By accessing or using the services provided by swap.coffee (the “Services”), you agree to comply with and be bound by these Terms of Use (the “Terms”) as it may be amended from time to time. If you do not agree to these Terms, please do not access or use the Services.

IMPORTANT NOTICE REGARDING ARBITRATION: THESE TERMS CONTAIN ADDITIONAL PROVISIONS APPLICABLE ONLY TO YOU. WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND swap.coffee THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 5 BELOW FOR DETAILS REGARDING ARBITRATION.

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1. Acceptance of Terms

By accessing or using the services provided by swap.coffee (the “Services”), you agree to comply with and be bound by these Terms of Use (the “Terms”) as it may be amended from time to time. If you do not agree to these Terms, please do not access or use the Services.

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2. Eligibility and Access

You must be at least 18 years of age or the age of legal majority in your jurisdiction.

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2.2 Prohibited Jurisdictions

If you are residing in, located in, or accessing the Services from jurisdictions where the Services are prohibited, including but not limited to the United States of America, you are not allowed to use the Services.

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2.3 Compliance

You must comply with all applicable laws and regulations and are solely responsible for understanding the legal status of the Services in your jurisdiction.

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2.4 Authority

You must have the full right, power, and authority to enter into and comply with these Terms on behalf of yourself and any party for which you may access or use the Services. Furthermore, the Services are not available to any user previously removed from the Services by us.

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3. Your Responsibilities, Conduct, and Liability

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3.1 Knowledge Acquisition

You are responsible for acquiring adequate knowledge of blockchain technology, smart contracts, and the Services, and for understanding the risks involved.

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3.2 Security of Credentials

You must secure your private keys, passwords, and any other credentials used to access the Services.

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3.3 Lawful Use

You must use the Services for lawful purposes only and must not engage in any activities that could harm the Services or other users.

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3.4 Accuracy of Information

You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that swap.coffee is not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services, for instance, if you mistype a recipient’s username or otherwise provide incorrect information. You agree to review your transactions carefully before completing them via the Services.

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3.5 Prohibited Actions

You must not misuse the Services by knowingly introducing material that is malicious or technologically harmful. If you do, your right to use the Services will cease immediately.

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3.6 Tax Obligations

You are solely responsible for determining and paying any taxes, levies, or similar governmental assessments of any nature (collectively, “Taxes”) associated with your use of the Services. By using the Services, you agree not to hold us liable for any tax liability associated with or arising from your access or use of the Services or any other action or transaction related thereto.

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3.7 Prohibited Activities

You agree not to do any of the following:

  • Use, display, mirror, or frame the Services or any individual element within the Services, the swap.coffee’s name, trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without swap.coffee’s express written consent;
  • Access, tamper with, or use non-public areas of the Services, swap.coffee’s computer systems, or the technical delivery systems of swap.coffee’s providers;
  • Attempt to probe, scan, or test the vulnerability of the Services, or any swap.coffee system or network, or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by swap.coffee or any of swap.coffee’s providers or any other third party (including another user) to protect the Services;
  • Attempt to access or search the Services or download any information from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by swap.coffee or available through the Services;
  • Use or access the Services for the purpose of sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a swap.coffee trademark, logo URL, or name without swap.coffee’s express written consent;
  • Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Use the Services for activities that are unlawful or fraudulent or have such purpose or effect or otherwise support any activities that breach applicable local, national, or international law or regulations;
  • Use the Services or interact with the Services in a manner that violates any law or regulation, including, without limitation, any applicable export control laws; or
  • Encourage or enable any other individual to do any of the foregoing.

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3.8 Indemnification

You will indemnify and hold swap.coffee and its officers, directors, employees, and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, or (b) your violation of these Terms. You agree that you will be liable for any losses sustained by us as a result of your breach of these Terms and will compensate us in full for any such losses. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us in the defense of such matter. The indemnity set out in this clause is in addition to, and not in lieu of, any other remedies that may be available to us under applicable law.

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4. Intellectual Property Rights

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4.1 Ownership

All intellectual property rights in the Services, including but not limited to trademarks, copyrights, and patents, are owned by swap.coffee or its licensors, and the rights in the Services are only licensed to you. You acknowledge that you do not acquire any ownership rights by accessing or using the Services, or any portion thereof.

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4.2 Restrictions

You may not copy, modify, distribute, or reverse engineer any part of the Services or its content without express written permission from swap.coffee.

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4.3 Open Source Software

The Services may contain code, commonly referred to as open-source software, which is distributed under open-source license terms, including terms that allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (“Open Source Software”). To the extent that the Services contain any Open Source Software, that element only is licensed to you under the relevant license terms of the applicable third-party licensor (“Open Source License Terms”) and not under these Terms, and you accept and agree to be bound by such Open Source License Terms.

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5. Dispute Resolution and Governing Law

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5.1 Arbitration

Any disputes arising from these Terms or the use of the Services shall be resolved through binding arbitration under the rules of the International Chamber of Commerce, in London, United Kingdom.

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5.2 Governing Law

These Terms are governed by the laws of the United Kingdom, without regard to its conflict of law principles.

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5.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class action lawsuits.

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6. Limitations of Liability and Disclaimers

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6.1 No Warranties

Except as set out in these Terms, we do not warrant, represent, or guarantee that the Services will be accurate, complete, correct, reliable, fit for purpose, secure, or free from weaknesses, vulnerabilities, or bugs. You understand and accept that you use the Services at your own risk.

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6.2 “As Is” Provision

To the fullest extent permitted by law, we provide the Services to you “as is” and “as available” without any warranty, representation, or assurance (whether express or implied) in relation to merchantability, fitness for a particular purpose, availability, security, title, or non-infringement.

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6.3 Changes to Services

We reserve the right to change the format and features of the Services by making any updates to Services or, where your device settings permit it, by automatic delivery of updates.

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6.4 Discontinuation

We may cease to provide and/or update content to the Services, with or without notice to you, if it improves the Services we provide to you, or we need to do so for security, legal, or any other reasons.

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6.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER swap.coffee NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT USER OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL swap.coffee’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO swap.coffee, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN swap.coffee AND YOU.

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6.6 Security Disclaimer

We do not guarantee that the Services will be secure or free from bugs, security vulnerabilities, or viruses. You are responsible for configuring your information technology and computer programs to access the Services and to use your own virus protection software. If you become aware of any exploits, bugs, or vulnerabilities, please let us know at: support@swap.coffee.

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6.7 Third-Party Dependencies

The Services rely in part on third-party and open-source software, including the TON network or any other supported network, and the continued development and support by third parties. There is no assurance or guarantee that those third parties will maintain their support of their software or that open-source software will continue to be maintained. This may have a material adverse effect on the Services. We do not own or control the TON network or any other supported network. The TON network, along with any other supported network, may be subject to changes (e.g., forks), and such changes may materially impact the function, value, or name of digital assets. You acknowledge and agree that:

  • We are not responsible for the operation of any supported network and we make no guarantee of their functionality, security, or availability; and
  • We may temporarily or permanently discontinue support of any supported network.

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6.8 Third-Party Services

In connection with your use of the Services, you may be offered or made aware of services, content, features, products, third-party applications, offers, and promotions provided by third parties (collectively, “Third-Party Services”). Our inclusion or promotion of Third-Party Services does not reflect a sponsorship, endorsement, approval, or verification by us. Your use, access, and exchange of data with any Third-Party Services is at your own risk and subject to terms and conditions between you and the provider of the Third-Party Services. We do not warrant any Third-Party Services in any way.

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7. Amendments and Termination

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7.1 Changes to Terms

From time to time, we may change these Terms. If we do this, then we will publish those changes on the website https://swap.coffee. It is important that you review these Terms each time you use or access the Services. If you continue to use or access the Services after we have posted updated Terms, it means that you accept and agree to the changes, and you will be bound by those new terms the next time you use the Services. If you do not agree to any changes, you must not access or use the Services. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

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7.2 Termination

swap.coffee may terminate or suspend access to the Services at any time, without prior notice, for conduct that violates these Terms or is harmful to other users of the Services, swap.coffee, or third parties, or for any other reason.

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8. Contact Information

For inquiries, concerns, or disputes, please contact us at:

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9. Final Provisions

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9.1 Monitoring and Compliance

Although we are not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

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9.2 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

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9.3 No Waiver

swap.coffee’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of swap.coffee. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

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9.4 Third-Party Rights

Unless it expressly states otherwise, these Terms do not give rise to any third-party rights, which may be enforced against us.

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9.5 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without swap.coffee’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. swap.coffee may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

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9.6 Entire Agreement

These Terms, along with any documents referenced herein, constitute the entire agreement between you and swap.coffee regarding the access and use of the Service.

Last Reviewed: 27.11.2024

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