❗️Please read these terms and conditions carefully before using Our Service.

INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined in the “Definitions” section below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means the result of registration in the Swaps system with verified KYC during which personal data of the registered person is processed, checked and the first successful transaction is processed. If the first transaction is not processed, Company considers it as not finished onboarding and the result of registration meaning is User.

  • Country refers to: Estonia, EU

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Octo Liquidity OU, 14829050, Peetri tn 7-5, Põhja-Tallinna linnaosa, Tallinn, Harju maakond, 10415, License FVT 000398.

  • Mobile Platform means an application that is distributed by the Company through AppStore or Google Play.

  • Website Platform means a website that is operated by the Company and available at https://swaps.app.

  • Bot Platform means a software application that is distributed by the Company and is programmed to do certain tasks.

  • Platform means collective name that can refer to the Mobile, Website and Bot Platform.

  • Swaps means collective name that can refer to both the Platform and the Company.

  • Customer (hereinafter also referred to as “You”) means an individual from an age of 18+ up to 60, a company or other legal entity on behalf of which such individual that has read and agreed to this Terms of Use of Swaps and uses services of the company provided through the Mobile, Bot or Website Platforms.
    Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the Customer as you are the individual using the Service.

  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Orders mean a request by the Customer to purchase cryptocurrency from Company via the Platform, subjected to the terms and conditions of Company.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.

  • Service refers to any type of services connected with Platform provided by the Company.

  • Terms and Conditions (also referred as "Terms", “Terms of Use”, “Terms of Service”, “Agreement”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

ACKNOWLEDGMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all Customers regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, Customers and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You affirm that You are either at least 18 years of age and are fully able and competent:

  • to assume and to fulfil the obligations set forth in these Terms of Use,

  • to make representations and warranties set forth in these Terms of Use, and

  • to abide by and comply with these Terms of Use.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Platform and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

PLACING ORDERS FOR SERVICES

Platform makes it possible to convert fiat money to cryptocurrency and send it to a blockchain address.

By placing an Order through the Service, You warrant that You are legally capable of entering into binding contracts.

Account

Customer may only have one Account with the Company and only if it is legal to do so in Customer’s country of residence. All the other accounts except the initially created and verified one - are considered duplicates and cannot be verified and used.

By opening an Account the Customer represents and warrants to the Company that the opening of an Account does not violate any laws or regulations applicable to the Customer.

Customer’s Account is denominated in a currency of Customer’s choice, as selected by Customer from the available currencies.

In order to use the Account, Customer must first register the Account, by providing Customer’s information on the Platform. As part of the registration process Customer will need to accept this Agreement and Customer must have legal capacity to accept the same.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a Username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Your Information

If You wish to create an Account, You may be asked to supply certain information relevant to You including, without limitation,

  • Date of birth

  • Passport or National ID card

  • Name

  • Surname

  • Proof of address

  • video authentication during selfie authorization

  • email

  • bank card information (card number, CVC or CVV, card expire date, card holder Name and Surname) amounts sent and received, amounts paid for services.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) acceptable by the Platform in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Customer must ensure that the information recorded in the Account, as provided by the Customer to the Company during the registration process or at any time thereafter, is always accurate, truthful and up-to-date and Customer shall notify Customer promptly, but not later than within two weeks, of any changes to such information. As per The Company’s AML (Anti Money Laundering) / CFT (Combating the Financing of Terrorism) obligations and internal procedures, The Company may ask Customer at any time to confirm the accuracy of Customer’s information or to provide documents or other evidence.

It is strictly forbidden to use Customer’s Account for any illegal purposes, including, but not limited to, fraud and Money Laundering. The Company will report any suspicious activity to the appropriate law enforcement agency. Customer is prohibited from using Customer’s Account in an attempt to abuse, exploit or circumvent any restrictions imposed by the Company.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • You exceed the limit without verifying your account.

  • Your cryptocurrency wallet address does not pass through the transaction monitoring system or does not comply with our company’s anti-money laundering policy

  • You don’t have the sufficient amount to pay for your order on your bank card

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Fees and limits Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

Commission fee

  • Our commission fee comes to 4.99% of the transaction amount and is included in the final transaction amount for the Customer.

  • Swaps does not charge any fee when you receive cryptocurrency from another blockchain address.

  • Swaps doesn’t charge anything for registration. 1 Euro charge is temporary card prе-authorization to verify if you have entered valid card details. Normally, €1 returns to your account within a few minutes after the card verification.

Note: Other fees may be applied by the liquidity provider or the cardholder's bank.

Limits

  • Minimum payment amount is 50 EUR or equivalent.

  • Maximum purchase limit for unverified Customers is 1000 EUR or equivalent.

The limits for a verified Customers are the following:

  • Maximum transaction amount of 3000 EUR

  • Daily limit per account 3000 EUR

  • Weekly limit per account 21 000 EUR

  • Monthly limit per account 84 000 EUR

  • Number of card transactions per day: 3 cards.

  • Transaction limit per 1 card per month 84 000EUR

Current monthly and daily limits are available in your Swaps.

Important note 1: The daily limit is counted not as a calendar day, from 00:00 till 23:59, but as a 24-hour period since purchasing.

Important note 2: The monthly limit is counted as a 31-day period since purchasing, and not as a calendar month.

Important note 3: Daily and monthly limits include all fees.

Important note 4: Currency limits are equivalent to the amount in EUR.

If you have reached your daily/monthly limit, you can contact our customer support by leaving a message in our live chat at the bottom right corner or write an email to [email protected].

Payments

Payment can be made through payment methods, such as bank transfers with Visa and MasterCard (virtual, prepaid, debit, and credit cards).

It is forbidden to use another person's bank card.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for it.

Processing of Orders

E-mail messages sent to the Customer after each transaction inform the Customer about completed transaction.

We deliver the order as quickly as possible, but it all depends on the speed of operation of the cryptocurrency network.

The order is processed as soon as the payment is received, and the Customer get cryptocurrency almost instantly as well. Everything from ordering to processing takes between a few minutes up to a few hours. That timeline includes additional security checks conducted.

As soon as the order is processed and arrives in the Customer’s wallet, he/she will be notified. It is also possible to track the delivery in blockchain monitor by the link.

Note : Depending on the country you’re transacting from or the local transaction policies in your state, you might have to wait a bit longer than you expected to receive your cryptocurrency.

Swaps is not responsible for delays or failures in the handling of operations arising as a consequence of any problems in the telecommunications, computer and other systems; block or closure of the accounts, freezing or holding of funds, denial of service; change of political regimes, civil strike; and actions of third parties, which are beyond the control of the Platform.

The Order is considered to be completed when: (i) Swaps makes a transfer of the required cryptocurrency amount to the cryptocurrency wallet of the Customer

According to the policy on the return of digitally delivered goods, the return of the transferred funds is not possible after the Order is completed.

REFUNDS

The refund is provided only in exceptional cases, after carefully analysing the situation.

The process of fund recovery is difficult and unguaranteed because of how digital currencies work. The Customer should double-check his/her wallet address before finalising the transaction and should keep the wallet’s details secure at all times to prevent unsolicited access to his/her wallet and funds.

In case a person who is not a verified “user” made an unauthorized transaction to Swaps with your account and there’s citable evidence, we’ll send the refund back to the original financial source.

You also have the right to get a refund if you are unable to provide the requested additional verification documents within the stipulated period.

To apply for a refund, you should notify Swaps by emailing [email protected] and filling a refund form.

SWAPS.APP TELEGRAMBOT

We provide the ability to send, receive and securely store cryptocurrency in Swaps.app Telegram Bot .

Swapsapp_bot allows users to:

  1. Track wallet balance

  2. Buy crypto

  3. Deposit funds quickly and easily

  4. Withdraw funds

  5. Track reports

Telegram bot allows users to get messages when the balance of the wallet changes. This can be used for monitoring activity on a personal wallet.

In order to replenish an account from an external wallet, you will need to use the provided reusable address or QR code.

For the receipt of funds, three confirmations of the network are required.

Important note1: All deposits less than 0.00005 BTC will not be credited. Refunds are also not provided for these transactions.

Important note2: Our Telegram Bot is working on the servers of Telegram, and we are not responsible for safety of Customer’s Telegram Bot account.

PROHIBITED ACTIVITIES

The Customer, when using Company services, has no right to:

  • fail to observe the Agreement, valid legislation and other legal acts, including but not limited to, legal acts related to anti-money laundering and combating terrorist financing;

  • provide false, misleading or incorrect information to Swaps;

  • refuse to provide information reasonably requested by Swaps;

  • transfer and/or receive money acquired in illegal manner;

  • refuse to cooperate with Swaps in investigation of violations and identification of the Customer;

  • use the Account and other services of Swaps in a way which causes losses, responsibility or other negative legal consequences to Swaps or other third persons;

  • provide services which are prohibited by the law or conflict with public order and good morals;

  • disclose Passwords and other personalized safety features to third persons and allow other persons to use Services under the name of the Customer;

  • breach any law, statute, contract, regulation (including anti-money laundering);

  • access the Services from a country, where Services are not provided by Swaps;

  • use an anonymous account.

If Customer conducts or attempts to conduct any transaction in violation of the prohibitions contained in this Terms, The Company reserves the right to:

  • reverse the transaction; and/or

  • suspend transaction or suspend Customer’s Account; and/or

  • report the transaction to the appropriate law enforcement agency; and/or

  • claim damages from Customer;

The Customer shall reimburse all direct damages, fines and other monetary sanctions applied to Swaps due to failure to observe or violation due to the fault of the Customer.

RESTRICTIONS

Our services cannot be used in countries from the list below:

  • Afghanistan - AF

  • Moldova - MDA

  • Albania - AL

  • Morocco - MA

  • Algeria - DZ

  • Montenegro - MNE

  • Australia - AU

  • Myanmar - MM

  • Bahamas - BS

  • Namibia - NM

  • Bangladesh - BD

  • Nicaragua - NI

  • Barbados - BRDO

  • Oman - OM

  • Belarus - BY

  • Pakistan - PK

  • Bosnia and Herzegovina - BIH

  • Palestine - PS

  • Botswana - BW

  • Panama - PA

  • Burkina Faso - BF

  • Philippines - PH

  • Cambodia - KH

  • Puerto Rico

  • Central African Republic - CF

  • Qatar - QA

  • Congo-Brazzaville - CGB

  • Romania - RO

  • Congo-Kinshasa - CGK

  • Russian Federation - RF

  • Cuba - CU

  • Rwanda - RWA

  • Democratic Republic of Korea (North Korea) - KP

  • Samoa - SAM

  • Egypt - EG

  • Saudi Arabia - SA

  • Ethiopia - ET

  • Senegal - SN

  • Eritrea - ER

  • Serbia - SRB

  • Ghana - GH

  • Sierra Leone - SL

  • Guinea-Bissau - GW

  • Somalia - SO

  • Haiti - HT

  • South Sudan - SS

  • Iran - IR

  • Syria - SY

  • Iraq - IQ

  • Tajikistan - TJK

  • Jamaica - JM

  • Trinidad & Tobago - TT

  • Japan - JP

  • UAE

  • Jordan - JO

  • Uganda - UG

  • Kuwait - KW

  • Ukraine - UKR

  • Laos - LA

  • USA - US

  • Lebanon - LB

  • Venezuela - VEN

  • Liberia - LI

  • Vietnam - VN

  • Libya - LY

  • Virgin Islands (U.S)

  • Mali - ML

  • Yemen - YE

  • Mauritius - MU

  • Zimbabwe - ZW

In addition, please note that our payment gateway might not be able to process some bank cards based on your country/state and their policies towards cryptocurrency transactions.

Country list may change according to the AML country risks and FATF recommendations.

PROMOTIONS

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

COPYRIGHT POLICY

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Platform infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] . and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

INTELLECTUAL PROPERTY

The Platform and its original content (excluding Content provided by You or other Customers), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Platform is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

YOUR FEEDBACK TO US

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

LINKS TO OTHER WEBSITES

Our Platform may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

TERMINATION

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some countries or states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" AND "AS AVAILABLE" DISCLAIMER

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) any inaccuracy, defect, or omission of cryptocurrency price data, (ii) any error or delay in the transmission of such data, or (iii) interruption in any such data. or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

You agree to indemnify and hold harmless Company, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages connected to (i) your use of the Services, (ii) your violation of these Terms and Conditions, or (iii) your violation of other policies, guidelines or instructions of Company, or (iv) your violation of any applicable law, regulation, or rights of any third party during your use of the Services.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a Customer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

GOVERNING LAW

The laws of Estonia, EU excluding its conflicts of law rules, shall govern this Terms of Use, Your use of the Service.

DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If the dispute is not resolved informally, then You expressly consent to arbitration.

You agree that any dispute arising out of, concerning, or involving the interpretation, construction, or meaning of any provision of this Terms of Use, and the Privacy Policy that is not resolved through negotiation shall be submitted to arbitration in The Court of Arbitration of the Estonian Chamber of Commerce and Industry. You shall use Your best efforts to promptly schedule and conduct the hearings before such arbitrators, with a view toward concluding such arbitration proceedings not later than ninety (90) days from the first submission of the dispute to arbitration. You hereby agree that an arbitrator duly appointed to resolve disputes between us as per this Agreement or appointed by a court shall have the authority to stay any and all enforcement proceedings commenced in any court. In connection with any arbitration pursuant to this section, the arbitrators shall, as part of their award, allocate the costs of the arbitration, including all fees of the arbitrators, the cost of any transcripts, and the Parties’ reasonable attorneys’ fees, based upon and taking into account the arbitrators’ determination of the merits and good faith of the claims and defenses in the subject proceeding. Any process or other papers hereunder may be served by registered or certified mail, return receipt requested, or by personal service, provided that a reasonable time for appearance or response is allowed. Any award shall be final and not subject to appeal, and You hereby waive all challenge to any award by the arbitrators under this section. The decision of the arbitrators shall be final and binding and may be presented for enforcement in any court of competent jurisdiction. In any such enforcement action, irrespective of where it is brought, You will not (and You hereby waive any right to) seek to invalidate or modify the decision of the arbitrators or otherwise to invalidate or circumvent the procedures set forth in this section.

FOR EUROPEAN UNION (EU) CUSTOMERS

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

SEVERABILITY AND WAIVER

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if We have made them available to You on our Platform. You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Platform and the Service.

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

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