Terms of Use
These Terms govern the use of the Swapuz service available at https://swapuz.com, including its web interface and application programming interfaces (API).
By using the Service, you accept these Terms. If you do not agree with them, stop using the Service.
1. Definitions
Service means the swapuz.com website, the API and related technology solutions.
Company ("we", "us") means the person operating the Service.
User ("you") means any person using the Service.
Order means an exchange request created through the Service. Deposit means the funds you send to the payment details of an Order.
Exchange means the conversion of one crypto asset into another, or into the same asset on a different network. Floating Rate means a rate determined at the time the Exchange is executed. Fixed Rate means a rate locked when the Order is created for the period specified in clause 5.3.
2. Acceptance of Terms
By creating an Order, you confirm that:
- you are at least 18 years old and have full legal capacity;
- you are not located in, and are not acting from, any jurisdiction listed in Section 11;
- you are not included in any sanctions list and are not acting on behalf of any such person;
- your assets were obtained lawfully;
- your use of the Service does not violate the laws applicable to you;
- you are acting on your own behalf or are authorised to act on behalf of a third party.
These confirmations are deemed to be given again with each Order.
Actions performed through the Service, including the creation of an Order, have the same force as a written document.
3. Description of the Service
The Service is an automated platform for exchanging cryptocurrencies and tokens. The Company is not a bank, broker, investment adviser or custodian.
The Company does not provide asset custody services, does not open accounts and does not maintain balances. The Company controls assets only for the time needed to execute a specific Order, carry out checks and process refunds.
The Service is provided "as is". The Company does not guarantee the availability of particular assets or pairs, the execution of any Order, the accuracy of third-party quotes, the absence of slippage, continuous and error-free operation of the Service, or the absence of blockchain network delays.
Information displayed in the Service is not investment, tax or legal advice.
4. Prohibited Use
You may not use the Service for:
- money laundering, terrorist financing or financing the proliferation of weapons of mass destruction;
- transactions involving assets obtained through fraud, hacking, extortion or any other crime;
- evading sanctions regimes;
- transactions related to drugs, human trafficking, child sexual exploitation material or illegal arms trafficking;
- serving darknet marketplaces or malware;
- knowingly providing false information during checks;
- placing excessive load on the infrastructure or scraping beyond the limits set in the API documentation;
- attempting unauthorised access to, or interference with, the Service;
- any other violation of the law.
The Company may refuse service, restrict access or suspend the execution of an Order if it considers the use of the Service risky or contrary to these Terms.
5. Orders and Transactions
An Order is created when deposit details are provided to you. An Order is not an offer by the Company and creates no obligation to execute an Exchange until the Deposit has actually been received and confirmed.
You must send the Deposit in exact accordance with the Order parameters: correct address, correct network, any required identifiers (memo, tag, payment ID), and within the Order's validity period.
Rate. With a Floating Rate, the final amount is determined at the time the Exchange is executed. With a Fixed Rate, the rate is guaranteed for 30 minutes from the creation of the Order, provided the Deposit is fully confirmed within that period. After this period expires, the rate is no longer locked. Processing begins once the required number of network confirmations has been received.
Amount mismatch. The minimum Exchange amount is shown in the interface when the Order is created. If the Deposit amount differs from the amount stated in the Order but is not below the minimum, the Exchange is executed on the amount actually received at the Floating Rate applicable at the time of execution, regardless of the rate type selected when the Order was created. If the Deposit amount is below the minimum, the Exchange is not executed and the Company is not responsible for such funds: their processing and refund are not guaranteed and may be technically impossible.
Repeat deposits. A deposit address is provided for single use. Funds sent to it after the Order has been executed or cancelled, as well as repeat transfers to a previously used address, may be irreversibly lost. The Company does not guarantee that such funds will be detected or refunded.
Processing times depend on network confirmations, network load, liquidity availability, third-party operations and checks. The Company does not guarantee specific processing times and is not liable for delays caused by these factors.
The Company may cancel an Order or change the terms of its execution where circumstances prevent the transaction from being carried out safely.
6. Fees
The final amount to be received, shown when the Order is created, includes all of the Company's fees unless the interface expressly states otherwise.
The cost of an Exchange may include the Service fee, fees of exchanges, brokers and other third-party services engaged to execute the Exchange, and blockchain network fees.
Network fees depend on the state of the network and are not controlled by the Company.
Fees applied to refunds and to unclaimed funds are set out in Sections 7 and 9.
7. Refunds
Refunds are made only in the asset received and only to the refund address you specified when creating the Order. If no such address was specified, the refund is made to the address from which the Deposit was sent, provided that address can be technically determined. Refunds in a different asset, on a different network or to a different address are not made.
A refund is possible if the Order cannot be executed: in the event of a technical error by the Company, receipt of funds after the Order has expired, or following a check where execution of the Exchange is not possible.
The network fee is deducted from the refunded amount. The Service fee and third-party fees actually incurred in processing the refund may also be deducted; their amount is determined individually and communicated to you before the refund is made. If the remaining amount after deductions does not exceed the network fee, the refund is technically impossible and will not be made.
The Company may require proof of entitlement to the funds: a signature of a verification message with the private key of the sending address and/or completion of KYC. No refund is made until such proof is provided.
No refund is made if a request from a competent authority has been received, if the funds have been frozen by an exchange or another party engaged to execute the Exchange, if you did not provide the requested information in time, or if the loss occurred for the reasons set out in Section 8.
The Company does not guarantee specific timeframes for reviewing and processing refunds.
8. Your Errors
You are fully responsible for the accuracy of the details you provide when creating an Order and sending a Deposit.
Because blockchain transactions are irreversible, the Company is not liable for loss of assets resulting from:
- an incorrect or incompatible address;
- selection of the wrong network;
- a missing or incorrect memo, tag or payment ID;
- sending an unsupported or counterfeit token;
- sending a Deposit after the Order has expired;
- sending funds again to a used deposit address;
- API integration errors;
- actions of a third-party wallet or service used by you.
The Company may, but is not obliged to, make reasonable efforts to assist in recovering funds. Success is not guaranteed and no timeframe is set. If funds are recovered, the costs incurred and a processing fee are deducted.
The only official domain of the Service is swapuz.com. The Company is not liable for losses arising from the use of fake domains, phishing websites, malware, compromise of your device or clipboard address substitution.
9. Unclaimed Funds
This Section applies to funds under the Company's control in connection with an unexecuted Order where you have not requested a refund, have not provided a refund address or have not confirmed your entitlement to the funds.
Funds are held free of charge for 90 days from the date of receipt.
From day 91, the Company may charge a monthly processing fee equal to the greater of 3% of the funds held for each started month or USD 200 equivalent. The fee is deducted upon refund.
The Company makes at least one attempt to notify you using the contact details provided when the Order was created, if any.
If no claim is made within 36 months from the date of receipt, the funds are deemed unclaimed and are applied towards the Company's costs or to charity.
10. Checks, Suspensions and Blocking
The Company applies a risk-based approach and monitors transactions in accordance with its AML/KYC Policy, which forms part of these Terms.
The Company may suspend the execution of an Order, request documents and information, temporarily hold funds, and restrict or terminate access to the Service in the event of:
- suspicious activity or elevated risk;
- an AML/KYC check;
- failure to provide requested information;
- technical security threats;
- requirements of competent authorities;
- a breach of these Terms;
- indications that the Service is being used from a jurisdiction listed in Section 11.
Checks may cause delays, the duration of which the Company does not guarantee.
Where the law prohibits informing a person about an ongoing check or a report that has been filed, the Company may not disclose the reasons for the measures taken.
Check procedure. As part of a check, the Company may request: information on the source of funds (source platform, basis of receipt, date and amount of the original transaction, transaction hashes and supporting materials); an identity document and a selfie with it; a signature of a verification message with the private key of the sending address. The Company may request other documents where necessary to assess risk.
Requested information must be provided within 30 calendar days of the request. Materials are accepted in JPEG, PNG or PDF format; documents must be valid and fully legible. If the information is not provided in time, the Company may decline further review, and Section 9 applies to the funds held.
Following a check, the Company resumes execution of the Order, makes a refund in accordance with Section 7 or refuses service. Review times depend on the circumstances of each case and are not guaranteed.
Termination of access does not release you from obligations that arose earlier.
11. Restricted Jurisdictions
The Service is not provided to persons who are located in, reside in, are registered in or act from the following jurisdictions: the United States of America, Canada, France, North Korea, Sudan, the Russian-occupied territories of Ukraine (Donetsk, Kherson, Luhansk and Zaporizhzhia regions, Crimea and Sevastopol), the Republic of Cuba, the Syrian Arab Republic, the People's Republic of China (including Mainland China), Japan, the Republic of Iraq, the Republic of Yemen, the Federal Republic of Somalia, the Republic of the Congo, the State of Libya, the Republic of Liberia, the State of Eritrea, the Republic of Mali, the Republic of Zimbabwe, the Republic of Côte d'Ivoire, Singapore, Germany, Hong Kong, Malaysia, Malta, Spain, the Netherlands, Bolivia, the United Kingdom, Myanmar, Venezuela, Uzbekistan, Austria, India, Indonesia, the Islamic Republic of Iran, or any other state, country or jurisdiction subject to sanctions or embargo regimes of OFAC, the EU, the UN or the United Kingdom.
This list may be updated without prior notice. The current version is published on the Service.
Using a VPN, proxy or any other means of circumventing territorial restrictions is a breach of these Terms.
You are responsible for complying with this Section. The Company is not obliged to verify your actual location.
12. Claims
Claims relating to an Order must be submitted through the official support channel within 7 calendar days of the creation of the Order or of the actual receipt of the Deposit, whichever is later.
A claim must include the Order number, transaction hashes, the sending and receiving addresses and a description of the circumstances.
After this period, the Company may decline to consider the claim. This clause does not affect the procedure for refunding funds actually held (Sections 7 and 9).
If you do not provide information requested during the review within 14 days, the case is closed. You may reopen it within 7 days of closure.
This Section does not apply to the extent that applicable law does not permit shortening such periods, or to claims based on intentional acts of the Company.
13. Limitation of Liability
To the maximum extent permitted by applicable law, the Company is not liable for indirect, incidental or consequential losses, including loss of profit, loss of data and loss of goodwill.
The Company is not liable for losses caused by the actions of third parties, including exchanges and aggregators engaged to execute the Exchange; delays and specific features of blockchain networks; protocol and smart contract errors; market fluctuations; your errors; cyberattacks and unauthorised access to your devices; compliance with requirements of competent authorities; or force majeure.
Force majeure includes acts of public authorities, military action, natural disasters, power and communications outages, large-scale blockchain network failures, DDoS attacks, unavailability of exchanges and other parties engaged to execute the Exchange, and changes in law.
The Company's aggregate liability for all claims relating to a single Order is limited to the amount of the Company's fee for that Order.
14. Indemnification
You agree to indemnify the Company against losses, costs, fines and third-party claims arising from your breach of these Terms or of the law, the provision of false information, use of the Service from a jurisdiction listed in Section 11, or transactions involving assets of illegal origin.
Indemnifiable amounts include, among others, court costs, legal fees and penalties imposed on the Company.
This obligation survives the termination of your use of the Service.
15. Intellectual Property
All rights to the Service, including software, design, interfaces, texts, graphics, logos and trademarks, belong to the Company or are used on lawful grounds.
Using the Service does not grant you any rights to these items.
Without the Company's written consent, you may not copy or distribute materials of the Service, modify its software, reverse engineer it, use the Company's brand, or create derivative or competing products.
16. Changes to the Terms
The Company may amend these Terms. The current version is published on the Service with the date of the latest update.
Changes take effect upon publication. Continued use of the Service constitutes acceptance of the updated Terms.
An Order already created is governed by the version of the Terms in force at the time of its creation.
17. Requests from Competent Authorities
Requests from law enforcement and other competent authorities should be sent to compliance@swapuz.com.
To the maximum extent permitted by applicable law, the Company does not guarantee response times to such requests or the completeness and accuracy of the information provided, and is not liable for the consequences of complying with them.
18. Final Provisions
If any provision is held invalid, the remaining provisions remain in force.
Failure by the Company to exercise any right does not constitute a waiver of that right.
The Company may assign its rights and obligations under these Terms to a third party. You may not assign your rights without the Company's consent.
These Terms, together with the AML/KYC Policy and the Privacy Policy, constitute the entire agreement between the parties.
You are solely responsible for determining and fulfilling your tax obligations. The Company is not a tax agent.
The official channel for notices to you is the email address provided when creating the Order and notifications in the Service interface.
These Terms are drawn up in English. Translations are provided for convenience; in the event of any discrepancy, the English version prevails.
Sections 8, 9, 13, 14, 15 and 17 survive the termination of these Terms.
19. Contacts
Support: support@swapuz.com
Compliance and requests from competent authorities: compliance@swapuz.com