative law enforcement agencies. You will not use the Service if You associated with any of the restricted areas by reason of your nationality, domicile, citizenship, residence or otherwise, which at this time include Bangladesh, Bolivia, Cuba, Crimea, Iran, North Korea, 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)), as well as any other countries subject to United Nations Security Council Sanctions List and its equivalent, a jurisdiction where the local laws prohibit you at any time to access or use the Services. In case of violation, we reserve the right to reject any User’s exchange instructions, and to force You to withdraw all the crypto assets from the platform.

You further represent, agree and warrant, that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using the Services.

If You are using the Services on behalf of any entity, You represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and (b) You are authorized to accept the Terms of Use on such entity’s behalf and that such entity agrees to be responsible to us if You violate the Terms of Use.

You further shall guarantee, that you will not: — use the Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities or any other illegal activities; — use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; — develop any third-party applications that interact with our Services without our prior written consent; — provide false, inaccurate, or misleading information; — encourage or induce any third party to engage in any of the activities prohibited hereby.

You further guarantee that you are able to bear any and all expenses which might occur while getting access to and using the Services.

You hereby authorize us to send commercial information to You via e-mail, SMS, mobile notification, or mailing address.

Service description

The Services are designated to aggregate and provide information on cryptocurrency, utility tokens, digital coins/currency, initial info offerings that do not amount to an offering of securities or securities-tokens, and other related digital currency information, as well as APIs, widgets, plugins, extensions, patches, listing of events, whether developed by Service Provider or other third parties, info purchase and token swap functionalities (as developed and provided by third parties), update functions, third party products (including applications, widgets, coins and tokens), and/or any other services and products provided by Service Provider whether by itself or in conjunction with other third parties.

The Services include our API which is available for use without any charges, subject to compliance with these Terms of Use, and third party provided services/products such as token swaps and identification protection. Such third party provided services are subject to the terms and conditions of the third party service providers. We make no direct or indirect warranties of any kind, express or implied, in relation to our Services, and you are therefore strongly encouraged to conduct your own checks, verifications, consult your advisors and satisfy yourself of the suitability of our Services as well as the acceptability (to you) of the terms and conditions of the respective third party service providers whose services/products are made available or referenced to on our Website before you use any such Services. All use of our Services (including third party provided services/products) is at your sole risk and discretion.

Service Provider is neither the creator nor the administrator of any Virtual Currency (“VCs”). It merely acts as an aggregator and intermediary between the User and the various Virtual Currency exchange platforms (services) across the globe through External Websites. Services are designated to assist buyers and sellers to exchange VCs by accessing External Website via the Website.

Any monetary figures cited at the Services include any and all fees. Any payments via the Services shall be undertaken with VCs only.

Service Provider has no control over the generation, distribution, retention or termination of VCs. Service Provider does not control market volatility of VCs. It merely acts as an intermediary for the Services offered, which are more fully set out herein.

Services are provided without warranty of any kind, either express or implied. While we strive to provide You with the uninterrupted Services, we do not guarantee that the access to the Services will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. We will use reasonable endeavors to ensure that the Services can normally be accessed by You in accordance with these Terms of Use. We may suspend use of the Services for maintenance and will make every reasonable effort to give You reasonable notice. You acknowledge that such notice, however, may not be possible in every situation.

External Websites. The Services may provide links or other forms of reference to other websites ("External Websites") or resources over which We have no control. You acknowledge that Service Provider is providing any such links or references of External Websites or resources to You, including APIs to various virtual currency exchanges, only as a convenience to You and that Service Provider makes no representations whatsoever about any External Websites which You may access through or via the Services, including such External Websites being free of such items as viruses, worms, trojan horses, and other items of a destructive nature. Service Provider is not responsible for the availability of, and content provided on any External Websites. You are requested to review the terms of use and policies posted by such External Websites regarding privacy and other topics before use. Service Provider is not responsible for third party content accessible through the Services, including opinions, advice, statements, prices, activities, and advertisements, and You shall bear all risks associated with the use of such content or trading VCs on such External Website.

Service use

Services are for Your personal and non-commercial use only.

Services are provided for Your general information only and is not intended for trading or investment purposes or to address Your particular financial or other requirements.

We may prevent or suspend Your access to the Services if You do not comply with any part of these Terms of Use, any terms or policies to which they refer or any applicable law.

You are required to notify Us immediately of any unauthorized use of the Website or Services that You may become aware of, by way of an email addressed to support@swapspace.co. The User who violates these Terms of Use may be restricted from accessing the Services, and further held liable for losses incurred by Service Provider or any User of the Website.

You hereby agree that You shall not use the Website or our Services in connection with any activity violating any law, statute, ordinance, or regulation of any jurisdiction. Further, You shall not exchange VCs via using the Services that are obtained through illegal activities and You will also not use the Services to perform any illegal activity of any sort, in any jurisdiction, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. Source of VCs exchanged by You is not known to Us and You hereby agree to ensure that it always comes from legitimate sources.

Service Provider only acts as an information intermediary and an aggregator of various virtual currency exchanges. In case of any technical or manual error that happens to Service Provider, the Service Provider will, at its best effort basis, undertake the requisite corrections including the involved transactions and/or records and will intimate You about the correction in a timely manner. If such correction creates a liability for You, You will be required to incur that liability.

Restricted use

Service Provider has zero tolerance towards use of its Services for any illegal purpose. Any such abuse by any User shall result in forthwith restriction of access and reporting of such activities to concerned regulatory and statutory authorities. Service Provider shall report all suspicious activities to the concerned authorities to ensure initiation of investigation and prosecution against You, if required.

Users shall not use circumvention or obfuscating technologies to mask their IP addresses or to hide transaction details.

Users shall not create or circulate any technologies which violate or which would facilitate other users to violate the terms hereof including for masking IP addresses or to obfuscate transaction details.

Users shall not misrepresent, misinform or misguide Service Provider in any manner. Users are hereby duly informed that We shall share all details with regulatory or legal authorities and the User shall be solely responsible for the correctness of the contents provided or for legal action for false or incorrect information furnished.

Users are cautioned against undertaking any suspicious activity on or through the Services. In the event of any suspicious or large transactions being undertaken by You, Service Provider shall have the right but not the obligation to verify such activity by sharing Your IP address with the relevant authority, and if required, suspend the transactions or terminate Your access.

Notwithstanding the foregoing, if in Service Provider’s sole discretion, the source of any VC is illegal or suspicious, Service Provider reserves the right to retain and confiscate all VCs related to such illegal or suspicious activity.

Risk disclosure

The content of the Services is meant to provide information regarding Service Provider, our products, our services, our APIs, our applications, prices or market value of cryptocurrencies, tokens, coins, rankings, trade volume data, new ICOs, new info launches, and other information related to digital currency. The aforesaid information constitutes general knowledge only, and is not meant for any reliance howsoever for any purpose of any kind whatsoever by any entity or individual. You are therefore strongly advised to procure your own checks and professional advice before you decide to make any trade, investments or swaps as no content hereby constitutes any trading or investment advice or guarantees of any kind (including but not limited to guarantees on gains/benefits/returns). For the avoidance of doubt, Service Provider makes available the content and third party products based on information and/or products (such as token swap functionalities) procured from third party sources.

Virtual Currency (VC) transactions are irreversible after they hit the network and once a transaction is initiated by You, it can neither be cancelled, modified nor reversed by Us.

The values of VCs are highly volatile and tends to fluctuate, due to which there may be increase or decrease in the value of the VC You receive after conversion. VCs are subject to large swings in value and may even become worthless. There is always an inherent risk of losses associated with buying, selling or trading in VCs. It is also possible that the valuation and price of VC changes after the transaction has been initiated by You or during the course of the transaction, and You are hereby advised of the same. Under no circumstance shall we be held liable for any such changes or fluctuations.

VCs are an as-yet autonomous and largely unregulated worldwide system of value transfer between private parties. It is not backed by any government or commodities and hence may be susceptible to risks not generally associated with other forms of legal tenders.

As VC is digital cash managed by a peer-to-peer system of networks, there is also the risk of loss of confidence in VC trading. The valuation of VCs is based on a supply and demand economy model.

There may be additional risks that we have not foreseen or identified in these Terms of Use.

You should carefully assess whether Your financial situation and tolerance for risk is suitable for buying, selling or trading VCs.

During periods of high volume, illiquidity, fast movement or volatility in the marketplace for any crypto assets, the actual market rate at which a market trade transaction is executed may be different from the prevailing rate indicated via the Services at the time of your transaction. You understand, that We are not liable for any such rates fluctuations.

The rates made available via the Services shall not be considered as an investment or financial pieces of advice or referred to as such and cannot be used as a basis of investment strategy, legal position in the court and nothing in the rates information can be ensured to contain no errors, mistakes, mispresentations or failures etc.

Services include ‘execution only’ meaning that we will act on your instructions and will not advise You on any transaction, nor will we help you avoid losses. You should obtain your own financial, legal, taxation and other professional advice.

Taxes. You hereby irrevocably accept full responsibility for your actions according to current tax legislation valid at the place of your residence/living regarding any performed transactions/operations, including but not limited to revenue/income tax. You hereby acknowledge that it is your sole liability to determine, report and remit all applicable taxes to the appropriate tax authority. In no way possible shall we bear any responsibility for determining whether taxes apply to your transfers or for collecting, reporting, withholding or remitting any taxes arising from any trades and transfers and does not act as your tax agent.

No investment advice disclaimer

No information, write-ups, listings, prices, events, ICO data, photographs, pictures, graphs, charts, articles, news updates, budgets, forecasts, token swap market values, project information, testimonials, status, team information of any company, advertisements, data, analysis, reports, media files, APIs and other content on the Website and the Services marketing materials, promotional updates, API updates, support patches, messages (via any channels), or other emails which you may have viewed, subscribed to or downloaded via the Services, constitutes advice of any kind, including but not limited to financial advice, trading advice, investment advice, insurance advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law.

Limitation of liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF USE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF OUR NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT).

IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER; FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY, 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, OR TO THESE TERMS EXCEED FIVE THOUSAND US DOLLARS.

IN ADDITION, SERVICE PROVIDER MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE CORRECTNESS OF THE WEBSITE CONTENT OR SERVICES, THAT ANY ERRORS IN ANY PART OF THE CONTENT OR SERVICES WILL BE CORRECTED, THAT RESOLUTIONS WILL BE ENHANCED, MERCHANTABLITY, QUALITY, TIMELINESS OF DELIVERY, USABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY FOR SPECIFIC VIEWING REQUIREMENTS, RETURNS ON INVESTMENTS, CREDITWORTHINESS, FINANCIAL STATUS, QUALITY OF SERVICES/PRODUCTS OF FUNDRAISERS, SECURITY OF TOKEN SWAPS, MARKET VALUE ACCURACY, ACCURACY OF FINANCIAL INFORMATION (INCLUDING PROJECTIONS, BUDGETS AND FORECASTS), ACCURACY OF CREDIT CHECK RESULTS, RATINGS AND OTHER DUE DILIGENCE REPORTS, THE ACTS OR OMISSIONS OF OTHER USERS OF WEBSITE, NON-INFRINGEMENT OR RELIABILITY OF ANY WRITE-UPS, PRODUCTS OR SERVICES DISPLAYED ON WEBSITE, SERVICES AND/OR IN UPDATES. YOU, AT YOUR OWN VOLITION AND DISCRETION, USE SERVICES, ACCESS CONTENT, ENTER INTO SUBSCRIPTIONS, SIGN-UPS AND/OR ENTER INTO OTHER TRANSACTIONS VIA WEBSITE AFTER HAVING DONE YOUR OWN DUE DILIGENCE CHECKS AND WITH DUE CONSIDERATION, AND THEREFORE ALL SUBSCRIPTIONS, SIGN-UPS, AND/OR OTHER TRANSACTIONS ARE AT YOUR SOLE RISK AND VOLUNTARY ASSUMPTION OF LIABILITY.

Indemnification

You will indemnify and keep indemnified Service Provider, and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by Service Provider or any other third party in respect to any act or omission by You in the performance of your obligations under this Terms of Use and/or the liquidation of any your financial instruments in settlement of any claims with Service Provider, unless such liabilities result from gross negligence, willful default or fraud by Service Provider.

Intellectual property

Ownership. Any and all content reflected on the Services is protected by copyright, design rights, trade mark rights and/or other intellectual property rights whether owned by Service Provider or licensed to Service Provider, or permitted under the law for use by Service Provider, whether registered, registrable or otherwise.

You hereby agree and acknowledge that without our prior written consent you are not otherwise permitted to howsoever reproduce, copy, download, decompile, disassemble, extract, store, distribute, lease, time-share, publish, sell, translate, modify or create derivative works from, any part of the content, products or services displayed on the Website. You are not permitted to howsoever copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease, rent or howsoever deal with any part of our content or Services except to view or use strictly pursuant to the purpose for which it was made available as may be permitted herein.

Any and all names, logos, trademarks, service marks, brands, whether registered or otherwise represented on the Website and the Services belong to Service provider or to third parties who have agreed to display their names on the Website and the Services. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such names for any purpose whatsoever without the prior written consent of Service Provider.

We reserve a right to take legal action against you for any such unauthorised use of our content.

Limited Use. Subject to the provisions of this Terms of Use and your compliance thereto, Service Provider hereby grants you a limited, personal, non-exclusive, non-sublicensable and non-transferable license to use the Services, in each case solely for your personal use only and not for any commercial purpose. Except as otherwise granted herein, you have no other rights to any of content, Services, products or services, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, develop derivations, create any index, translate, reverse engineer, alter, enhance, provide access to or in any way exploit any part of the content, Services, branding, or any of our services or products in any manner.

Third party content

The Services may host or co-host certain third party content operated by and belonging to such third parties (“Third Party Content”). Third Party Content is subject to copyright, trademark and other intellectual property rights under applicable laws and regulations, as well as under foreign laws and international conventions of the respective owners of Third Party Content, who retain all ownership and intellectual property rights therein. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

Services may include advertisements or other promotional materials from third parties (including other suppliers of goods and services). Such advertisements and promotional materials have not been verified or approved by Us, do not constitute any advice from Us, and are not any endorsement by Us of the advertiser or of their products or services.

Assignment

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

Termination

These Terms of Use will be terminated by either party at any time subject to no cause by giving fifteen (15) days’ prior written notice to the other party in writing via email. Service Provider shall be entitled to terminate the Services to You immediately without prior notice if the following actions performed by User:

attempts to gain unauthorized access to the Website, Services or providing assistance to others’ attempting to do so;
usage of the Services to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
violations of these Terms of Use;
failure to pay or fraudulent payment for transactions;
unexpected operational difficulties; or
upon a request of law enforcement or other government authorities.

Goverment law and dispute resolution

By agreeing to the Terms of Use You agree that You are required to resolve any claim that You may have against us on an individual basis in the courts of England. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.

You agree that any dispute, claim or controversy arising out of or relating to (a) these Terms of Use or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms of Use, will be settled by the courts of England. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

These Terms of Use and your use of the Services will be governed by and construed in accordance with the laws of England and Wales.