❗️Please read these terms and conditions carefully before using Our Service.
INTERPRETATION AND DEFINITIONS
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.
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.
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.
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.
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:
2. 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.
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.
4. 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
Address and proof of it
Video authentication during selfie authorization
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.
If Client’s turnover at Company account is over than EUR 15,000.00, Company asks to provide the Client’s source of funds.
5. 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.
6. FEES AND LIMITS POLICY
The Company reserves the right to revise its prices at any time prior to accepting an Order.
Our commission fee comes to 3.99% 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.
Minimum payment amount is 25 EUR or equivalent.
The limits for a verified Customers are the following:
Maximum transaction amount of 10 000 EUR
The daily limit per account 15 000 EUR
We will only ask you to increase your account limit if the order you placed puts you over your current limit. In this case, we will provide further instructions on increasing your limit directly in the widget.
Important note 1: The daily limit is counted not as a calendar day, from 00:00 till 23:59, but as 24 hours since purchasing.
Important note 2: Daily limits include all fees.
Important note 3: Currency limits are equivalent to the amount in EUR.
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.
8. 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.
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.
Customer also have the right to get a refund if you are unable to provide the requested additional verification documents within the stipulated period.
Notwithstanding the above, Swaps.app reserves the right to cancel the order without any refund, or decline any refund request, if it suspects that the Customer has or is engaged in, or has in any way been involved in, fraudulent or illegal activity.
To apply for a refund, you should notify Swaps by emailing [email protected] and filling a refund form.
10. 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.
To comply with anti-money laundering and terrorist financing regulations or any other regulations and to prevent prohibited conduct, all transactions/payments and other related information may be verified by Swaps.app. In such case, Swaps.app may request from the Client, at its sole discretion, to provide certain documents and information, including without limitation identification documents, copy of the credit card or bank details and/or any other proof required to review the transaction. In case the Client fails to provide appropriate documents or information, or in case of any doubts as to the authenticity of provided documents and information, Swaps. app shall be entitled to penalty fee in the amount of respective transaction.
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.
Our services cannot be used in countries from the list below:
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, FATF and EU commission recommendations.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
13. 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.
14. 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.
15. 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.
16. 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.
17. SUSPENSION OF SERVICE PROVISION. TERMINATION OF THE AGREEMENT
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 of the following measures:
suspend execution of transfers;
suspend provision of all or part of services to the Client;
limit Customer's access to the Account;
detain Customer's money which has caused a dispute;
fully or partially suspend Payment operations on the Account and/or the Payment instrument;
refuse to provide services;
return arrested funds on the Account of the Client to the primary sender of funds.
In case Company has reasonable suspicions that the Customer is engaged in money laundering, financing of terrorism or other criminal activity is processed, Company has the right to suspend provision of services without providing the Customer with explanation or notification until reasonable suspicions are fully denied or proved.
The Account and/or the Payment can be blocked at the initiative of the Customer if the Customer submits request to Company and informs Company that the Payment instrument of the Customer has been stolen or lost in another way, or money on the Account and/or the Payment instrument is used or may be used in another illegal manner.
Termination of the General agreement does not exempt the Customer from appropriate execution of all responsibilities to Company, which have arisen until the termination.
Swaps.app shall have the right to terminate any existing business relationships between Swaps.app and Customer and to close any existing Account without any prior notice, if:
the Customer has failed to furnish or has furnished false, incorrect or incomplete information regarding their identity or the origin of their funds;
the Customer is, or has been, connected with or suspicion arises to Swaps.app that the Customer is connected with money laundering and/or terrorist financing or performance of fraudulent activities;
Swaps.app has suspicion that the Customer is using, has used or has attempted to use the Account for conducting any unlawful activities, including for money laundering or terrorist financing related operations, as well as for any activities aimed at circumventing international sanctions, restrictions or prohibitions or national sanctions or any other restrictions;
Swaps.app is in possession of information about the Customer’s reputation which may have a direct or indirect impact on the operations of Swaps.app or may cause unfavourable implications for the Swaps.app;
Swaps.app supervisory authority, any government institution, international organization, bank partner urges termination of the business relationship with Customer;
The Customer does not submit to Swaps.app with the information requested by the Swaps.app or required under applicable laws;
The Customer is a subject of the Law on Prevention of Laundering of Proceeds Derived from Criminal Activities and Terrorist Financing and the Customer’s internal control system does not comply with the requirements of the legislation governing the area of anti-money laundering and terrorist financing prevention;
In other cases specified in the internal Swaps.app Policy.
18. 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.
19. "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.
20. GOVERNING LAW
21. 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.
22. 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.
23. SEVERABILITY AND WAIVER
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.
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.
24. 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.
25. 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.
26. CONTACT US
If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on our website: https://swaps.app .