Terms of Service

SwapKit, Inc.

Terms of Service

Last Modified: 8.12.24

These Terms of Service, together with the SwapKit API License and Privacy & Data Policy (collectively the “Terms”), govern the terms and conditions your access to and use of the Site and materials published thereon, the SwapKit API, and the SwapKit SDK, and constitute a binding legal agreement between each individual, entity, group or association who views, interacts, links to, or otherwise uses or derives any benefit from the Site (as defined below) and Services (as defined below) (“you”, “User” or, collectively, the “Users”) located at: https://swapkit.dev/ (the “Site”) and SwapKit, Inc., a Delaware corporation (together with its affiliates “SwapKit,” “we,” or “us”) throughout these Terms, and each of its successors and/or assigns. Where you enter into these Terms on behalf of a legal entity or organization you represent and warrant that you have the authority to bind such legal entity or organization to these Terms (for the avoidance of doubt, for purposes of this Agreement, “you”, “User” or collectively, the “Users” shall include the entity or organization that the Terms are entered into behalf of or that derives benefit from the website or Services).

YOU MUST READ THIS AGREEMENT, SWAPKIT API LICENSE, AND SWAPKIT PRIVACY & DATA POLICY CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY OR OTHER PARTY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE SERVICES ARE NOT OFFERED TO RESTRICTED PERSONS (AS DEFINED BELOW) OR PERSONS WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW). MOREOVER, USERS OFFERING AN APPLICATION WHICH USES OR INTEGRATES THE SERVICES UNDERTAKE TO ENSURE THAT THEIR APPLICATION IS NOT OFFERED TO RESTRICTED PERSONS OR RESTRICTED TERRITORIES.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SEE THE “DISPUTES” SECTION BELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Please contact us at [email protected] for any questions or issues you may have with respect to these Terms.

1. About the Site & Services.

SwapKit’s SDK gives you the tools to integrate a suite of third-party blockchain-based tools, products, and services natively into their own applications or products via our API, allowing your own end-users, whether internal team members or commercial clients (such end-users herein referred to as “Customers”) to interact with thousands of blockchain-native assets across a wide variety of blockchain, including native cross-chain functionality and a User dashboard allowing you to easily set your own fees, restrictions, and other variables with respect to your integration (such SDK, API, associated smart contracts and proprietary infrastructure, and User management dashboard are collectively referred to herein as the “Services”, and each application or product with which you use or integrate the Services, an “Application”).

You can learn more about the Services and how they work at https://swapkit.dev/, including detailed developer documentation and guidance on integration.

When using the Services, you will be required to select either the “Standard Plan” or “Bespoke Plan.” The Standard Plan is our “do it yourself” option, and gives you access to our SDK, base fee model, and API license access. Our Bespoke Plans are tailored to your needs, and may include hands-on initial integration support, ongoing customer support commitments, premium fee collection services, uptime guarantees, or other additional or different terms from those embodied in these Terms. If you’d like to learn more about a Bespoke Plan that fits your needs, please reach out to us at https://swapkit.dev/ or [email protected].

SwapKit shall have the right at any time to change or discontinue any aspect or feature of the SwapKit Service, including, but not limited to, content, access, or use. Unless otherwise specified in this or another written agreement between you and SwapKit, SwapKit reserves the right to terminate your access to the SwapKit Services at any time, without notice, for any reason whatsoever, and shall automatically do so in event of your violation of these Terms, and you agree that SwapKit will not be liable to you or any third party (including, without limitation, your Customers) for any such termination, suspension, or modification of your access to the SwapKit Services.

Unless otherwise specified in your Bespoke Plan Agreement, the blockchain-operated smart contracts underlying the Services will automatically collect a fee on behalf of SwapKit with respect to certain transactions submitted by you or your Customers using the Services. To learn more about our fees, how we collect them, and our subscription models, please refer to the SwapKit API License and fee schedule published at https://swapkit.dev/. SwapKit may change its fee structure at any time, for any reason. Note that SwapKit is not responsible for any applicable gas or network transaction fees charged by the underlying network or blockchain.

2. SwapKit’s Role.

SwapKit provides software developer kits, API access, and supporting documentation to developers like you who want to build Applications for their Customers or own internal use. SwapKit is not acting as your or your Customers’ financial, legal, or tax advisor and you must not regard us as acting in that capacity, nor do we have responsibility or control over your Customers’ use of the Services through your Application. Nothing contained in the SwapKit Services or any other content on the Site constitutes a solicitation, recommendation, endorsement, or offer by SwapKit to buy or sell any securities or other financial instruments. You should consult your own independent professional advisors before integrating the SwapKit Services in your Application or offering such an Application to your Customers.

Given the nature of blockchain-based Digital Assets and the third-party tools to which the Services allow access, SwapKit is unable to guarantee that any Services will function or otherwise be accessible or that all SwapKit Services will operate as intended. Accordingly, SwapKit cannot be held liable if Digital Assets or SwapKit Services cease to function, or never function, as intended due to errors that may occur on the underlying blockchain that the Digital Assets or SwapKit Services depend upon, or errors with storage solutions for the Digital Assets or other SwapKit Services, or upon the proper operation of the third-party tools operating on those blockchains. In particular, SwapKit cannot be held liable for errors related to decentralized storage solutions that may be employed by Users, SwapKit, and other third-party affiliates that may occur and result in the inability to access Digital Assets or SwapKit Services or may otherwise impair the foregoing.

SwapKit is not a wallet provider, exchange, broker, financial institution, or money services business. We do not have custody or control over any Digital Assets or blockchains you and your Customers interact with and we do not execute purchases, transfers, or sales of Digital Assets or validations of Digital Asset transactions conducted by you or your Customers using an Application created using the Services.

Please note that SwapKit bears no responsibility for the functionality or integrity of any underlying blockchain, decentralized storage solution, or distributed ledger network associated with any Digital Assets relating to the SwapKit Services or any Application. Similarly, SwapKit cannot guarantee the functionality of any SwapKit Services or Application that are impacted by third parties that SwapKit may work with or which SwapKit, an Application, or the Services may depend upon.

3. Electronic Informed Consent.

SwapKit may, from time to time, ask you to accept these Terms, along with other online agreements and disclosures. By providing your acceptance, you will be providing your electronic informed consent that will affirm:

• You understand and intend that these Terms of Service comprise a legally binding agreement and are equivalent to a signed written contract; and

• You will use the Site and the Services in a manner consistent with applicable laws and regulations, and in accordance with the terms and conditions of these Terms of Service and any other applicable rules, guidelines or other conditions that govern the use of a particular service or site.

4. User Eligibility.

As a condition to accessing Site, using the Services, or building or offering an Application, you represent, warrant, and agree to and with SwapKit the following as of both the date you access the Site and as of each time you utilize the Services, whether directly or through your offer of an Application to your Customers:

(a) if an individual, you are at least the age of majority in your jurisdiction;

(b) if an entity, you are duly organized, authorized, and in good standing to do business in your jurisdiction of incorporation and places of business, respectively, and are in material compliance with all applicable law;

(c) you are not a resident, citizen, national, incorporated or organized in, have a registered office in or are an agent of Belarus, Burma (Myanmar), Cote D'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, Zimbabwe, or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (any such person or entity, a “Restricted Person”);

(d) you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the Australian government, the European Union, any other government or the United Nations.

(e) you do not intend to transact or facilitate any transaction with, for or on behalf of any Restricted Person or Sanctions List Person, including indirectly through integration of the Services;

(f) you are not owned or controlled, directly or indirectly, by any Restricted Person or Sanctions List Person, or any person that is located in, ordinarily resident in, or organized under the laws of, any Restricted Territory; and, to the best of your knowledge, the foregoing applies to the Customers of your Application;

(g) none of your officers, managers, directors, shareholders or authorized representatives is a Restricted Person or Sanctions List Person, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; and, to the best of your knowledge, the foregoing applies to the Customers of your Application;

(h) to the best of your knowledge, you only will submit or facilitate transactions in legally-obtained Digital Assets in connection with using the Services or offering an Application;

(i) you shall maintain the security and confidentiality of your private keys associated with any blockchain technology (defined below) address, passwords, and API Keys;

(j) your access to the Site, use of the Services, and offer of any Application is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over SwapKit, you, the Services or any related Digital Asset protocol, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Law”); and (b) contributing to or facilitating any illegal activity;

(k) you will obey all Applicable Law in connection with using the Services and offering any Application, and you will not use the Services or offer any Application if any Applicable Law prohibits you from doing so;

(l) you have sufficient technical knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of utilizing the Services and about Digital Assets generally and you understand the inherent risks associated with building Applications that involve both blockchain technology and the SwapKit API;

(m) you accept all consequences of using the Services, including the inherent risks of transacting in and providing services in connection with Digital Assets to your Customers through your Application;

(n) you have conducted an independent investigation of the Services and matters contemplated by these Terms, have formed your own independent judgement regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making its determination to enter this Agreement, you have relied solely on the results of such investigation and such independent judgement. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, SwapKit, in determining to enter into this Agreement and integrating with the Services or offering an Application. You are solely responsible for evaluating and understanding any risks related to any activities relating to the Services;

(o) you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to your obligations under these Terms or for any use of the Services, including without limitation those relevant to the offer to or use of your Application by your Customers.

5. User & Customer Conduct.

We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license for the duration of these Terms to access and use the Site and Services subject entirely to provisions of these Terms and Applicable Law, including our Privacy & Data Policy and, with respect to your use of the Services, the additional terms and restrictions in the API License Agreement. Our grant of such license is subject to the following conditions and agreements:

• Applicable Law: You acknowledge and agree that you are solely responsible for and have taken steps to ensure that your access and use of the Site and the SwapKit Services, including those of your Customers’ use of the Application, in your country, territory or jurisdiction of location, residency, citizenship, organization, incorporation, or operation does not violate any Applicable Law.

• Unlawful Activity: You agree not to engage, or assist, in any activity that violates any Applicable Law, including (but not limited) sanctions programs such as the United States of America (“U.S.”) Department of Treasury’s Office of Foreign Assets Control, or that involves proceeds of any unlawful activity including without limitation using the Site or SwapKit Services in connection with money laundering, terrorist financing, or other illicit financial activity, nor to develop or offer an Application to conduct or facilitate any of the foregoing. By using the Services, you agree that we must comply with Applicable Law including any anti-money laundering and anti-terrorist financing laws. You acknowledge that Applicable Law may require us to, upon request by government agencies or otherwise, take certain actions or provide information which we deem necessary, which may not be in your best interests.

• Fraud: You agree not to engage in any activity which operates to defraud SwapKit or any other person or to provide any false, inaccurate, manipulative, deceptive or misleading information to SwapKit, Customers, or third parties, including without limitation fraudulent inducement, price manipulation or buying, selling, or transferring stolen items, fraudulently obtained items, items taken without authorization and/or any other illegally-obtained items (including, without limitation, Digital Assets). Additionally, you agree not to imply any untrue or misleading endorsement or affiliation with SwapKit.

• Transactions: To the best of your knowledge, you agree not to engage in or facilitate any transactions utilizing the Services that result in the purchase, sale, loan, or other transfer of Digital Assets which would be illegal or require registration or licensing under the U.S. or other applicable law including, without limitation, creating, offering, selling, or buying securities, commodities, options, or debt instruments, or to create, sell, or buy Digital Assets or other items that give owners rights to participate in an “initial coin offering” or any securities offering, or that are redeemable for securities, commodities, or other financial instruments, nor knowingly develop or offer an Application to conduct or facilitate the foregoing.

• Technical Conduct: You agree not to engage in any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of the Site, Services or computer, server, network, personal device, or other information technology system, including, but not limited to, uploading files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or damage the property of another; the deployment of viruses; denial-of-service attacks; use of any robot, spider, crawler, scraper or other automated means to extract or export data collected through the API unless explicitly authorized under these Terms; and conduct that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure.

• Abusive Activity: You agree not to engage in any activity that poses a threat to SwapKit, for example by distributing a virus or other harmful code, or through unauthorized access to the Site or other Users’ accounts. You agree not to use the Site, Services, or any Application in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as without limitation rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, discriminatory, defamatory, obscene, indecent or unlawful topic, name, material or information. You agree not to harvest or otherwise collect information about others, including personal information or personal data such as by exemplar email addresses, except with respect to your own Customers in accordance with Applicable Law.

• Commercial Use & Gambling: You agree not to utilize the Services or offer an Application to (i) to engage in or facilitate any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance and/or (ii) for any other commercial purposes inconsistent with these Terms or other instructions provided by SwapKit.

• Inappropriate Behavior: You agree not to interfere with other Users’ access to or use of the Site or Services.

• Taxes: You acknowledge that SwapKit is not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (collectively, “Taxes”), that may apply to your transactions or those of your Customers in the course of the use of the Services or your Application. You agree that you are solely responsible for determining what, if any, Taxes apply to you and your Customers’ Digital Assets, use of the Services or other transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities.

• Intellectual Property Infringement: You agree not to create an Application protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; use the Site or Services, or develop or offer an Application in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, falsify or delete any copyright management information such as author attributions, watermarks, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. You further agree not to use SwapKit content from the Site without express written consent from SwapKit; and/or engage in any action that implies an untrue endorsement or affiliation with SwapKit. You further agree not to knowingly create an Application that may be used to violate the rights of third parties, any policies or conditions of SwapKit (including without limitation those embodied in these Terms),

• Hyperlinks: You are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site provided that such link does not portray SwapKit, our affiliates, and/or the SwapKit Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking Site does not contain any illegal materials, and/or other materials that may be considered offensive, harassing, or otherwise objectionable.

• Content: You agree to not engage in any copying, modification, or otherwise appropriation of the Site or Services or any material owned by SwapKit as part of your use of the Site or Services without express written permission from SwapKit for the proposed copying, modification, or appropriation of the Site.

• Other Prohibitions: You will not use the Services in any manner that would cause, in our sole discretion, harm to us or any third party.

In addition, you represent, warrant, and agree to and with SwapKit that you will use commercially reasonable efforts to ensure that each of the foregoing applies to your Customers in their use of or access to the Application or, through it, any part of the Services, and to ensure that your Customers do not use your Application in contravention of these Terms or any Applicable Law.

You acknowledge and agree that each of the foregoing shall be true during the entire period of these Terms, your use of the Site and SwapKit Services, and your offering of any Application.

You shall be solely liable for any damage resulting from any unlawful, wrongful, deceitful or other act, or from infringement of copyrights, proprietary rights, or any other harm resulting from such an act, including without limitation those arising from the Application or the acts of your Customers. The foregoing provisions of this section are for the benefit of SwapKit, its subsidiaries, affiliates, and agents (which term includes but is not limited to SwapKit’s third-party service and content providers) and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

If you are unsure whether a contemplated use would violate these Terms of Use, please contact us at the address listed below under Contact Information.

6. Third-Party Content and Services.

The Site may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties, including information published on public blockchains (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left the SwapKit Services, you are subject to the terms and conditions (including privacy policies) of another website or destination. Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of SwapKit, and may be “open” applications for which no recourse is possible. SwapKit is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. SwapKit may provide links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, recommend, approve, monitor, endorse, warrant, or make any representations on information with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials, including without limitation, accuracy of data which is provided on an “as is” basis, nor does the opinion, advice or information by any third-party reflect those of SwapKit. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

From time to time, SwapKit may work with third parties to facilitate the Services. SwapKit does not guarantee that third parties that SwapKit may work with will perform the functions those parties are intended to do as intended. Consequently, SwapKit is not responsible for the functionality of third-party systems that may be necessary to facilitate the Services. SwapKit does not control or endorse the third-party content, messages, or information found in or accessible using the SwapKit Service or any Application.

Furthermore, transactions in Digital Assets, or Digital Asset related transactions, operate according to rulesets determined by the underlying blockchain, or distributed ledger, on which the Digital Asset involved in the transaction exists. SwapKit cannot guarantee the functionality of any underlying blockchain, or distributed ledger, on which the Services and any Application depend, and in no way can be held responsible for failures that occur on the underlying blockchain due to, but not limited to, the following occurrences: network downtime, soft forks, hard forks, merges, DAO votes, 50%+1 attacks, double-spending instances or bugs, consensus failures, distributed denial of service attacks, key loss, key theft, wallet bugs, wallet code failure, and the like.

7. Certain Information Made Available by SwapKit.

SwapKit may make available to you or, through your Application, your Customers certain public data and other information (including, without limitation, information derived from public blockchain records), including information that we obtain from our agents. SwapKit makes this information available to you as a service for your convenience; SwapKit neither endorses nor approves any such information. SwapKit neither (1) guarantees the accuracy, timeliness, or completeness of any such information, nor (2) warrants any results from your use or reliance on such information. You agree that you use any such information at your own risk.

You agree that neither SwapKit nor its agents (including, without limitation, independent contractors or other service providers) will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any such information we provide to you or, indirectly, your Customers. You agree that you will neither redistribute nor facilitate the redistribution of any such information except in compliance with these Terms in connection with the development of an Application pursuant to the SwapKit API License, nor will you provide access to such information to anyone who is not authorized by SwapKit to receive such information.

8. Intellectual Property Rights.

We own all intellectual property and other rights related to the Site, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs.

The term SwapKit, along with any associated logos, are trademarks of SwapKit and its subsidiaries, all rights reserved. All other trademarks appearing on the Site or within the SwapKit Services are the property of their respective owners.

Please see the SwapKit API License for additional details on intellectual property rights and ownership as between you and SwapKit, particularly regarding your use of the API and other Services, our trademarks, and your development or offering of any Applications.

9. Confidential Information.

We may disclose to you or make available information on without limitation, research and development plans and results, software, databases, technology, inventions, trade secrets, technical information, know-how, plans, specifications, methods of operations, product and service information, product and service availability, pricing information, financial, business and marketing information and plans (collectively, “Confidential Information”). You agree that you shall not, directly or indirectly, use, permit use of, disclose, discuss, publish, or disseminate in any manner, any Confidential Information at any time and shall use their best efforts to protect and maintain the confidentiality of the Confidential Information contemplated herein. You shall not disclose any such Confidential Information to any person or entity, except to personnel under your control who need to know the Confidential Information to assist you, or act on your behalf, to exercise your rights or perform its obligations under these Terms. You shall be responsible for any breach caused by any of your personnel. Your obligations with regard to Confidential Information will not apply to the extent that disclosure of such Confidential Information is required by Applicable Law or a valid order issued by a court or governmental agency of competent jurisdiction. In such cases, you must inform us in writing as soon as possible, and you must limit the disclosure of the Confidential Information to only what is necessary to comply with such an order.

10. No Professional Advice, Financial Services, or Fiduciary Duties.

All information accessible through the Site or otherwise provided by us is for informational purposes only and should not be construed as investment, tax, or legal advice. You should not take, or refrain from taking, any action based on any information contained on the Site or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

We are not a broker, intermediary, agent or advisor and have no fiduciary relationship or obligation with you or your Customers when you use the Services. The Services are a purely non-custodial application, meaning you and your Customers are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you or your Customers hold. We are not partners nor joint venturers with you, and nothing in these Terms shall be construed to make us your partner or joint venturer or impose any liability resulting from being your partner or joint venturer. We have no liability for any of your activities or decisions made while using the Services.

These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

11. Changes to these Terms.

We may revise these Terms from time to time. If we make a change to these Terms that, in our sole discretion, is material, we will take steps to notify all Users by a notice on the Site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Site or the SwapKit Services.

12. Force Majeure.

Neither SwapKit, nor our partners, affiliates and employees shall be liable for damages, delay or failure to your use of the Site, the Services or in performing our obligations hereunder if such delay or failure is caused by conditions beyond our reasonable control including, but not limited to Acts of God, government restrictions, wars, cyber attacks, third-party suppliers, and subcontractor’s failures (e.g. electricity shut down), from insurrections, burglary and/or any other cause beyond our reasonable control.

13. Disclaimers.

YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SWAPKIT EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWAPKIT (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SWAPKIT DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SWAPKIT WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE SWAPKIT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SERVICES SAFE, SWAPKIT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, OR OUR PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE SWAPKIT PARTIES OR THROUGH THE SITE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD SWAPKIT RESPONSIBLE FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OR MISUSE OF THE SWAPKIT SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER OR CUSTOMER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE, SERVICES, BLOCKCHAINS, OR DIGITAL ASSETS.

DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). SWAPKIT AND/OR ANY OTHER SWAPKIT PARTY CANNOT GUARANTEE, EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSET OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

SWAPKIT DOES NOT MAKE ANY RECOMMENDATIONS WITH RESPECT TO THE VALUE OR FITNESS OF ANY PARTICULAR DIGITAL ASSETS(S), OR ANY THIRD-PARTY WEBSITES, TOOLS, OR OTHER SERVICES THAT A USER MAY INTERACT WITH USING AN APPLICATION OTHERWISE IN CONNECTION WITH THE USE OF THE SERVICES.

NO SWAPKIT PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE SERVICES. NO SWAPKIT PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE SERVICES, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SWAPKIT SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SWAPKIT SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU ACKNOWLEDGE THAT SWAPKIT IS NOT LIABLE FOR THE POTENTIALLY MANIPULATIVE OR ILLEGAL CONDUCT OF OTHER USERS, CUSTOMERS, AND PARTICIPANTS IN THE TOOLS, BLOCKCHAINS, AND MARKETS WITH WHICH YOU MAY INTERACT USING THE SERVICES, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. SWAPKIT PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SWAPKIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, THE SERVICES OR ANY APPLICATION USING THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SWAPKIT OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, SERVICES OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT (I) SHALL THE MAXIMUM AGGREGATE LIABILITY OF SWAPKIT ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID DIRECTLY TO SWAPKIT (EXCLUDING, FOR THE AVOIDANCE OF DOUBT, TRANSACTION FEES COLLECTED FROM CUSTOMERS AND OTHER END-USERS) FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE OR (II) SHALL SWAPKIT OR ITS AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE SWAPKIT SERVICES, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY SWAPKIT. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO THE LIABILITY OF SWAPKIT FOR (A) DEATH OR PERSONAL INJURY CAUSED BY SWAPKIT GROSS NEGLIGENCE OR RECKLESSNESS; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF SWAPKIT’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Because some jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such jurisdictions the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of SwapKit and its agents, employees, distributors and agents is limited to the greatest extent allowable under Applicable Law in those states.

15. Assumption of Risk.

You accept and acknowledge:

• SwapKit does not provide legal, tax, regulatory, financial, accounting or other advice.

• The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of SwapKit Services and the utility of Digital Assets.

• Prices of Digital Assets and the validation of Digital Assets are subject to volatility and fluctuations. SwapKit shall have no liability for fluctuations in the value of any cryptocurrency, transaction, or any bundle of transactions, whether requested or provided.

• You acknowledge that the markets for Digital Assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time.

• You acknowledge that SwapKit is constantly improving its security measures against security breaches that might result in the loss of data. In such a case, SwapKit and its third-party partners responsible for the operation of the Site, Service or software shall not be liable to Users for any damage caused.

• You are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of Taxes to the appropriate tax authorities. SwapKit is not responsible for determining, withholding, collecting, reporting, or remitting the Taxes that apply to your Digital Assets.

• You represent and warrant that you have done sufficient research before making any decisions to utilize the Services.

• We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and SwapKit has no ability to reverse any transactions on the blockchain.

• Your participation in the Service involves the use of sophisticated hardware and/or software. SwapKit will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control and/or from the hardware used in the Service, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

• There are risks associated with using Internet and blockchain-based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that SwapKit will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the SwapKit Services or any blockchain network, however caused.

• The Site relies on third-party platforms, service providers and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors lose market share, suffers technological or functionality issues, or falls out of favor or is unavailable for a prolonged period of time, access to and use of the SwapKit Services is likely to suffer.

• You acknowledge that the Services involve novel technological innovations aimed at facilitating more efficient access to blockchains. Results depend on a multiplicity of factors. Therefore, the outcomes cannot be predicted, and no representations or warranties are made with respect to the Services. OUTCOMES ARE NOT GUARANTEED.

• You acknowledge that we are not responsible for any of these variables or risks, do not own or control the underlying blockchain itself, and cannot be held liable for any resulting losses that you experience while accessing or using the Site or Services.

• If you have a dispute with one or more Users or Customers, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

• By accepting these Terms and using the Site or Services, you represent that you have the technical and financial knowledge, experience, and wherewithal to understand and undertake these risks.

16. Regulatory Uncertainty for Digital Assets and Blockchain-related Services.

NOTHING INCLUDED ON THE SITE CONSTITUTES AN OFFER OR SOLICITATION TO SELL OR DISTRIBUTE SECURITIES OR INVESTMENTS AND RELATED SERVICES TO ANYONE IN ANY JURISDICTION. THE REGULATORY ENVIRONMENT CONCERNING DIGITAL ASSETS AND BLOCKCHAIN TECHNOLOGY CONTINUES TO DEVELOP. THE APPLICATION AND INTERPRETATION OF EXISTING LAWS AND REGULATIONS ARE OFTEN LARGELY UNTESTED AND THERE IS A LACK OF CERTAINTY AS TO HOW THEY WILL BE APPLIED. NEW LAWS AND REGULATIONS WILL BE PROMULGATED IN THE FUTURE THAT APPLY TO BLOCKCHAIN TECHNOLOGY AND DIGITAL ASSETS, AND RELATED SERVICE PROVIDERS, AND NO ASSURANCE CAN BE GIVEN THAT ANY SUCH CHANGES WILL NOT ADVERSELY AFFECT DIGITAL ASSETS AND BLOCKCHAIN-BASED TOOLS SUCH AS THOSE ENABLED BY THE SWAPKIT SERVICES. IT IS NOT POSSIBLE TO PREDICT HOW SUCH CHANGES WOULD AFFECT THE PRICE AND LIQUIDITY OF DIGITAL ASSETS, OR AVAILABILITY OF THE SWAPKIT SERVICES. WE MAY HAVE TO LIMIT THE AVAILABILITY OF CERTAIN SERVICES OR DISALLOW USERS OR CUSTOMERS BASED ON THEIR CITIZENSHIP, RESIDENCE OR LOCATION FROM ENGAGING IN THE SERVICES OR ACCESSING THE SITE IF DOING SO BECOMES COMMERCIALLY UNSUSTAINABLE OR LEGALLY PROHIBITED.

17. Indemnification.

To the fullest extent permitted by Applicable Law, you agree to indemnify, defend and hold harmless SwapKit, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “SwapKit Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site or Services (b) any feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of a third party, including another user, (e) any intellectual property disputes relating to your use of the SwapKit Services; and (f) your failure to pay any withholding Taxes or sales Taxes in connection with your use of the Services and any related activities. You agree to promptly notify SwapKit Parties of any third-party Claims and cooperate with the SwapKit Parties in defending such Claims. You further agree that the SwapKit Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND SWAPKIT.

18. Governing Law and Venue.

This agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice of conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware. Any legal suit, action, or proceeding arising out of or related to this agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Further, you and SwapKit agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

19. Disputes.

Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with SwapKit and limits the manner in which you can seek relief from us.

YOU AGREE THAT ANY ARBITRATION WILL BE ADMINISTERED BY JUDICIAL ARBITRATION & MEDIATION SERVICES, INC. (“JAMS”), PURSUANT TO ITS EMPLOYMENT ARBITRATION RULES & PROCEDURES (THE “JAMS RULES”), WHICH ARE AVAILABLE AT http://www.jamsadr.com/rules-employment-arbitration/, PROVIDED, HOWEVER, THAT THE JAMS RULES SHALL NOT CONTRADICT OR OTHERWISE ALTER THE TERMS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE BELOW COST SHARING PROVISION. THE ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR WHO SHALL BE A FORMER FEDERAL OR STATE COURT JUDGE. THE ARBITRATION SHALL APPLY THE FEDERAL RULES OF CIVIL PROCEDURE, EXCEPT TO THE EXTENT SUCH RULES CONFLICT WITH THE JAMS RULES. YOU UNDERSTAND THAT THE PARTIES TO THE ARBITRATION SHALL EACH PAY AN EQUAL SHARE OF THE COSTS AND EXPENSES OF SUCH ARBITRATION (“ARBITRATION COSTS”), EXCEPT AS PROHIBITED BY LAW, AND UNDERSTAND THAT EACH PARTY SHALL SEPARATELY PAY FOR ITS RESPECTIVE ATTORNEYS’ FEES AND COSTS. IN THE EVENT THAT JAMS FAILS, REFUSES, OR OTHERWISE DOES NOT ENFORCE THE AFOREMENTIONED ARBITRATION COST SHARING PROVISION, EITHER PARTY MAY COMMENCE AN ACTION TO RECOVER SUCH AMOUNTS AGAINST THE NON-PAYING PARTY IN ANY COURT AND THE NON-PAYING PARTY SHALL REIMBURSE THE MOVING PARTY FOR THE ATTORNEYS’ FEES AND COSTS IT INCURS IN CONNECTION WITH SUCH ACTION. YOU AGREE THAT THE ARBITRATOR SHALL HAVE THE POWER TO DECIDE ANY MOTIONS BROUGHT BY ANY PARTY TO THE ARBITRATION, INCLUDING MOTIONS FOR SUMMARY JUDGMENT AND/OR ADJUDICATION, AND MOTIONS TO DISMISS, PRIOR TO ANY ARBITRATION HEARING. YOU AGREE THAT THE ARBITRATOR SHALL ISSUE A WRITTEN DECISION ON THE MERITS. YOU ALSO AGREE THAT THE ARBITRATOR SHALL HAVE THE POWER TO AWARD ANY REMEDIES AVAILABLE UNDER APPLICABLE LAW. YOU AGREE THAT THE DECREE OR AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED AS A FINAL AND BINDING JUDGMENT IN ANY COURT HAVING JURISDICTION THEREOF. YOU AGREE THAT THE ARBITRATOR SHALL ADMINISTER AND CONDUCT ANY ARBITRATION IN ACCORDANCE WITH FLORIDA LAW, INCLUDING THE FLORIDA CIVIL PRACTICE LAW AND RULES, AND THAT THE ARBITRATOR SHALL APPLY SUBSTANTIVE AND PROCEDURAL FLORIDA LAW TO ANY DISPUTE OR CLAIM, WITHOUT REFERENCE TO RULES OF CONFLICT OF LAW. TO THE EXTENT THAT THE JAMS RULES CONFLICT WITH FLORIDA LAW, FLORIDA LAW SHALL TAKE PRECEDENCE. YOU AGREE THAT THE DECISION OF THE ARBITRATOR SHALL BE IN WRITING. YOU AGREE THAT ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED IN MIAMI, FLORIDA.

20. Termination.

If you breach any of the provisions of these Terms, all licenses granted by SwapKit will terminate automatically, including without limitation any licenses granted under the SwapKit API License. Additionally, unless otherwise explicitly specified in these Terms or in another written agreement between you and SwapKit, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your ability to access or use the SwapKit Services or the Site (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, including without limitation that arising from resulting harm to your Customers or Application, and that you will not be entitled to a refund of any amounts that you have already paid to us.

21. Severability.

If any term, clause, or provision of these Terms is held illegal, invalid, or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

22. Injunctive Relief.

You agree that a breach of these Terms will cause irreparable injury to SwapKit for which monetary damages would not be an adequate remedy and SwapKit shall, to the fullest extent permitted by Applicable Law, be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

23. California Residents.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at [phone].

24. Export Laws.

You agree that you will not export or re-export, directly or indirectly, the SwapKit Services, and/or other information or materials provided by SwapKit hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the SwapKit Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SwapKit Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

25. Survival.

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by SwapKit or you. Termination will not limit any of SwapKit’s other rights or remedies at law or in equity.

26. Miscellaneous.

These Terms constitute the entire agreement between you and SwapKit relating to your access to and use of the Site and the SwapKit Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of SwapKit, and SwapKit’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

These Terms are personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to these assigned Terms and to delegate any of our obligations hereunder, either in whole or in part.

You hereby consent to receive electronic communications from us, including via notices published on https://swapkit.dev/. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the API. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

27. Contact Us.

If you have questions concerning these Terms, or you notice any bugs, errors or violations please feel free to send us an email at: [email protected].