Terms of Service

1.1. These Terms constitute a legal agreement between us ("DexSwap", "We", "Us", "Ourselves") and users, clients, visitors and others (without limitation), who access the Services (as defined below) ("User", "You", "Your").

1.2. The DexSwap services ("Service") refers to the services provided to you by DexSwap, which are offered through the dexswap.live website ("Website") and related applications.

1.3. DexSwap offers an exchange of cryptocurrencies ("Exchange"), based on an order ("Order") that was created by the User in the Service.

1.4. One of the parameters of the Order is the exchange rate type: fixed ("Fixed rate") or floating ("Float rate") type. Fixed rate involves locking the exchange rate: the User receives the exact amount displayed when creating the Exchange. Float rate implies the exchange rate changes depending on market conditions — the rate is finally set when the User's transaction receives the required number of blockchain network confirmations.

1.5. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1.6. If the User does not read and accept the Terms of Service, the User should not use or continue using the Services.

2.1. You hereby confirm that you are an individual, legal person or other organization with full capacity for civil rights and civil conduct when you use the Service. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or you have consent from your legal representative or guardian to use the Service.

2.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

2.3. To make an Exchange, the User must create an Order with a choice of direction, amount, type of exchange and an indication of the User's address, to which the funds should be received during the Exchange, and send funds to the address displayed on the Order page.

2.4. Only one transaction is allowed per Order address.

2.5. By choosing Fixed rate, you acknowledge and agree that DexSwap will execute the Exchange and send the exact amount displayed on the order page when it was created, provided the following conditions are met:

• You sent funds and the transaction entered the mempool or a block within 10 minutes from the moment the order was created.
• You sent the exact amount displayed on the Order page (not including network fees or withdrawal fees).
• The market rate from the moment the Order was created to the appearance of the transaction has not changed by more than 1.2%.

Otherwise, you will be offered the option to continue at the new market rate or request a refund minus the network commission.

2.6. By choosing Float rate, you acknowledge and agree that the exchange rates for Float rate type are approximate and change over time. The service fee and network fee are included in the final displayed rate. The exchange rate is finally set within 10 minutes after your transaction receives the required number of confirmations.

2.7. If the User's transaction does not arrive within 30 minutes for Float rate Orders or within 10 minutes for Fixed rate Orders, the Order automatically switches to "Order Expired" status. If funds are received before 24 hours have passed since creation, the User may choose to continue the Order at the current market rate or request a refund minus the network commission.

2.8. Sending a transaction on an Order after 24 hours has passed since its creation is a violation of the Exchange rules.

2.9. The minimum and maximum allowable amounts for Exchange are displayed on the main page. Sending an amount below the minimum limit is prohibited. When exceeding the maximum limit, the excess may be returned automatically.

2.10. When creating an Order, the User is fully responsible for the correctness of the chosen direction, the specified receiving address, the type of exchange rate and amount. DexSwap is not responsible if a transaction was sent to incorrectly specified details.

2.11. Sending funds in more than one transaction per Order is a violation of the Exchange rules.

2.12. You acknowledge and agree that you must send funds in a single transaction, in the same currency and blockchain network selected when creating the Order.

2.13. The Service provides non-custodial services, which means that we do not store your funds on deposits and balances.

2.14. We reserve the right to refuse service to anyone for any reason at any time.

2.15. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice.

3.1. Prices for our services are subject to change without notice.

3.2. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

3.3. The DexSwap commissions, as well as all the fees spent by the Service for sending transactions and consolidating the funds received from the User, are already included in the final exchange rate displayed when the exchange is created.

3.4. The number of transaction confirmations required varies by cryptocurrency and is subject to change at our discretion without notice.

Violation of the Exchange rules makes it impossible to automatically process and fulfill the Order. For each case of violation, the User must contact technical support and request manual processing. The User can contact support via email at support@dexswap.live.

4.1. Sending funds after 24 hours: The transaction will be attached to the Order within 24 hours after registration of the request. The User may choose to continue at the market rate or make a refund.

4.2. Sending two or more transactions: Only one transaction is processed per Order. Additional transactions will be processed (exchange at current rate or return minus network commission) within 24 hours of the request.

4.3. Sending funds below the limit: A refund form will be made available on the Order page. DexSwap reserves the right to refuse a refund for amounts below the minimum limit.

4.4. Sending funds above the limit: If automatic refund of the excess did not occur, the User must contact technical support. Refund is made within seven (7) days to the sending address.

4.5. Sending funds in wrong currency or network: If the correct currency/network is supported by the Service, the request will be processed within seven (7) days. If the currency/network is NOT supported, the request will be processed within thirty (30) days and the User can only request a refund if the amount exceeds $20 USD equivalent. Restoration fees apply.

4.6. Sending funds via third-party smart contracts: Such transactions are not automatically processed. The User must notify support and the transaction will be attached within seven (7) days.

5.1. DexSwap reserves the right to restrict or deny its services in certain countries.

5.2. Use of the Service is prohibited in countries where the usage of cryptocurrency or usage of the Service is forbidden by applicable law.

5.3. DexSwap reserves the right to use various methods to prevent the use of the Service by Users from prohibited jurisdictions. You must comply with this rule even if the methods to prevent use are ineffective or can be bypassed.

6.1. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content:

• For any unlawful purpose
• To solicit others to perform or participate in any unlawful acts
• To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track the personal information of others
• For sending spam, phishing, or using parsers to collect data from the site
• To interfere with or circumvent the security features of the Service

6.2. It is forbidden to use the service for laundering funds obtained by criminal means. If criminal funds are sent to our addresses, the funds may be frozen until information about the source and legality of the funds is received.

6.3. It is prohibited to send funds directly related to addresses or contracts that have been sanctioned by any country.

6.4. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

7.1. To make an Exchange, the User does not have to register or provide personal data. However, when the User sends funds clearly related to criminal activity, the Order may be suspended pending details about the origin of the funds.

7.2. DexSwap may determine a direct link to criminal activity based on information from partners, public sources, victim complaints, and law enforcement requests.

7.3. By accepting these Terms, you acknowledge and agree that the transaction you sent can be verified using the security system of the Service.

7.4. By accepting these Terms, you acknowledge and agree to provide full details of the origin of the funds upon request and confirm the honesty and legality of their receipt.

7.5. If you refuse to provide data about the origin of the funds sent, provide false data, or if the data confirms a connection to criminal activity, DexSwap has the right to freeze the funds for subsequent return to victims with the assistance of law enforcement agencies.

8.1. By accepting these Terms, you expressly allow DexSwap to process your personal data and export your personal data outside of the jurisdiction in which you reside or are located.

8.2. By accepting these Terms, you expressly allow DexSwap to process and store your personal data.

8.3. We are entitled to transfer certain User data (including IP addresses) to our business partners or governmental bodies at their request to facilitate the prevention and disclosure of prohibited or illegal actions.

8.4. Certain personal information provided to us is protected according to our Privacy Policy.

9.1. We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon as the sole basis for making decisions.

9.2. The Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time.

10.1. If, at our request or without a request, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any media any comments that you forward to us.

11.1. We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free.

11.2. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

11.3. In no case shall DexSwap be liable for lost profits, lost revenue, lost savings, loss of data or any similar damages.

THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTIES OR INDEMNITIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE AND SERVICES.

IF APPLICABLE LAWS DO NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAWS. YOU UNDERSTAND AND AGREE THAT IT IS YOUR OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO YOUR COUNTRY OF DOMICILE CONCERNING USE OF THE WEBSITE.

12.1. You agree to be solely responsible for any applicable taxes imposed under your tax residency regulations.

12.2. In no event shall we, our directors, members, employees or agents be liable for any loss resulting from hacking, tampering, virus transmission or other unauthorized access or use of the Services, your account, or any information contained therein.

12.3. You hereby agree to indemnify DexSwap, its officers, directors, employees, agents and affiliated entities from and against any claims, costs, losses, liabilities, damages, expenses and judgments arising out of or relating to any breach of your representations, warranties, or obligations set forth in these Terms, or your wrongful or improper use of the services.

12.4. You shall not have any claim against us for any failure to carry out our obligations under these Terms as a result of force majeure — causes beyond our control.

13.1. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.2. These Terms and any policies or operating rules posted on the Website constitutes the entire agreement and understanding between you and us.

13.3. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

14.1. You may be subject to certain tax implications when buying or selling digital assets.

14.2. You agree that DexSwap is not responsible for determining whether taxes apply to your Exchanges or for collecting, reporting, withholding or remitting any taxes arising from any transactions.

14.3. The User is responsible for compliance with the laws of the country in which they are located.

15.1. You can review the most current version of the Terms at any time on this page.

15.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes.

16.1. You acknowledge and agree that you are aware of the risks associated with transactions with digital currencies and their derivatives.

16.2. You acknowledge and agree that your use of the Service is at your own risk.

16.3. You assume all risks associated with transactions with digital currencies. DexSwap is not responsible for any such risks or adverse results.

17.1. DexSwap exclusively owns all rights, title, and interest in the "DEXSWAP" name, logo, the names of individual services and their logos, patents, copyrights, trademarks, trade secrets, and other intellectual property embodied by or contained on the Website.

17.2. You shall never use any DexSwap logos, marks or other intellectual property for commercial and public use without our express permission.

17.3. You shall not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise use any of the DexSwap logos, marks or intellectual property.

18.1. In connection with your use of the Service, you shall not:

• Breach these Terms or any policy approved by DexSwap
• Violate any law, statute, ordinance, or regulation
• Infringe DexSwap's or any third party's intellectual property rights
• Act in a manner that is defamatory, threatening or harassing
• Provide false, inaccurate or misleading information
• Engage in potentially fraudulent or suspicious activity and/or transactions

19.1. All disputes and disagreements that might arise from these Terms shall be resolved by means of negotiations.

19.2. You agree that for the purposes of the settlement of disputes, email correspondence with the authorized persons of DexSwap at support@dexswap.live shall be the effective and binding method of communication.

19.3. If the parties cannot agree within thirty (30) days, the dispute shall be referred to and finally resolved by the relevant court.

19.4. To the extent allowed by applicable law, you agree that you will bring any claim arising from or connected with these Terms within one (1) year from the date of which such claim arose. Otherwise such claims will be irrevocably waived.