User Agreement

This User Agreement (hereinafter referred to as the “Agreement”) is an electronic contract between the User and the “SWT” service and contains the rules for using the application. By continuing to use the application, the User confirms their unconditional acceptance of this User Agreement.

Please note the following:

You assume all risks associated with using the Services in this Service and with transactions involving digital assets, currencies, and their derivatives.

You are informed that this Service is only a place for you to obtain information about digital assets, find trading partners, conduct negotiations and deals, and perform operations with digital assets. You must independently and carefully determine the authenticity, legitimacy, and validity of the relevant digital assets and/or information and bear sole responsibility for any losses arising in connection therewith.

The content of these Terms may be changed at any time without prior notice to Users. By using this Service, you agree to regularly review and monitor the time of updates, changes, and the revised content of these Terms; if you do not agree with the relevant changes, you must immediately stop using SWT Services; your continued use of SWT Services will mean that you accept and agree to the updated Terms. There are also risks associated with using online transaction systems, including but not limited to software, hardware, and internet connection failures. Since we do not control the reliability and availability of the Internet, we are not responsible for distortions, delays, and connection failures.

SWT, in accordance with these Terms, is not your agent, trustee, or representative.

1. Terms and Definitions.

• 1.1. The “SWT” Service is a platform for finding counterparties and conducting over‑the‑counter (OTC) transactions.
• 1.2. User — any legally capable person aged 18 or older who has submitted an exchange request on the Website and agreed to the rules and conditions of this Agreement.
• 1.3. Service Services — assistance in conducting P2P operations between individuals for cryptocurrency exchange, as well as other services, information about which is posted in the mobile application.
• 1.4. Personal Data — information that identifies a person, such as name, address, email address, bank details, and other data in accordance with this Policy. The term “Personal Data” does not include anonymous and/or aggregated data that does not allow the identification of a specific User.
• 1.5. Agreement — this User Agreement (Terms) and its integral parts, taking into account all additions and/or changes that may be made in the manner determined by their terms.
• 1.6. Application — a set of information, texts, graphic elements, design, images, photos, and other results of intellectual activity, as well as a set of computer programs contained in an information system that ensure the availability of such information.
• 1.7. Order — a proposal submitted by the User to buy or sell cryptocurrency using the Services provided by the Service.
• 1.8. Payment System — a hardware and software product developed by a third party that is a mechanism for recording monetary obligations and organizing settlements between its Users.
• 1.9. KYC & AML procedures — “Know Your Customer” verification of the client’s personal data and “Anti‑Money Laundering” verification of the User’s digital assets/ funds for the purpose of combating money laundering.
• 1.10. Digital assets (hereinafter referred to as “cryptocurrency”, “digital currency”) refer to encrypted or digital tokens or digital currencies with a certain value, which are based on blockchain technology and cryptography, and whose internal unit accounting is provided by a decentralized system (there is no internal or external administrator or any analogue) operating in a fully automatic mode.

2. General Provisions

• 2.1. Before using any of the Services provided by SWT, the User must carefully read these Terms. If the User does not agree with these Terms and/or amendments thereto, the User must immediately stop using the Services provided in the mobile application.
• 2.2. By using the Services provided by the SWT Service, the User represents and warrants that:
  • 2.2.1. The User is 18 years of age or older. In addition, the User must have sufficient legal capacity to accept these Terms, enter into contracts, perform contracts, and conduct transactions with digital assets through this Service;
  • 2.2.2. The digital assets/funds used by the User have been obtained lawfully;
  • 2.2.3. The User agrees to bear full responsibility for any possible consequences of transactions;
  • 2.2.4. The User agrees to comply with applicable laws and guarantees that the transactions performed do not pursue any illegal purposes.
• 2.3. When submitting a service request, the User undertakes to provide their personal bank details/cryptocurrency wallet addresses for receiving funds/digital assets under the transaction.
• 2.4. When making payment under a transaction, the User undertakes to transfer funds exclusively from personal bank accounts/payment system accounts. When conducting a transaction with digital assets, the User warrants that the cryptocurrency wallets/accounts on third‑party centralized platforms used belong personally to them and that third parties have no access to the User’s cryptocurrency wallet/account on third‑party centralized platforms. If the User suffers financial losses as a result of using cryptocurrency wallets, bank accounts/payment system accounts that do not personally belong to them, the User bears full responsibility for all financial losses.

3. Services

• 3.1. Ordering the Service’s services and obtaining information on the progress of the transaction by the User are carried out exclusively through contacts with a representative of the Service.
• 3.2. The Service offers its services according to the Service’s established internal schedule. The Service accepts Orders around the clock. Orders processed by the Service in semi‑automatic mode may take up to 24 hours. Orders processed manually may take up to 36 hours. The Service is not responsible for delays in processing an order caused by technical failures, including blockchain network failures.
• 3.3. Questions and claims regarding orders are accepted within 24 hours from the time the Order is placed. After 24 hours, exchange orders are deemed properly completed.
• 3.4. In the event of any suspicious actions by the User, as well as in the case of the User’s use of suspicious assets, the Service may delay payment and require additional identity verification and conduct an internal analysis of the funds used by the User.
• 3.5. The Service reserves the right to refuse to provide the Service unilaterally at its sole discretion.
• 3.6. If suspicious activity is detected while the User is placing an Order, the Service, in order to prevent damage, has the right to suspend the execution of such operations until the causes of such activity are clarified.
• 3.7. If the User is sent a larger amount of digital assets/funds than provided for in a specific Order, the User undertakes to immediately notify the Service thereof. The User undertakes to return the difference in the digital assets/funds sent within 24 hours from the moment of receipt. In case of failure to return the excessively sent Digital assets/funds, the Service has the right to limit the provision of Services to the User and to contact law enforcement authorities.
• 3.8. If the User has paid for an order but, for any reason, wishes to cancel it, the Service undertakes to refund the paid order minus bank fees/blockchain network fees. When the User cancels an order after payment, the Service has the right to withhold a fee of 2% calculated from the Order amount. In this case, if the order was paid in cryptocurrency, the User assumes the risk of a decrease in the exchange rate of the cryptocurrency. The User may be refunded cryptocurrency at the exchange rate (Binance cryptocurrency exchange rate (URL: https://www.binance.com)) of the specific cryptocurrency to the amount of fiat currency according to the specific order, at any moment of the day during which the refund is to be made. If the User wishes to cancel an order paid in fiat money, the User assumes the risk of changes in the cryptocurrency exchange rate. The User may be refunded fiat funds taking into account changes in the exchange rate of the specific cryptocurrency (Binance cryptocurrency exchange rate (URL: https://www.binance.com)) according to the Order, as well as minus bank transfer fees.
• 3.9. The Service has the right to cancel a Service Order created by the User if the User has not made payment within 30 (thirty) minutes from the moment the order was created.
• 3.10. The Service does not accept funds sent via smart contracts since it uses exchange wallets in its operations. Do not send funds to the Service directly via smart contracts, as they may be lost forever. In the case of sending funds via a smart contract, the User assumes all risks.
• 3.11. The Service has the right to recalculate the amount to be paid if, from the moment the order is created to the moment payment is received, the rate in the mobile application has changed by more than: 0.3% for exchanging cryptocurrency into monetary funds. The rate in the order is formed according to the following formula: Cryptocurrency rate to USDT on the Binance exchange – fiat currency rate on Forex – % of the exchange point commission.

4. Rights and Obligations

• 4.1. If an authorized law enforcement request regarding a User’s operation is received, the Service reserves the right at any time to suspend or cancel the ongoing operation for an unlimited period. At the same time, upon request, the Service reserves the right to provide authorized law enforcement agencies with available information about the User.
• 4.2. The Service reserves the right at any time to suspend or cancel the User’s operation with a refund of funds, without taking into account possible losses or expenses of the Service, in case of violation of this Agreement by the User.
• 4.3. The Service has the right to request the User’s personal data for the purpose of processing and arranging the Order to provide the Service’s Services, as well as for the purpose of sending the User information related to the provision of the Service’s Services and handling the User’s claims and requests. By placing an Order in the mobile application, the User gives their unconditional consent to the processing of personal data.
• 4.4. Personal data includes:
  • - Last name, first name, patronymic (middle name)
  • - Phone number
  • - Email address
  • - Bank details (bank account number, bank card number)
  • - Photo/video of the User (including photo/video of the User holding an identity document)
  • - User’s passport data (data from another identity document)
  • - User’s blockchain wallet address
• 4.5. Processing of personal data means the collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, anonymization, blocking, deletion, and destruction of personal data. The processing of the above personal data will be carried out both using automation tools and without their use (mixed processing of personal data).
• 4.6. The Service has the right to conduct KYC and AML procedures at its discretion in the event of suspicious activity by the User, as well as in cases where the Service has received a request from authorized law enforcement agencies regarding a specific Order.
• 4.7. When conducting AML procedures, the Service has the right to use special third‑party services/programs for such checks, for example, <https://crystalblockchain.com/>.
• 4.8. The Service has the right to carry out AML verification of assets received from the Customer. If the acceptable risk level is exceeded (at the Service’s discretion), the transaction may be blocked until the User passes verification. Refunds are made minus the payment system’s transfer fee, minus the network or exchange commission, and minus the Service’s costs. A refund may take from 1 to 30 business days.

5. Force Majeure

• 5.1. The User or the Service shall not be liable to each other for failure to fulfill obligations related to the provision of exchange services by the Service caused by circumstances beyond the will and desire of the parties that could not have been foreseen or avoided, including declared or actual war, civil unrest, epidemics, earthquakes, floods, fires and other natural disasters, actions of authorities, and other force majeure circumstances, and may not claim any losses or damage arising from such circumstances.
• 5.2. The party that fails to fulfill its obligation due to force majeure must notify the other Party of the impediment and its effect on the performance of obligations without delay, but no later than 3 (three) calendar days from the occurrence of the specified circumstances.
• 5.3. A party that has not notified the other Party of the impossibility of fulfilling its obligations under this Agreement loses the right to refer to such impossibility.

6. Liability

• 6.1. The User bears full responsibility for all actions related to the use of the Services, as well as for the security of their own computer systems and technical equipment.
• 6.2. The User acknowledges and accepts that any transaction made on the blockchain is irreversible; the User bears full responsibility for providing the correct information of the recipient’s wallet for the transfer of Digital assets when using the Service’s Services, as well as for providing the correct information of the recipient’s bank details.
• 6.3. The User bears full responsibility for the use of the Services, their own actions when using the Service, the operations, deals, transactions performed, and the information and documentation provided.
• 6.4. The Service is not responsible in the event of blocking of the User’s bank accounts/payment system account as a result of internal checks by the specified financial institutions when the User receives funds as a result of using the Service’s Services.

7. Final Provisions

• 7.1. The User should participate in deals and transactions only if they have a full understanding of how the blockchain works and fully understand the risks associated with cryptocurrencies.
• 7.2. All the User’s claims and requests are sent to the Service’s contact details specified in the mobile application. The claim review period is 7 business days from the date of receipt.
• 7.3. The Services provided by the Service may be legally prohibited in some jurisdictions. By accepting the terms of use of the Service’s services, the User confirms that they are not a resident of such a jurisdiction.