Rules

The proposed offer includes the basic terms and conditions that are the basis for the provision of services to customers by Swappa. Before using the company's services, the client must agree to each of the following terms and conditions. Only after full acceptance of these terms and conditions can the client start using the services provided. A complete list of Swappa's policies and procedures is available on this publicly accessible web resource.

Terms and conditions of services:

1. List of key terms, concepts and definitions.

1.1 Swappa Service (hereinafter - the Service) is engaged in providing services to individuals and legal entities for the sale, purchase or exchange of electronic money, using specialized software available at swappa.cc.

1.2 The Client is a natural person or a legal entity that has unconditionally accepted all the terms and conditions of this offer and uses the services of the Service.

1.3 The payment system is a software system created by third-party developers, which provides accounting of digital currencies, electronic funds and other financial obligations, as well as manages settlements between customers and other participants. In this contract, the main payment systems are: BTC, YouMoney, Payeer, QIWI, Perfect Money and others. A full list of all available payment systems is provided to both legal entities and individuals on the official website.

1.4 Electronic funds (digital currency) represent financial or other obligations arising between the creators of this currency and its users. These obligations are expressed in digital form.

1.5 Transactions (payments) are the movement of digital currency (electronic funds) from the account of the one who sends to the account of the one who receives.

1.6 An application represents the clear desire of the client to use the available services by agreeing to the terms and conditions of this offer. The user provides information and transmits it through a special electronic form on the website.

1.7. Initial electronic means are electronic means at the disposal of the user, which are intended to be sold or exchanged in order to receive another electronic currency or money in another form in return.

1.8. Received currency is the electronic money received by the user as a result of the exchange operation, after transferring his/her initial funds to the service.

1.9. Members are all users who agree to the rules set out in this contract and decide to use the services of Swappa, including the service itself.

1.10. Currency exchange is a transaction of electronic money exchange, for which different payment systems are used.

1.11. Currency reserves are electronic funds that are at the disposal of and available to users for exchange operations. Information on the current status of reserves is provided to each user on the “Reserves” page on the website.

1.12. The exchange rate is defined as the ratio of one electronic currency to another during the execution of an exchange operation.

1.13. The website address of the Service is swappa.cc.

2. About the subject matter of the agreement and the manner of its entry into force.

2.1 Under this agreement, users are provided with a number of services, including:

2.1.1 Exchanging one electronic currency for another or for money in another form.

2.1.2 The sale of electronic money.

2.1.3 Purchase of electronic money.

2.2 The User agrees to the terms and conditions of this agreement by performing the following actions:

2.2.1. By filling out the exchange request form and submitting it for execution.

2.2.2 Upon successful registration on the web platform.

2.3 By submitting an exchange request, the user confirms his/her agreement to the terms and conditions of the exchange and expresses his/her desire to use the services offered on the terms and conditions offered.

2.3.1. This agreement begins as soon as the client's funds are credited to the account, in order to then transfer the electronic currency or money, the amount of which is indicated in the conditions of the request.

2.3.2. As soon as the funds are credited to the client's specified details, this agreement automatically becomes null and void. The same happens when the user cancels the exchange request.

2.4 By accepting this agreement in electronic format, each of the parties thereby confirms its legal value equal to a similar agreement in writing.

2.5 Any changes to this agreement may be made without the need for mandatory notification of such changes to the client. However, this does not eliminate the obligation to publish the latest, up-to-date version of the agreement on the website.

3. Cost of services and subject matter of the agreement.

3.1 This agreement concerns the services that allow to purchase, alienate or exchange currency. of different payment systems electronically. All these operations can be carried out only at the request of the user and only after he unconditionally accepts all the terms and conditions of the agreement.

3.2 The user pays a commission fee for services, the provision of which takes place only after the user has agreed to the exchange. The amount of this commission is indicated in the exchange request.

3.3 The amount of the commission fee charged for the actions described above is displayed in the application in the form of an exchange rate and the user confirms it on one of the interface pages.

3.4. Information about the current exchange rate, exchange methods and the amount the user sends and receives can be obtained at the stage of filling out the application.

3.5. The service fee associated with the sale or purchase of electronic money or electronic assets is embedded in the exchange rate of each specific direction.

4. Terms and conditions for the provision of services to users.

4.1 The user's request to make an exchange of electronic money is equivalent to an order of services.

4.2 The web-interface available on the website provides an opportunity to control the exchange process and receive up-to-date information about the services provided.

4.3 User requests are processed strictly in accordance with the privacy policy described in section 5 of this agreement, as well as with the policy on combating illegal transactions and money laundering established in section 6 of this agreement.

4.4 All transactions with electronic funds are carried out according to the rules, regulations and formats established by the payment systems.

4.5 The completed transaction performed within the framework of the user's request is considered final and cannot be canceled by the client after the amount corresponding to the terms of the transaction has been received.

4.6 If more than 60 minutes have elapsed since the request was accepted and no funds have been received from the user, the agreement shall automatically terminate with the loss of its validity. We reserve the right to unilaterally terminate the Agreement without prior notice to the User.

4.7 Upon termination of the agreement, electronic funds received after the expiration of the specified period will be returned to the sender within the next 48 hours. During the refund process, all transfer fees will be deducted from the client's amount. The Service is not responsible for possible delays in the refund process, if they do not depend on its actions.

4.8 The agreement can be canceled by one of the parties in case the user has declared the amount of electronic currency, which differs from the amount actually transferred. Then we reserve the right to refuse to provide him with the service and return the funds transferred by him within 48 hours. In this case, all commissions will be deducted from the user's funds. Swappa shall not be liable for possible delays in refunds, unless they are caused by our actions.

4.9 If, within 48 hours of receipt of payment from the user, the equivalent amount is not sent to the details indicated by the user, and there are no grounds for blocking the electronic units received, he has the right to request the termination of the agreement by canceling his application and refunding the electronic units in full.

4.10. Satisfaction of all claims related to the cancellation of the request will be possible only if at the time of receipt of such claims the funds for the request have not been sent to the specified details of the User.

4.11. Upon receipt of a request from a customer to cancel an order, a refund will be made to the customer within 24 hours. We are not responsible for delays beyond our control.

4.12. In order to fulfill its obligations Swappa may engage outside employees.

4.13. We reserve the right to unilaterally terminate the transaction and return the funds to the user's account, subject to a fee. In this case, there is no obligation to notify the customer of the reason for the refusal to cancel the service.

4.14. In case of violation of this agreement by the client, the service has the right to refuse service.

4.15. The client will be notified of the denial of service by sending a notification by e-mail or online chat. In this case, the funds related to the request will be returned to the user within two days. Commission costs must be taken into account. Swappa is only liable for possible delays caused by its negligence in the case of the refund process.

4.16. Applications created by the user after a denial of service are automatically frozen and refunds are made within one calendar month.

4.17. We reserve the right to delay the execution of an exchange transaction if it is necessary to identify the identity of the customer. Recognition may be made by telephone call or other lawful methods in accordance with applicable law.

4.18. By confirming his intention to use our services, the client automatically confirms that all parties involved in the process of exchange, sale or purchase have legal ownership of the funds and that their receipt is not illegal.

4.19. If the tax legislation stipulates the payment of taxes or other fees, the user is obliged to pay them himself.

4.20. In case of user's transactions with ETH, LTC and BTC it should be taken into account that these requests will be executed only after successful confirmation of the transaction at least once.

4.21. By confirming the terms of this agreement, the user automatically declares that he/she is not connected to: transactions related to international trade prohibited by law; transactions related to illegal trafficking of narcotic substances; transactions involving income from terrorist and criminal activities; transactions related to money laundering activities; transactions involving income from any other illegal activities.

4.22. If a request to buy, sell or exchange a cryptocurrency is not confirmed for more than 8 hours due to the fault of the client, Swappa has the right to refund the client's funds by deducting the commission charged by the wallet of the respective cryptocurrency for which the transaction was made.

4.23. The Agreement may be unilaterally terminated if the client violates the rules of use.

4.23.1 The signs of violation of the rules of use by the user are determined by the service.

4.24. Unilateral termination of the agreement implies that the funds are returned to the client within 30 calendar days.

4.25. We do not accept payments from legal entities and requests paid on their behalf will be blocked.

5. Confidential Policy.

5.1 When conducting transactions of sale, purchase or exchange of electronic money or cryptocurrency we request personal data from the user. We undertake to store them in encrypted form, without transferring them into the hands of third parties, except in the cases specified in clauses 5.4, 5.5 and 6.5 of this agreement.

5.2 Transactions based on requests received from customers and their data are transmitted over an encrypted SSL channel using a 256-bit key.

5.3 Swappa is entitled to collect additional customer data on its own initiative, if necessary, using lawful means. However, the transfer of any collected user information into the hands of third parties will not take place, except as set out in clauses 5.4, 5.5 and 6.5 of this agreement.

5.4 Personal data of customers and details of their transactions may be transferred upon official requests in writing from law enforcement authorities, court orders or on Swappa's initiative. The confidential status of such data shall be maintained.

5.5 The details of a customer's transaction may be passed on at the official request of the Electronic Settlement System, if such request is for internal investigation.

5.6 The storage in the database of any data received from clients is for a period of 3 years, from the moment when the user made the last transaction. The same applies to the details of the transactions made by them.

6. Policy aimed at preventing money laundering and illegal transactions.

6.1 In accordance with current international legislation, a certain set of rules and procedures are followed in order to prevent the use of the platform for transactions aimed at money laundering. This includes transactions whose main purpose is to convert illegally obtained values into legal funds by returning them to the financial and economic market. Transactions of an illegal nature are also suppressed.

6.2 In order to successfully counteract illegal transactions, the following requirements are set for the applications submitted by users:

6.2.1 The requested payment must be received and sent to the same individual. Transfers in favor of third parties are prohibited.

6.2.2 All personal and contact information provided by the client in the application must be current at the time of submission. There should be no doubts about the reliability of these data.

6.2.3 Applications created by clients using anonymous connections will not be accepted. The creation of such requests is prohibited.

6.3 To prevent possible illegal transactions, the following measures are applied:

Limits are set on user transactions, which are affected by various factors, including the client's country of residence and degree of identification.

A proprietary system of auto-analysis of client actions and transactions is used. If suspicious transactions are detected, such transactions are immediately suspended.

An established policy is always followed whereby customer verification is carried out in order to “know your customer”.

It is mandatory to verify the information provided by users using all available methods described above.

6.4 We have the right to refuse to execute a customer's request and to freeze it if it is necessary to obtain from the customer copies of documents to prove his/her identity and documents on the legal origin of the funds. The request for these documents may arise in the following cases:

The Client has violated the conditions mentioned in clause 6.2. of this agreement.

Swappa management suspects that the user intends to use the service for the purpose of money laundering or illegal transactions.

The system preventing fraudulent transactions has suspended the execution of the user's request.

In such situations, the terms of obligatory submission of all required documents by the client are 7 working days from the moment when the request from the service was received, so that his/her application could be sent for execution again. In case of refusal to provide the required documents, the request will be canceled.

6.4.1 If the client does not agree to provide the documents requested, we have the right to refuse further service.

6.5 We have the right to refuse service to the client and independently transfer all information collected from him to law enforcement authorities, if:

Money laundering, terrorist financing or any other fraud has been detected.

There are suspicions of forgery of documents provided by the client.

Law enforcement and other authorized bodies have provided information that the client illegally possesses funds or other information that makes further execution of his/her application impossible.

The client's actions may be defined as aimed at causing damage, regardless of its nature - non-material, material (physical), etc. User's actions may be aimed at causing damage to the software system or an attempt to gain unauthorized access to the database with data.

6.6 Information received from customers will be verified using all available methods.

7. Limitation of Liability.

7.1 The provision of services is available 24 hours a day, seven days a week. However, it should be noted that Swappa is not a banking organization. The main purpose of the service is to provide high quality services to ensure smooth operation of the software system.

7.2 No additional guarantees are provided to clients. All services are provided “as is”.

7.3 By agreeing to use the service, the user automatically agrees that the liability to the user is limited to the amount of funds received from the user. We have no additional liability to the customer. The customer's liability to us is also limited. However, exceptions are set out in clause 7.9.

7.4 Our specialists make every effort to ensure that the service is available 24/7. However, its continuous operation cannot be guaranteed and the user is solely responsible for any losses that may occur in the event of inoperability.

7.5 Bank transactions and wire transfers may be subject to failures, errors and delays and Swappa shall not be liable for any losses incurred by the customer as a result of such problems.

7.6 Swappa shall also not be liable for lost profits and losses resulting from the customer's exaggerated expectations regarding exchange conditions and other subjective factors.

7.7 Responsibility for the client's mistake with the details and sending money to the wrong place is his own responsibility and not Swappa's.

7.8 The client is also responsible for the timely payment of fees and taxes in accordance with the laws of his state. Any notifications about them are not provided, as the service is not a tax agent.

7.9 In case the service makes claims and suits, the client is obliged to compensate for the losses caused, excluding the cases when the service itself is guilty of these losses.

7.10. The client undertakes not to carry out illegal and fraudulent transactions through the resource, and agrees that he will be liable in accordance with the law for any attempts to make such transactions.

7.11. The Customer warrants that it will not tamper with communication streams and will not tamper with software or hardware. Such actions, which may result in a work stoppage, are strictly prohibited.

7.12.If attempts to adversely affect communication flows or program code are detected by the client, a freeze and suspension of the application created by the client will be performed. Additional measures mentioned in clause 6.5 of this agreement will also be taken.

7.13. If the default of a party, be it the client or the service, is caused by force majeure, such as a terrorist attack, fire, flood, etc., neither party is liable for it.

7.14. The liability of electronic payment systems and financial institutions is limited to the amount transferred by the customer. Swappa is not a party to the agreement between the payment system and the customer and is not responsible for these obligations or how they are fulfilled.

7.15 By accepting the terms of this agreement, the user certifies that he or she is not a citizen of the United States or a tax resident of this state.

7.16. If the exchange transaction has already taken place and the funds are received by the service within 3 months after the creation of the application, these funds will become the property of Swappa and it will determine their further use.

7.17. If the funds are received, but the application for exchange is not formed, the service has the right to dispose of these funds at its own discretion.

7.18. If the client has mistakenly specified the details, he must provide the correct details within a period of 3 months for the application to be successfully completed. Otherwise, the funds become fully available to the service.

7.19. If there is a discrepancy between the amount specified by the customer in the application and the amount actually provided, we have the right to suspend the exchange. After the client's request, the exchange will be carried out at the exchange rate that was current at the moment the transaction was initiated.

8. Settlement of disputes and acceptance of claims.

8.1 Any disagreement between Swappa and the customer regarding the services shall be resolved by negotiation based on the provisions of this agreement.

8.1.1 All claims from customers shall be submitted electronically by sending a message concerning the dispute to the contact details provided (see “Contacts”).

8.2 If negotiations do not lead to a resolution of the conflict, the dispute shall continue to be resolved by the parties in accordance with the legislation in force at the address of registration.

9. Closing Clauses.

9.1 Swappa shall be entitled to send current data to customers to inform them about the exchange process and other information, including promotional information, to the e-mail address provided by them.

9.2 All proprietary information on the website is prohibited for unauthorized copying and is subject to protection under copyright law.

9.3 Acceptance of the current agreement automatically implies the customer's consent to the processing of personal data. The client gives permission to copy, systematize, store, clarify, accumulate, use, block and destroy the information provided.

9.4 If the user does not agree with the processing of personal data, his/her consent may be withdrawn at any time.

9.5 The User confirms that he/she is familiarized with and unconditionally accepts all provisions of this Agreement. If the user does not agree to these terms and conditions, the user may not use Swappa.