Swapped Swaps ToS
Effective date: April 10, 2025
Last updated: October 20, 2026
These End User Terms of Service ("Terms") govern your access to and use of the Swaps crypto-to-crypto conversion service ("Swaps" or the "Service") made available by Swappedcom Inc., a Delaware corporation ("Swapped," "we," "us," or "our"). Swaps is made available to you through a third-party platform or application ("Merchant") that has integrated the Swaps API. By using Swaps, you agree to these Terms. If you do not agree, you must immediately stop using the Service.
Swapped may update these Terms from time to time. Changes will be effective when posted. Your continued use of Swaps after any changes constitutes your acceptance of the updated Terms.
ARBITRATION NOTICE AND CLASS ACTION WAIVER
By agreeing to these Terms, any disputes between you and Swapped will be resolved through binding individual arbitration. You waive any right to a jury trial or to participate in a class action. See Section 9 for details.
1. Eligibility
You must be at least eighteen (18) years old to use Swaps. By using the Service, you represent and warrant that you meet this age requirement and are legally capable of entering into a binding contract. You may not use Swaps on behalf of another person or entity unless you are duly authorized to do so.
2. What Swaps Is (and Is Not)
Swaps is a crypto-to-crypto conversion service. It allows you to exchange one supported cryptocurrency for another. Swaps is not a fiat-to-crypto or crypto-to-fiat service. Swapped does not:
hold or custody your funds or private keys;
operate a hosted wallet or user account on your behalf;
provide investment, financial, tax, or legal advice; or
review, monitor, or endorse any digital asset as to its legality, value, or suitability.
Swaps is delivered to you through a Merchant's platform. Swapped is not responsible for that platform's interface, disclosures, or customer support — those are the Merchant's responsibility.
3. How a Conversion Works
3.1 Initiating a Conversion
A "Conversion" is a transaction in which you exchange one supported cryptocurrency (your "Source Cryptocurrency") for another (your "Destination Cryptocurrency"). To initiate a Conversion, you will be provided a deposit address through the Merchant's platform. Once you send your Source Cryptocurrency to that address, Swapped will execute the Conversion and deliver your Destination Cryptocurrency to the wallet address you (or the Merchant on your behalf) have designated.
3.2 Quotes and Pricing
Quotes are indicative only and are valid for a limited time. The Conversion rate is not locked in when you receive a quote — it becomes final only once your Source Cryptocurrency transaction achieves at least one (1) blockchain confirmation. Rates may differ from the quote due to market movements.
3.3 Fees
Each Conversion includes two components of cost:
the Margin — a spread applied by Swapped to the prevailing market rate, representing Swapped's compensation for the Service; and
the Network Fee — the blockchain transaction fee required to deliver your Destination Cryptocurrency, deducted from the output amount you receive.
3.4 Minimum Transaction Amount
Conversions below a minimum notional value will be rejected or refunded. The minimum is equal to twice the Network Fee of the Destination Cryptocurrency plus EUR 0.01. If the Network Fee required to return your funds exceeds the value received, no refund will be made.
3.5 Irreversibility
All Conversions are final and irreversible once broadcast to the blockchain. Swapped has no ability to reverse blockchain transactions. You are solely responsible for providing accurate wallet addresses and ensuring you send funds on supported networks. Errors — including incorrect addresses or unsupported networks — may result in permanent loss of funds.
4. Your Responsibilities
By using Swaps, you represent, warrant, and agree that you will:
only use Swaps for lawful purposes and in compliance with all applicable laws and regulations;
provide accurate wallet addresses and ensure all cryptocurrency is sent on supported blockchain networks;
not initiate or facilitate Conversions on behalf of any sanctioned individual, entity, or jurisdiction;
not use Swaps in connection with fraud, money laundering, terrorist financing, ransomware, stolen funds, darknet markets, mixers, tumblers, or any other illicit or prohibited activity;
not attempt to circumvent Swapped's compliance, sanctions screening, or monitoring processes; and
cooperate with any compliance review or request for information from Swapped to the extent required by applicable law.
5. Sanctions and Prohibited Conduct
5.1 Sanctions Screening
Swapped screens all inbound funds and wallet addresses against global sanctions lists, including those administered by OFAC (US), the EU, the UN, and the UK, using blockchain analytics tools. Swapped may monitor transaction behavior and risk profiles at its discretion.
5.2 Blocked or Restricted Transactions
If Swapped determines that a Conversion involves or is associated with a sanctioned person, entity, or jurisdiction, or any prohibited activity, Swapped may freeze, block, or decline the transaction and file reports with relevant authorities. Swapped will notify you where legally permitted to do so.
5.3 Prohibited Jurisdictions
You may not use Swaps if you are located in, a resident of, or acting on behalf of a person or entity in any jurisdiction subject to comprehensive sanctions (including those administered by the US, EU, UK, or UN).
5.4 Prohibited Activities
Conversions associated with any of the following are strictly prohibited:
fraud, theft, scams, or unauthorized access to funds;
money laundering, terrorist financing, or corruption;
ransomware, extortion, or proceeds of crime;
darknet marketplaces or illicit online services;
mixers, tumblers, or tools designed to obscure transaction origin; or
any activity Swapped determines poses legal, regulatory, or compliance risk.
6. Digital Asset Risks
You acknowledge and accept the following risks inherent in using Swaps:
Digital asset values are highly volatile and may fluctuate significantly between the time you request a quote and when your Conversion is confirmed.
Blockchain transactions are irreversible. Errors in wallet addresses or network selection may result in permanent, unrecoverable loss of funds.
Swaps may be unavailable or delayed due to blockchain congestion, maintenance, market events, or other factors outside Swapped's control.
Swapped does not guarantee any specific exchange rate, execution speed, or liquidity for any digital asset.
Regulatory treatment of digital assets varies by jurisdiction and may change. You are responsible for understanding the legal status of digital assets in your location.
You are solely responsible for any taxes arising from your use of Swaps, including taxes on digital asset conversions or dispositions.
7. Disclaimers and Limitation of Liability
7.1 No Warranties
Swaps is provided on an "AS IS" and "AS AVAILABLE" basis. Swapped makes no warranties, express or implied, including as to uninterrupted access, accurate pricing, execution speed, or error-free performance.
7.2 Limitation of Liability
To the fullest extent permitted by law, Swapped is not liable for any indirect, incidental, special, punitive, or consequential damages, including loss of funds, loss of profits, or reputational harm. Swapped is not liable for losses arising from:
market volatility or rate changes between quote and execution;
incorrect wallet addresses, unsupported networks, or user error;
blockchain delays, failures, or irreversibility;
compliance actions, sanctions freezes, or law enforcement requests; or
failures of third-party infrastructure or the Merchant's platform.
Swapped's total liability to you for any claims arising in any 180-day period is limited to the fees Swapped retained from Conversions you processed in that period.
8. Termination and Service Changes
Swapped may modify, suspend, or discontinue Swaps or any supported digital asset at any time, with or without notice. Your access to Swaps may also be suspended or terminated if you breach these Terms or for legal, regulatory, compliance, or security reasons. Upon termination, any pending Conversion for which Swapped has already received funds will be completed or unwound as applicable.
9. Dispute Resolution and Arbitration
9.1 Binding Arbitration
Any dispute arising out of or relating to these Terms or your use of Swaps will be resolved through binding arbitration administered by the American Arbitration Association (AAA) before a single arbitrator. Arbitration will take place in Delaware and be conducted in English. All proceedings will be confidential.
9.2 No Class Actions
All claims must be brought individually. You waive any right to participate in class actions, collective proceedings, or consolidated arbitration. Either party may seek injunctive or equitable relief in a court of competent jurisdiction for matters relating to intellectual property or unauthorized use of the Service.
10. Privacy
10.1 Your Primary Privacy Relationship is with the Merchant Swaps is made available to you through a Merchant's platform. The Merchant is responsible for collecting, managing, and protecting your personal data in connection with your use of their platform. You should read the Merchant's privacy policy carefully before using Swaps. It governs how your personal data is handled, what rights you have, and who to contact with privacy requests.
Swapped is not responsible for the Merchant's data practices and makes no representations about how the Merchant processes your personal data.
10.2 Swapped's Independent Processing Swapped processes a limited amount of data independently and for its own purposes, specifically:
wallet addresses and transaction data submitted through the Merchant's integration, to execute and record Conversions; and
the same data, for Swapped's own compliance obligations — including sanctions screening, AML monitoring, and financial crime detection — under applicable law.
For this limited processing, Swapped acts as an independent data controller. Swapped does not use this data for marketing or any purpose unrelated to the operation and legal compliance of Swaps.
10.3 EU/EEA/UK Users — GDPR If you are located in the EU, EEA, or UK, you have rights under the General Data Protection Regulation (GDPR) or UK GDPR in respect of personal data that Swapped processes about you (as described in Section 10.2 above). These include the right to access, rectify, or request erasure of your data, to object to certain processing, and to lodge a complaint with your national data protection authority.
Note that many of these rights are subject to limitations where Swapped is required to retain or process data to comply with legal obligations — in particular, AML and sanctions record-keeping requirements mean transaction data must be retained for a minimum of five (5) years.
To exercise your rights in respect of Swapped's own processing, contact us at admin@swapped.com. For all other privacy matters, contact the Merchant directly.
10.4 Swapped's Privacy Policy For further information about Swapped's data practices, see our Privacy Policy at swapped.com/legal/privacy-policy.
11. Governing Law
11.1 Non-EU/EEA/UK Users If you are located outside the European Union, European Economic Area, and United Kingdom, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute not subject to arbitration under Section 9 will be heard exclusively by the courts located in Delaware, and you consent to personal jurisdiction and venue in those courts.
11.2 EU/EEA/UK Users If you are located in the European Union, European Economic Area, or United Kingdom, these Terms are governed by the laws of Denmark. Any dispute not subject to arbitration under Section 9 will be subject to the non-exclusive jurisdiction of the Danish courts.
Nothing in this Section limits any rights you have under the mandatory consumer protection laws of your country of residence. Where applicable EU or UK law provides you with rights that cannot be excluded or limited by contract — including under Rome I Regulation (EC) No 593/2008 or its UK equivalent — those rights are unaffected by these Terms.
12. General
Entire Agreement. These Terms constitute the entire agreement between you and Swapped regarding Swaps.
Severability. If any provision is found invalid, the remaining provisions continue in full force.
Force Majeure. Swapped is not liable for delays or failures caused by events outside its reasonable control.
Independent Parties. Swapped, and you are independent parties. These Terms do not create any partnership, agency, or joint venture.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
Effective date: November 20, 2025
Last updated: October 20, 2026
These Swaps API Terms of Service (“Terms”) form a legally binding agreement between Swappedcom Inc., a Delaware corporation with its registered address at 100 Summer Street, Suite 1600, Boston, Massachusetts, 02110 (“Swapped,” “we,” “us,” or “our”), and any third-party business, platform, or service provider (“Integrator,” “Merchant,” or “you”) who accesses, integrates, or uses Swapped’s Swaps crypto-to-crypto swap functionality via application programming interface (“API”).
The Swaps feature (“Swaps” or the “Service”) enables Merchants to allow their own end users (“End Users”) to perform digital asset conversions using the Swaps API. Swaps is not provided directly to consumers through swapped.com and is available exclusively via API to third-party platforms.
By accessing or integrating the Swaps API, you agree to these Terms. If you do not agree, you must immediately discontinue API use.
Swapped may update or modify these Terms from time to time. Changes will be effective when posted, unless otherwise stated. Your continued access or use of Swaps after any changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
ARBITRATION NOTICE AND CLASS ACTION WAIVER
By agreeing to these Terms, you agree that any disputes arising from or relating to Swaps will be resolved by binding individual arbitration, and you waive any right to a jury trial or to participate in a class action or similar proceeding. See Section 15 for details.
Eligibility and Authority.
You must be at least eighteen (18) years old and legally able to enter into binding contracts. If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and all references to “you” refer to that entity.
1. Definitions
Capitalized terms have the following meanings:
1.1 Swaps- The crypto-to-crypto swap functionality made available by Swapped, including all APIs, backend systems, quotes, pricing, operational processes, and delivery mechanisms used to execute digital asset conversions.
1.2 Conversion- A transaction whereby an End User exchanges one or more supported cryptocurrency (“Source Cryptocurrency”) for another supported cryptocurrency (“Destination Cryptocurrency”), executed using Swaps. A Conversion may involve only one Destination Cryptocurrency.
1.3 Destination Cryptocurrency- The cryptocurrency selected by an End User to receive in a Conversion. A Conversion may involve multiple Source Cryptocurrencies but only one Destination Cryptocurrency.
1.4 End User- Any person or entity using the Merchant’s platform to perform a Conversion. Swapped does not provide UI or direct consumer access.
1.5 Margin- The spread applied by Swapped to prevailing market exchange rates when generating a Conversion quote, representing Swapped’s compensation for the Service.
1.6 Network Fee: The expected blockchain transaction fee required to deliver the Destination Cryptocurrency to the End User’s wallet. This fee is deducted from the delivered output amount.
1.7 Minimum Transaction Amount means the minimum notional value required for a Conversion, equal to the sum of (a) twice the Network Fee of the Destination Cryptocurrency, plus (b) EUR 0.01.
1.8 Wallet Address: A blockchain address designated for sending or receiving cryptocurrency.
1.9 Sanctions Screening: The screening or analysis of transactions or wallet addresses using commercially reasonable blockchain analytics tools, including screening against sanctions lists issued by the United States, the European Union, the United Kingdom, the United Nations, and other applicable sanctions authorities.
2. Scope of the Service
2.1 Swaps is provided exclusively via API. It is not available on swapped.com and is not offered directly to consumers.
2.2 Swaps enables crypto-to-crypto swaps only and is non-custodial. Swapped does not provide hosted wallets, fiat services, or user accounts. Swapped does not hold or control any private keys and cannot recover or reverse blockchain transactions.
2.3 Merchants must build their own End- User interfaces, disclosures, instructions, and support systems.
2.4 Swapped may modify, update, or discontinue Swaps or specific supported assets at any time.
A list of supported cryptocurrencies can be found here: https://swapped.com/supported-cryptos
3. API License and Integration
3.1 Swapped grants Merchant a limited, non-exclusive, non-transferable, revocable license to use the Convert API and related documentation solely to enable Conversions for End Users. The Merchant may not sublicense, resell, or commercially exploit the API.
3.2 Restrictions.
Merchant may not:
(a) use the API in any manner that disrupts, harms, or interferes with the operation of Swaps;
(b) exceed documented or assigned rate limits;
(c) reverse engineer, decompile, or attempt to derive the source code or underlying components of the API;
(d) use the API to build or operate a competing crypto-conversion or swap service without Swapped’s prior written consent; or
(e) remove or obscure any proprietary notices or intellectual property rights associated with the API or documentation.
3.3 Merchant must secure API keys, maintain appropriate technical protections, and prevent unauthorized access. Any request, Conversion, or interaction initiated using the Merchant’s API credentials will be deemed authorized by the Merchant.
3.4 Merchant must implement API updates and changes within a reasonable timeframe. Swapped may update, modify, suspend or deprecate any part of the API, endpoint, or parameter at any time.
4. Pricing, Fees, and Quotes
4.1 Each Conversion includes a Margin applied to prevailing market exchange rates and a Network Fee deducted from the amount of Destination Cryptocurrency delivered to the End User.
4.2 By default, Merchants are not charged fees for the use of Swaps, and all applicable fees, including the Margin and Network Fee, are borne by End Users. However, Swapped may permit a Merchant, under a separate written agreement or amendment executed between Merchant and Swapped, to subsidize or assume responsibility for some or all of such fees. Any such subsidy arrangement will not modify these Terms unless expressly stated in that separate agreement.
4.3 Quotes generated by the API are time-limited and subject to market fluctuations. A quote represents indicative pricing at the moment it is generated and is valid only for the duration specified in the API response.
4.3.1 The Conversion rate is not locked in when the quote is generated. The rate becomes final only once the Source Cryptocurrency transaction has achieved at least one (1) confirmation on its relevant blockchain network.
4.4 Conversions with a notional value below the Minimum Transaction Amount will be rejected automatically or refunded to the originating address, subject to deduction of applicable Network Fees.
4.4.1 If the applicable Network Fees required to return the funds exceed the value of the cryptocurrency received, no refund will be made.
4.5 Swapped may modify or adjust the Margin at its discretion at any time and without prior notice, provided that Swapped shall provide Merchant with no less than thirty (30) days' prior written notice before any such modification takes effect. For the avoidance of doubt, any notice obligation under this Section is prospective only and does not restrict Swapped's ability to adjust Margins in response to extraordinary market conditions, regulatory requirements, or liquidity events.
4.6 End Users are solely responsible for any taxes that may arise from their individual use of Swaps, including taxes associated with digital asset dispositions or conversions. Merchant is solely responsible for any taxes applicable to its own business operations, including any taxes associated with subsidy arrangements, fees it elects to cover, or other commercial activity relating to its integration of Swaps.
5. Conversion Process
5.1 A Conversion begins when the Merchant creates a Conversion request through the API and provides the corresponding deposit address to the End User. Upon the End User sending the Source Cryptocurrency to that address, or authorizing the Merchant to send the Source Cryptocurrency to that address on the End User’s behalf, Swapped will execute the Conversion and deliver the Destination Cryptocurrency to the Wallet Address designated by the Merchant. The Merchant is solely responsible for validating the accuracy and compatibility of all End User Wallet Addresses.
5.2 If cryptocurrency is sent to any Swapped-designated deposit address without a corresponding Conversion request via the API, Swapped will refund the funds to the originating address approximately one hour (1) after receipt, minus applicable Network Fees, if a refund is technically feasible. Swapped has no obligation to execute a Conversion for funds sent without an associated API request.
5.3 If cryptocurrency is sent via an unsupported or incorrect blockchain network, recovery is not guaranteed. Where recovery is possible, Swapped may, at its sole discretion, return the recovered funds to the Merchant or to the originating address. Swapped will not be liable for losses resulting from deposits made on unsupported, incorrect networks, or with unsupported cryptocurrencies.
5.4 All Conversions are final and irreversible once they have been broadcasted to the relevant blockchain. Swapped has no ability to reverse blockchain transactions and bears no responsibility for losses arising from Merchant or End User errors, including incorrect Wallet Addresses or unsupported network deposits.
6. Merchant Responsibilities
6.1 Merchant is responsible for all End User-facing obligations, including:
(a) providing all communications, disclosures, instructions, and customer support relating to Swaps;
(b) ensuring pricing, quotes, Conversion amounts, and all representations about Swaps are accurate and not misleading;
(c) restricting access to individuals who are at least eighteen (18) years of age;
(d) complying with all applicable laws, regulations, and restrictions, including sanctions, anti-money laundering, counter-terrorist financing, fraud prevention, and consumer protection requirements;
(e) implementing and maintaining secure technical systems, reasonable cybersecurity measures, and secure handling of API keys and sensitive data;
(f) ensuring that no End User transactions are initiated, routed, or facilitated on behalf of sanctioned individuals, sanctioned entities, or addresses associated with prohibited jurisdictions;
(g) validating the accuracy and compatibility of all End User Wallet Addresses and ensuring that cryptocurrency is sent on supported networks only;
(h) bearing full responsibility for all End User interactions, user interface errors, wallet address errors, payment routing mistakes, miscommunications, and any claims arising between End Users and Merchant; and
(i) ensuring that Swaps is presented, marketed, and deployed in a manner consistent with these Terms and without implying endorsement or control by Swapped over the Merchant platform.
7. Sanctions, AML, Compliance, and Prohibited Use
7.1 Sanctions Screening and Monitoring.
Swapped conducts Sanctions Screening on all inbound funds and Wallet Addresses using blockchain analytics tools, internal compliance rules, global sanctions lists (including OFAC, UN, EU, and UK regimes), and indicators of illicit activity. Swapped may monitor transaction behavior and risk profiles at its discretion.
7.2 Sanctioned or Legally Restricted Activity.
If Swapped determines that funds, Wallet Addresses, transaction flows, or counterparties are associated with sanctioned persons, sanctioned entities, sanctioned jurisdictions, or designated high-risk sectors, Swapped may freeze, block, or otherwise restrict the relevant funds or transactions, decline or cancel the Conversion, and notify or file reports with the appropriate Financial Intelligence Unit or regulatory authority.
Where Swapped freezes, blocks, or restricts funds or a Conversion pursuant to this Section, Swapped shall notify Merchant as soon as reasonably practicable, except where such notification is prohibited by applicable law, a court order, or a direction from a regulatory or law enforcement authority (including where a suspicious activity report has been filed or is pending).
7.3 Prohibited Jurisdictions.
Merchant represents and warrants that it is not organized in, located in, or operating from any jurisdiction that is subject to comprehensive sanctions, and that it will not allow End Users located in such jurisdictions to access or use Swaps. Merchant further represents that it is not, and is not owned or controlled by, any sanctioned person or entity. Comprehensive sanctions include those administered or enforced by the United States, the United Kingdom, the European Union, the United Nations, or any other applicable sanctions authority.
7.4 Prohibited Conduct and High-Risk Activity.
Swapped may reject, suspend, or reverse any Conversion involving, or reasonably suspected to involve:
(a) fraud, theft, scams, or unauthorized access;
(b) money laundering, terrorist financing, corruption, or other financial crime;
(c) ransomware, extortion, or proceeds of criminal activity;
(d) darknet marketplaces or illicit online services;
(e) mixers, tumblers, or any tool or method intended to obscure transaction origin or asset provenance;
(f) stolen or hacked funds, exploit addresses, or other compromised assets; or
(g) any activity Swapped reasonably determines to pose a legal, regulatory, operational, or compliance risk.
7.5 Cooperation- Merchant must promptly cooperate with any Swapped compliance review or investigation, including providing transaction records, wallet information, and other relevant data to the extent legally permissible. Failure to cooperate may result in suspension or termination of access to Swaps. Any such cooperation obligation is limited to information reasonably necessary for Swapped to fulfil its own legal, regulatory, or compliance obligations, and does not require Merchant to disclose End User personal data except where required by applicable law or formal legal process.
7.6 Compliance Actions- Swapped is not liable for any losses, delays, freezes, or transaction denials resulting from sanctions screening, compliance reviews, law enforcement requests, or actions taken to comply with legal or regulatory obligations.
8. Service Availability
8.1 Swaps may experience interruptions or limitations due to maintenance, system updates, blockchain network congestion, protocol changes, market volatility, liquidity constraints, third-party infrastructure issues, internet or cloud service outages, or other events outside Swapped’s reasonable control, including force majeure events.
8.2 Swapped does not guarantee continuous availability, uninterrupted access, real-time execution, or specific blockchain confirmation speeds. Conversions may be delayed, paused, or fail to execute if market, network, or operational conditions prevent timely processing.
8.3 Swapped is not liable for any unavailability, delays, failures, or performance issues caused by blockchain networks, external systems, Merchant platforms, End User devices, or any third-party service providers.
9. Intellectual Property
9.1 All rights, title, and interest in and to Swaps, the API, associated software, documentation, code, backend systems, designs, trademarks, service marks, logos, trade names, and all related technology are and will remain the exclusive property of Swapped and its licensors. Except for the limited license granted in Section 3, no rights or licenses are granted, whether by implication, estoppel, or otherwise. Merchant may not copy, reproduce, distribute, modify, reverse engineer, disassemble, decompile, create derivative works of, or otherwise exploit any part of Swaps or the API.
9.2 Merchant may not use Swapped’s trademarks, service marks, or branding without Swapped’s prior written approval. Any unauthorized use of the Swapped marks is strictly prohibited and may constitute trademark infringement.
9.3 If Merchant or its personnel provide Swapped with ideas, suggestions, improvements, or feedback relating to Swaps or the API, Swapped may use such feedback freely and without obligation, and Merchant assigns to Swapped all rights in such feedback.
9.4 All rights not expressly granted in these Terms are reserved by Swapped.
10. Confidentiality
Each party may receive non-public, proprietary, or confidential information from the other in connection with these Terms. Such information must be protected with reasonable safeguards and used solely for purposes of performing obligations under these Terms. Neither party may disclose Confidential Information to any third party except as required by law, regulation, or legal process. Confidentiality obligations do not apply to information that becomes public through no fault of the receiving party, was independently developed without reference to the confidential material, or was lawfully obtained from a third party without restriction. These confidentiality obligations survive termination of the relationship.
11. Disclaimers and Assumption of Risk
11.1 Swaps is provided on an “AS IS” and “AS AVAILABLE” basis without warranties or representations of any kind, whether expressed or implied. Swapped does not guarantee uninterrupted access, accurate or up-to-date pricing, availability of liquidity, specific execution speeds, blockchain confirmation times, or error-free performance.
11.2 Digital asset transactions involve significant risks, including market volatility, blockchain-related delays, irreversible transfers, loss of funds due to user error, and dependency on external decentralized networks that Swapped does not control. Swapped does not review, monitor, or endorse any digital asset and makes no representation regarding any asset’s legality, value, or suitability for any purpose.
11.3 Merchant is solely responsible for ensuring that End Users understand these risks and for providing all necessary disclaimers or educational materials. Swapped does not provide investment, legal, tax, or financial advice.
12. Limitation of Liability
12.1 To the fullest extent permitted by law, Swapped is not liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, business interruption, data loss, reputational harm, or other indirect losses. Swapped is not liable for delays, failures, or losses arising from blockchain networks, market volatility, incorrect or incompatible Wallet Addresses, deposits sent on unsupported networks, sanctions or compliance actions, or failures of third-party service providers or infrastructure.
12.2 Swapped’s total cumulative liability to Merchant for all claims arising during any one hundred and eighty (180) day period is limited to the total fees paid or Margin retained by Swapped from Conversions processed for that Merchant during the same period. These limitations apply regardless of the legal theory asserted, even if Swapped has been advised of the possibility of such damages.
13. Indemnification
Merchant agrees to indemnify, defend, and hold harmless Swapped and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, penalties, or expenses (including reasonable attorneys’ fees) arising out of or related to:
(i) Merchant’s use or misuse of Swaps;
(ii) any breach of these Terms by Merchant;
(iii) inaccurate, incomplete, or incorrect Wallet Addresses or data supplied by Merchant;
(iv) disputes, claims, or issues between Merchant and any End User; or
(v) violations of sanctions, AML, or other applicable compliance obligations by Merchant or its End Users.
Notwithstanding the foregoing, Merchant shall have no obligation to indemnify Swapped to the extent that any claim, liability, damage, or loss arises directly from Swapped's own gross negligence, wilful misconduct, or material breach of these Terms.
13.1 This indemnity obligation survives the termination of these Terms.
14. Termination
Either party may terminate these Terms upon thirty (30) days’ written notice. Swapped may immediately suspend or terminate Merchant’s access to Swaps at any time if required for legal, regulatory, compliance, security, or breach-related reasons. Upon termination, Swapped will complete or unwind any Conversion for which it has already received cryptocurrency, and Merchant must immediately cease all use of the API and discontinue all related functionality.
15. Dispute Resolution and Arbitration
15.1 Any dispute or claim arising out of or relating to these Terms or the use of Swaps will be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) before a single arbitrator. Arbitration will take place in Delaware, unless the parties agree otherwise, and will be conducted in English. All proceedings will be confidential.
15.2 Claims must be brought individually, and the parties waive any right to participate in class actions, collective actions, or consolidated proceedings. Nothing in this Section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction for matters relating to intellectual property, confidentiality, or unauthorized use of the API.
15.3 By using Swaps, Merchant agrees that arbitration is the exclusive method of resolving disputes and waives any right to a jury trial or to bring claims in any other forum, except as expressly provided in this Section.
16. General Provisions
16.1 Governing Law: These Terms are governed by the State of Delaware law. These Terms and any dispute not subject to arbitration will be governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The courts located in Delaware will have exclusive jurisdiction over any matter not subject to arbitration, and the parties consent to personal jurisdiction and venue in those courts.
16.2 Entire Agreement: These Terms constitute the entire agreement between the parties regarding Swaps.
16.3 Assignment: Merchant may not assign rights or obligations without Swapped’s prior written consent.
16.4 Severability: Invalid provisions do not affect remaining terms.
16.5 Force Majeure: Swapped is not liable for delays caused by events beyond reasonable control.
16.6 Notices: Swapped may send notices electronically to Merchant’s registered email or dashboard. Electronic communications satisfy any legal requirement that such communications be in writing. Merchant is responsible for maintaining accurate contact information.
16.7 Independent Contractors: The parties are independent contractors and not partners, agents, or joint venturers
16.8 No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights. No End User or other third party has any right to enforce these Terms or bring claims against Swapped under them.
17. Privacy and Contact
Your use of Swaps is subject to the Swapped Privacy Policy, which is incorporated by reference into these Terms. Swapped’s Privacy Policy can be found here: https://swapped.com/legal/privacy-policy
If you have any questions regarding updates to our Terms of Use, please contact us at admin@swapped.com.