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Swappix (website: https://swappix.io) is an online platform for cryptocurrency exchange (hereinafter referred to as the Trading Platform).

These Service Terms (hereinafter referred to as "ST" or "Terms") apply at any time on the swappix.io website. (https://swappix.io),(“Website”). Our Services provide you with the opportunity to exchange one cryptocurrency asset for another. If you have not familiarized yourself with these Terms in detail, we strongly recommend that you do so before using any of our Services. If you do not agree with Our Terms of Use, you should avoid/cease using any Services provided by Us. Any use of the Services reflects your consent and compliance with these Terms.

1. Provided Services

swappix.io is a provider of cryptocurrency-to-cryptocurrency exchange services. Our operations are primarily carried out through our website under the domain name swappix.io or programmatically through our application programming interface (hereinafter “API”).

Clients use our service to exchange their cryptocurrency for another cryptocurrency, primarily for investment purposes. In order to complete the exchange and ensure that we provide our users with the best available rate, achieved through continuous efforts towards improving exchange pathways, as well as to ensure liquidity for the execution of cryptocurrency exchanges, we may use third-party exchange service providers (hereinafter “ESP”, “ESP”).

After a client places an order, they are provided with a deposit address to deposit the amount they wish to exchange. Once the deposit is confirmed, the funds are exchanged for the cryptocurrency specified by the user when placing the order, and transferred to the client within a few minutes.

2. Rights

General

By using Our Services, you declare and guarantee that:

You are at least 18 years old or have reached the age of majority according to your jurisdiction;

You are an individual, legal entity, or other organization with full legal capacity to enter into this User Agreement between you and swappix.io;

You conduct transactions on swappix.io only with legally obtained funds that belong to you; or otherwise use the API, being a verified API partner, which complies with our Policy for API partners.

You do not encourage, execute, undertake, participate in, assist, or incite any illegal activity through your relationships with Us or your use of swappix.io.

You are not a Politically Exposed Person (“PEP”) and you have no relationships (e.g., business partnership, relatives, etc.) with any person who can be considered a PEP according to the definition of PEP provided below. Furthermore, you are responsible for notifying us in the event you become a politically exposed person during our interaction and under these Terms.

A Politically Exposed Person or politically significant person is defined below and includes family members and close partners.

"Politically Exposed Person" means an individual who has been entrusted with prominent public functions, and includes the following:
heads of states, heads of governments, ministers, and deputy or assistant ministers;
members of parliament or similar legislative bodies;
members of the governing bodies of political parties;
members of supreme courts, constitutional courts, or other high-level judicial bodies, whose decisions are not subject to further appeal, except under exceptional circumstances;
members of courts of auditors or central bank boards;
ambassadors, chargés daffaires, and high-ranking officers in the armed forces;
members of the administrative, managing, or supervisory bodies of state-owned enterprises;
directors, deputy directors, and members of the board or equivalent functions of an international organization.

No public function mentioned in the above points should be understood as including middle-ranking or more junior officials;

"Family members" include the following:
the spouse or person equivalent to a spouse of a politically exposed person;
the children and their spouses or persons equivalent to a spouse of a politically exposed person;
the parents of a politically exposed person;

"Close associates" means:
individuals who are known to have joint beneficial ownership of legal entities or legal arrangements, or any other close business relations with a politically exposed person;
individuals who have sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the actual benefit of a politically exposed person.

swappix.io reserves the right to select its clients and may limit or refuse Services to users who may be considered ineligible for the specified Services in accordance with this section.

Client Acceptance Policy (CAP)

By accessing and using the Services, you declare and guarantee that you are not located in, under the control of, a citizen or resident of:
Cuba, Crimea, Democratic Republic Of Congo, Japan, Iran, Iraq, North Korea, South Korea, South Sudan, Sudan, Syria, Zimbabwe, 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))
or any other country subject to the United Nations Security Council Sanctions List and its equivalent (“Prohibited Jurisdictions”), defined by OFAC (Office of Foreign Assets Control of the U.S. Department of the Treasury) as a “Specially Designated National” or placed on the U.S. Commerce Department’s “Denied Persons List”;

or a jurisdiction where crypto asset operations are explicitly prohibited, and the use of Our Services would be illegal or otherwise violate any applicable law.

swappix.io reserves the right to choose its operational jurisdictions and may limit or deny the provision of Services in certain countries by updating the existing CAP. Accessing or using our Services from any of the aforementioned jurisdictions is prohibited.

API Partners

If you use our services through the API as a verified API partner, and represent a corporation or any other legal entity using our Services to carry out transactions on behalf of third parties, you guarantee that:

You are responsible and fully understand that you are accountable under these Terms for any breach or any other action or inaction;

You do not commit, undertake, participate in, assist, or incite any illegal activity through your interaction with Us or your use of Our Services;

You represent a law-abiding corporation and/or other legal entity, and your use of Our Services complies with the provisions and premises of these Terms, AML Policy, and any applicable legislation;

Each time you use our services, you are responsible for storing at least the minimum requirements of information related to the transaction, that is the destination coin, destination amount, and txid/transfer hash, as well as at least the minimum requirements for user-related information, that is IP address (all the aforementioned information presented in this section is hereinafter referred to as “Information”);

You are responsible for storing such Information in compliance with applicable laws;

You are responsible for transmitting such information to us in advance or upon our request using any means of communication specified by us, including, but not limited to, email or similar method;

You are responsible for resolving within five (5) calendar days any request you may receive from us regarding these Terms, our AML policy, and our legal obligations, including, but not limited to, preventing any illegal activity or assisting any investigation into suspicious or illegal activity;

Upon the detection of any suspicious activity in your account, you will be asked to provide information. Your inability to successfully maintain or provide sufficient and accurate information related to your use of Our Services within five (5) calendar days from our initial request will lead to the restriction of further use of your account, and your data will be transferred to the authorities as necessary;

You will cooperate and assist the efforts of our Anti-Money Laundering team and/or any investigative body and/or any third-party service at Our request, related to but not limited to, preventing any illegal activity or any investigative actions on any reported or suspected illegal activity;

You are responsible for ensuring that your use of Our Services is always lawful, and you make serious efforts to prevent any illegal activity by establishing effective anti-fraud and anti-money laundering procedures;

Compliance with Laws, Taxes

You are responsible for complying with all applicable laws related to your trading activity and other use of our Services, including, but not limited to, any reporting obligations and withholding of all applicable taxes, if any.

You determine what taxes apply to the Transactions and any other transactions you carry out through the Services, if any, and you are responsible for reporting and remitting the correct tax to the appropriate tax authority. swappix.io is not responsible for determining whether taxes apply to your trades, nor for collecting, reporting, withholding, or remitting any taxes arising from any use of our Services.

By accessing Our Services and using them, You guarantee that:
The crypto assets you wish to exchange are your property and not obtained illegally, and there are no third-party rights to your crypto assets;
You will not provide misleading information in any of the fields of our platform;
Mandatory information for transaction execution, e.g., wallet addresses, are in no way associated with any illegal activity;
That the use of Our services is legal in your country;
You will immediately cease using Our services if at any point your country prohibits crypto assets or any access and use of Our Services, regardless of whether such a country is included in our Client Acceptance Policy or not;
You will not attempt to reconstruct, modify, disassemble, or decompile our systems in any way, and you will not use any automated systems, such as robots, crawlers, or spiders, for data extraction or any other purposes without our consent;
You will not encourage the use of Our third parties on your behalf in violation of these Terms and any applicable legislation;
You will not attempt to circumvent any security measures and our existing anti-money laundering procedures;
You will not attempt to use Our Services in any illegal manner and will not build any relationship with Us if you are involved in money laundering, terrorism financing, corruption, fraud, illegal transfer of assets, drugs, people, organs, and/or any other illegal trade and/or any other illegal activity;

3. Risk Disclosure

ANY USE OF THE SERVICES ENTAILS SIGNIFICANT FINANCIAL RISK. Crypto assets are experimental and highly volatile as they are in the early stages of development. Accordingly, any interaction with crypto assets carries numerous risks, so please ensure that you have conducted research, are well-informed, and understand all the risks associated with any actions involving crypto assets. Before using our Services and carrying out any exchange on our platform, you should carefully consider the above and understand whether it is suitable for you in light of your financial conditions and available resources.

Some of the key risks associated with any use of our services and any operations with crypto assets can be found below.

You may incur significant losses or even total loss of your funds and assets due to the high volatility in the markets and/or any deficiency, error, unintended feature, or any type of attack.

Dealing with crypto assets entails financial risks for many reasons that you do not understand and cannot control.

Crypto assets are not backed by any specific economy and do not fall under the rules or any form of protection from any government body. Accordingly, any use of services and any dealings with crypto assets in general imply that you will not be able to ensure compliance with any guarantees of compensation for losses or the like, as one might expect when dealing with regulated firms and fiat currencies.

Under certain market conditions, such as low liquidity, you may not be able to liquidate or exchange your crypto assets and, therefore, not be able to use them for your usual needs.

Risks associated with internet systems and the underlying Blockchain technology, such as deficiencies and errors that may occur due to hardware or software or internet connection errors, or malfunctions, or unintended/unexpected feature or attacks on the involved networks, systems, and blockchains.

You acknowledge and understand that you bear full responsibility for any decision, action, and use of our Services, as well as for any related risks. swappix.io will never give any investment advice related to your exchanges, nor will it give any recommendations aimed at persuading or influencing your decision to exchange any particular pair of crypto assets.

BY DEALING WITH CRYPTO ASSETS AND USING OUR SERVICES, YOU EXPOSE YOURSELF TO SIGNIFICANT FINANCIAL LOSSES. THEREFORE, YOU SHOULD EXERCISE CAUTION, TAKE FULL RESPONSIBILITY, CONTINUALLY INFORM YOURSELF, AND HAVE A CLEAR AND DEEP UNDERSTANDING OF THE NUMEROUS RISKS DESCRIBED IN THIS CHAPTER, AS WELL AS ANY OTHER POTENTIAL RISKS, OUTSIDE OF YOUR KNOWLEDGE AND CONTROL.

WARNING. There may be fake websites posing as swappix.io (so-called "phishing scams"). They may use a misspelled URL to deceive users into sending them funds. DO NOT USE ANY SERVICES THAT ARE NOT EXACTLY LOCATED IN THE DOMAIN: “https://swappix.io”. swappix.io is not responsible for funds sent to these fake phishing swappix.io sites. It is important that all users verify that they are visiting the correct URL (swappix.io) and check for a security certificate in the URL address bar of their browser. Additionally, never trust private messages, offers, or requests for funds from people claiming to be swappix.io unless you have confirmed that it is an official request from a company employee. If in doubt, contact us directly to verify any messages. Be vigilant and please report any phishing scams.

4. Personal Information and Confidentiality

swappix.io respects the privacy of its Users and does not request any information that is not required for the use of the Service or to fulfill our obligations under applicable law.

By entering Our Services and using them, we may collect, or you may voluntarily provide us with personal information necessary to provide you with Our exchange capabilities and to ensure compliance with all applicable laws.

We make serious efforts to protect any personal information collected by you and to prevent any forms of improper use, and to ensure that collection and processing are always carried out with transparency and responsibility, while maintaining your absolute control over it at all times.

For additional information on personal data that we may collect, how and when they may be processed, how their confidentiality is ensured, etc., please refer to our official Privacy Policy.

swappix.io does not conceal any information it requests or receives. Due to the inherent transparency of blockchains, transactions into and out of swappix.io are public and easily correlated. Law enforcement has full access to blockchain information that enters or exits the swappix.io systems.

Never pass on information about your transaction, including, but not limited to, your order ID, transaction hash, addresses associated with your transaction, email address, username, or password associated with your swappix.io account, to anyone else unless we ask you to do so.

Our representatives will contact you, requesting any of the aforementioned data (except passwords) for the purpose of resolving any issues with your transaction or providing you support for your relevant inquiry or after any legislative compliance requirement in relation to our AML/CFT Policy.

Our representatives will only contact you via an email @swappix.io. If you notice any abnormal behavior or are not sure if any request addressed to you is legitimate, you should immediately notify us in our “Contact Us” form in the Support Center. A representative will take care of your needs as soon as possible and appropriately verify the authenticity of the relevant request.

swappix.io will never ask for passwords from its users and will not ask users to transfer funds that are not listed on its platform. Users are advised to exercise caution with regard to discounts or promotions that may lead to fraud. Although the list is not exhaustive, you agree that swappix.io will not be liable for any losses arising from such and any similar incidents.

By using Our Services, you declare that all information on the swappix.io website and in these Terms is true, accurate, and complete.

swappix.io uses the most effective action plan, takes all necessary measures, and uses the best available methods to ensure the confidentiality of your personal information. Under no circumstances shall swappix.io, Our owners, directors, officers, members, or any employees be liable in the event of information leakage and are released from liability for any such incident that may occur due to a systemic or human error.

5. Limitation of Liability

Using swappix.io and its Services may involve financial risks and should only be used as an experimental utility. Under no circumstances shall swappix.io, its owner, our directors, officers, members, or any employees or agents be liable for any losses, claims, statements, damages, injuries, delays, accidents, business interruption costs, or other expenses (including, but not limited to, attorney fees or expenses for any lawsuit or claim), as well as any incidental, direct, indirect, general, special, punitive, punitive, or consequential damages, loss of business reputation or business profits, cryptocurrency or digital asset losses, work stoppages, data losses, computer failures or malfunctions, or any other commercial or other losses, directly or indirectly arising or related to: our Terms; Privacy and Transparency Statement; any swappix.io Service; use of swappix.io; any use of your digital assets or cryptocurrency on swappix.io by any other party not authorized by you (collectively, all the above items are referred to here as “Damages”). swappix.io is hereby released from liability for any such Damages. We disclaim any and all warranties or guarantees, including any warranties of merchantability and fitness for a particular purpose. The foregoing limitations of liability apply regardless of whether the alleged liability or Damages are based on contract, negligence, tort, strict liability, or any other basis, even if swappix.io was advised or should have known of the possibility of such Damages, and regardless of the success or effectiveness of other remedies.

6. Return and Refund Policy

Cryptocurrencies, tokens, and digital assets are generally irreversible by nature, and their exchange rates are highly volatile and transient. We cannot be responsible for any risks associated with the use of the Website, including, but not limited to, currency risk and market risk. All sales after a swappix.io exchange are final.

Unsupported coins, tokens, or protocols stored in our system on unrelated wallets cannot be extracted or returned. swappix.io reserves the right to decide this matter on a case-by-case basis. Any decisions by swappix.io regarding the deposit of such coins or tokens when they are no longer supported are final.

swappix.io accepts only one deposit for each transaction ID. If your funds are deposited more than once, you need to contact support to receive a refund. The exchange rate will not be accepted, and your exchange cannot be completed.

The client is responsible for maintaining the transaction ID and blockchain transfer hash/TXID, as this is a mandatory requirement when submitting an application. swappix.io is not obliged to respond to requests without a transaction ID and blockchain transfer hash/TXID.

The minimum deposit amount depends on the chosen currency. The minimum amount may change over time; you can find the current minimum deposit amount for each currency in the exchange form. Transactions or possible refunds that do not meet the minimum deposit limit will not be processed and will remain in the swappix.io balance until the above requirement is met.

The maximum deposit amount depends on the chosen currency. The maximum amount may change over time; you can find the current maximum deposit amount in the currency in the exchange form. Transactions that do not meet the maximum deposit limit may be returned as either the full deposit amount at once or in parts from one maximum deposit amount per day.

Deposits credited to our addresses not associated with an active order will be considered as unspecified deposits and will be stored in our systems. Additionally, if any order transaction cannot be completed, the deposited amount remains in our systems. In such cases and all possible situations after which your deposit remains in our systems, swappix.io will attempt to contact you to inform you and return the money. If we do not have contact information, you will have to contact us independently at [email protected] to request a refund. In the email, you can use the subject “Claim Deposit,” and you will need to provide information such as the blockchain transfer hash/TXID, involved wallet addresses, sent currency, amount, or any other information that may be required to verify ownership of the funds. After you contact us and provide the above, the refund will be made to the original address.

Refunds in all cases will be made exclusively to the original address – the address used for the initial transfer of funds to our account. Identification of the original address is carried out by checking the deposit hash/transaction ID using a blockchain explorer. Our team may, at its discretion, confirm the original address with you and, under special circumstances, may issue a refund to an address different from the original. However, this non-standard procedure is subject to review in each specific case and must be approved by senior members of swappix.io for security purposes. Our system is primarily designed to refund to the original address, which is a reliable protective measure aimed at preventing fraudulent attempts by users posing as others. By using our services, you acknowledge your agreement with this policy.

If our team correctly processes a refund to the original address, but you find that you cannot access or receive the funds, we advise you to contact your wallet provider. Provide them with the payment hash we provide, and they should assist in resolving the issue. Therefore, we strongly advise you to refrain from deleting or removing addresses used for deposits, as reimbursement for unprocessed orders will be returned to the original address. To ensure the secure receipt of a refund, make sure you use reliable wallet providers capable of crediting the refund amount to your account, otherwise, this may lead to potential loss of funds.

swappix.io, including its owner, directors, officers, members, employees, or agents, are not responsible for any inability to access your funds if a refund has been correctly issued to the original address, as evidenced by the relevant blockchain. By using Our services, you guarantee that you agree with our policy of refunding to the original address.

7. Applicable Expenses

swappix.io reserves the right to recover reasonable costs for resolving, cash expenses, or time spent on resolving a client’s issue, in the event that a client’s issue related to a transaction or any use of our services did not arise due to a systemic or human error, that is, it was not caused by negligence of our systems or owners, directors, officers, members, or any employees.

In any such matter where additional expenses for resolution may apply, you will be notified of the estimated costs for resolution in email correspondence. If such costs cannot be paid via transaction (by collecting an additional fee), you will have to make a separate payment in advance and according to our instructions. If a separate payment for the anticipated applicable expenses for resolving your issue is not received, swappix.io reserves the right to ignore it.

8. Exchange Rates, Fees, Commissions, and Confirmations

Please be aware that the initial exchange rate is approximate. swappix.io makes significant efforts to provide the most accurate exchange estimation, but this information is subject to inevitable volatility, and changes may occur related to, among other things, the high volatility and risky nature of virtual assets. The actual exchange rate you receive is calculated after your payment is confirmed and your funds are exchanged. Depending on various networks and blockchain providers, some time is required to confirm your deposit. Note that broadcasting a transfer to the blockchain network does not reflect swappix.io’s acceptance of this transfer, and we are not responsible for such confirmation procedures and do not influence the required time. During this time, the required rates may change.

swappix.io reserves the right to charge a fee/commission for servicing users using its services. swappix.io may, at its discretion, adjust the service fee/commission charged to customers using its services. The exchange fee stated in the exchange form, commission structure table, and account overview is only an approximate estimate. swappix.io makes significant efforts to calculate an accurate estimate of all applicable costs and provides such an estimate at initial rates, but such an estimate is subject to fluctuations depending on numerous factors. To provide you with our services, we inevitably interact with several ESPs (exchange service providers), blockchain networks, miners, etc., directly or indirectly, and in various market conditions (periods of high or low volatility, networks with high or low congestion). Exchange fees, additional commissions, network fees, etc. in all possible market conditions that may apply to numerous ESPs, coins, and blockchain networks involved in the transaction, may be changed without prior notice and are actually calculated separately in each case during the exchange and extracted from the final amount.

Applicable Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Seychelles and any applicable laws thereto.

By using our Services, You expressly agree and irrevocably consent that any claim, action, or legal proceeding arising from the Terms or your use of our Service, which may be initiated by You, will be transferred to the Seychelles court.

swappix.io and you agree to arbitrate any dispute arising from these Terms or your use of our Service, except for disputes arising from violations of registered or unregistered trademarks, copyrights, trade names, logos, or patents.

swappix.io and You agree to notify each other of any dispute within thirty (30) days of its occurrence. You may notify swappix.io of such a dispute by contacting us by email at [email protected].

You agree to take actions and serious efforts towards informal dispute resolution, by contacting us directly and explaining the source of the dispute. swappix.io will take necessary actions to resolve any type of dispute, if possible. If no satisfactory solution is reached on this matter, the dispute is resolved through arbitration conducted in a confidential manner, and the number of arbitrators should be only one.

swappix.io and you agree not to participate in a class action or class arbitration for any claims included in these Terms.

swappix.io and You agree that any dispute arising from these Terms or your use of our Service is subject to resolution in arbitration administered by the Seychelles.

10. Changes to Terms of Service

These terms may be subject to updates and changes. swappix.io will not notify you of changes to these Terms. By using our Services, you agree to the latest updated version of these terms. Therefore, we strongly recommend that you regularly check our terms so that you can notice any changes and make sure that you agree with them. If you disagree with any changes to these terms, you should stop using our Services.

11. Complaints

If you have any complaints, feedback, or questions, please contact us at [email protected] and we will make every effort to resolve this issue for you