Introduction
These Swerri Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Swerri operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Swerri Services (as defined below) provided by Swerri (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Notice at https://swerri.io/privacy_notice.html.
Please read the terms carefully as they govern your use of Swerri Services. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.
BY MAKING USE OF SWERRI SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF SWERRI SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) SWERRI SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES..
By accessing, using or attempting to use Swerri Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Swerri or utilize Swerri services.
Definitions
- Swerri : refers to an ecosystem comprising Swerri websites (whose domain names include but are not limited to https://www.swerri.io), mobile applications, clients and other applications that are developed to offer Swerri Services, and includes independently-operated platforms, websites and clients within the ecosystem. In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
- Users : refer to all individuals, institutions or organizations that access, download or use Swerri Services and who meet the criteria and conditions stipulated by Swerri.
- Digital Currencies : refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
- Digital Assets : refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
- Swerri Accounts : refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Swerri for Users to record on Swerri their usage of Swerri Services, transactions, asset changes and basic information. Swerri Accounts serve as the basis for Users to enjoy and exercise their rights on Swerri.
- Crypto-to-crypto Trading : refers to spot transactions in which one digital currency is exchanged for another digital currency.
- Fiat Trading : refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
- Loan/Lending : refers to Swerri’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by Swerri.
Services Provided
- The Company provides virtual currency services.
- Swerri provides virtual currency wallet service and services related to it.
- Swerri provides the virtual currency against virtual or fiat currency exchange service and card related products.
- 3.1. Mobile, Web and Desktop Non-Custodial Wallet Applications
- 3.1.1. You Own Your Private Keys
The Company does not store user’s private keys, backup phrases or passwords ("Private Information"). It is very important that You backup Private Information. If You lose Your Private Information then it will not be possible for the Company to recover it for You and You may lose access to Your virtual currency. money or tokens. If You do not understand the above paragraph then we strictly recommend that You learn more about virtual currencies before using Swerri. - 3.1.2. Transactions
The only authentic record of virtual currency transactions is the applicable virtual currency blockchain. Swerri provides functionality that allows You to send virtual currency transfer instructions. You must ensure that Your transactions conform to the applicable rules of the virtual currency software. There may be transaction fees (e.g. mining fees) associated with Your virtual currency transactions that are required by the virtual currency system You engage with. The Company shall not be responsible for any losses You incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high). The Company does not have access to Your transactions (or anyone else's). - 3.1.3. No Control Over Blockchains and cryptocurrencies
The Company is not the creator of and does not have any control over, any of the virtual currencies that Swerri allows You to use. Swerri does not store your crypto. You have control over your own crypto with your private keys and recovery phrase. If you lose any of the above you lose your crypto. - 3.2. Virtual currency exchange
- The Company provides virtual currency exchange services.
- You can buy virtual currency using the Swerri wallet or with a visa or Mastercard. You can sell virtual currency and request to have your fiat transferred to your Swerri Wallet account, Visa/Mastercard.
- You shall have your own wallet for virtual or fiat currency. The Company does not provide you with any custodian services for virtual or fiat currency. Your transactions to buy or sell virtual currency may be subject to limits due to security and legal requirements. You should ensure that your limits are sufficient to cover any transaction you intend to make as well as any applicable fees.
- You agree that the Company is not responsible for any errors committed by your acts and/or commissions in connection with any transaction initiated via the Services. You agree that transactions you have initiated using the Services may not be reversed or cancelled by you once submitted to or accepted by the Company.
The Company has created means for users to access and transfer ownership of virtual currency or tokens (“cryptocurrency”) under the name "Swerri Wallet...". You agree not to use the Service provided by the Company for accessing, transferring or keeping the tokens which have security elements.
PRICE
The Company has the right to adjust its rates. Due to the exchange rate difference, the difference in the time of the transaction, as well as other circumstances affecting the course, the amount of the real price may be different from the stated.
LIMITED RIGHT OF USE. INTELLECTUAL PROPERTY
Unless otherwise specified, all materials on this Website are the property of the Company and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the materials from this Website on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices. The trademarks, service marks and logos of the Company and others used in this Website (“Trademarks”) are the property of the Company and their respective owners. The Trademarks and other materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated.
RISK WARNING
Trading and investing in virtual currencies involve substantial risk of loss and is not suitable for all types of investors. Please make sure you are investing mindfully after understanding the nature, complexity and risks inherent in the trading of virtual currency. You should not purchase virtual currency unless you understand the extent of your exposure to potential loss. Please make sure you are not risking funds you cannot afford to lose. In no event shall the Company be liable to any loss or damage of any kind incurred as a result of the use of this Website or the Services.
Security risks could occur both from the Company and user side. To ensure control over security risks, the Company has implemented the best security practices aiming to decrease security risk level to the lowest possible level and is updating and monitoring them constantly. However, no one can be 100% safe from security risks, therefore, it is very important that not only the Company, but also the user acts with due care when it comes to preventing security incidents from taking place.
To mitigate security risks, it is important to understand how they may occur and what may have an impact on their occurrence. Examples of the security risks are leak or theft, or loss of user’s identity information or Identifier, other fraudulent act enabling third parties to make abusive, fraudulent or unauthorized use of your account which in this case is phone number, for instance, placement of payment orders on behalf of you without your actual authorization. In addition, technical problems may occur in your computer or the internet being used for Services or even in the network of mobile telephone operators which can prevent or suspend the use of the Services. All these actions can lead to losses for the user as well as be a part of other illegal actions, including money laundering / terrorist financing.
You are responsible for preserving the device used to access our Services and for non-disclosing Identifiers to third parties. To receive Services in a compliant and safe manner, you undertake the following main responsibilities:
Not to leave devices and/or Identifiers accessible to third parties or allow third parties have access to these devices or identifiers;
To ensure all measures ensure optimal security of your equipment being used to gain Services (for instance, to install antivirus software, anti-spyware, firewalls, etc.);
Take all other measures and make actions that could be reasonably expected from you wishing to ensure safety of your credentials and identifiers and not to make your account or Services available to unauthorized third parties.
7. LIMITATION OF LIABILITIES. INDEMNITIES
To the extent permitted by law, the Company shall not be liable for any damages, losses of profit, usage or data, loss of business, loss of business, failure to use the Services, customers misunderstanding of Services or any other loss originated from negligence or fraud or otherwise arising out of or connected to the Services or these Terms.
You shall indemnify and hold harmless the Company, its affiliates, contractors, licensors and respective shareholders, members, directors, officers, employees, attorneys, agents and suppliers from any claim, damage, lawsuit, tort, cost or expenses.
The Service is provided on an “as is” and “as available” basis without any warranty or representation expressed or implied. The Company does not make any representations or give warranties that the access to the Website, use of the Service, functionality of Account will be continuous, uninterrupted, timely or error-free.
You understand and agree that the Company shall not be liable in connection with any force majeure event, including labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, strikes, acts or orders of government authority, acts of terrorism or war, technological change, changes in interest rates or virtual currencies or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.
8. DATA PROTECTION
Privacy is very important to us. Full details of our Privacy Policy can be found at swerri.io/privacy_notice.html. The Company recommends You to read the Privacy Policy carefully, so that You know the data that the Company collects, uses and who the Company shares your data with.
9. TAXES. COMPLIANCE WITH LOCAL REGULATIONS
It is your responsibility to comply with local laws in respect to the legal usage of the Services and the regulatory qualification of virtual currencies in your jurisdiction.
You are responsible for determining what taxes apply and in which measure to the authorised use of the Services. You should report and remit the correct taxes to the appropriate tax authority. The Company is not responsible for determining your tax obligations.
- Independent Parties. Swerri is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
- Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Swerri Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
- Interpretation and Revision. Swerri reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Swerri websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Swerri Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Swerri will not be responsible for any modification or termination of Swerri Services by you or any third party, or suspension or termination of your access to Swerri Services.
- Force Majeure. Swerri will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Swerri’s reasonable control.
- Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
- Assignment. You may not assign or transfer any right to use Swerri Services or any of your rights or obligations under these Terms without prior written consent from Swerri, including any right or obligation related to the enforcement of laws or the change of control. Swerri may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
- Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
- Third-Party Website Disclaimer. Any links to third-party websites from Swerri Services does not imply endorsement by Swerri of any product, service, information or disclaimer presented therein, nor does Swerri guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Swerri will not be liable for such loss. In addition, since Swerri has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
11. MISCELLANEOUS
12. CONTACT
If You have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the Website and the Service, your Account or any other matter, please contact info@swerri.io
For partnership inquiries please contact us through info@swerri.io.