Terms of Service

These Terms of Service came into force on the 05 of December 2024.

Welcome to SimpleSwap, your go-to platform for user-friendly, reliable, and seamless cryptocurrency and fiat-to-crypto exchanges.

These Terms of Service ("Terms", “Agreement”) apply to your (“user”, “you”, “Party”, “yours”) use of the Services via a desktop (the ‘Website’) and also as a mobile app for iOS and Android (the ‘App’) provided by SimpleSwap (“SimpleSwap”, “us”, “we”, “Party”).

By using our Services, you are entering into a legally binding agreement with us. These Terms of Service outline your rights and obligations when accessing and using our services ("Services", “Platform”). By using our Services, you confirm that you have read, understood, and accepted these Terms and additional documents listed below.

These Terms also refer to a number of additional documents which also apply to your use of our Services. Certain features of our Services may be governed by additional terms and conditions. In such cases, your use of these features means your acceptance of their specific terms. This includes:

1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us.
2. Our AML/KYC Policy, which sets out the rules for the due diligence procedures.
3. Our General Risk Warning, which sets out important information on the risks that can arise when buying, selling, holding or investing in digital assets.
4. Our Affiliate Programme Terms of Service, which sets out the terms of the collaboration between SimpleSwap and you.

If you disagree with any part of the Terms, we kindly ask you to refrain from using our Services. We are here to provide a transparent and trustworthy service experience, and we value your understanding and cooperation in this regard.

We encourage you to thoroughly review these Terms to ensure You understand the terms and conditions that apply to your access to, and use of the Services. If You have any questions, please contact our Support Service at support@simpleswap.io

1.GENERAL RISK WARNING

1.1. Risk disclosure. By using SimpleSwap services, you acknowledge and accept the inherent risks associated with digital asset trading. We compiled our General Risk Warning, where we described most common risks related to cryptocurrency. While the warning is made as a separate document, it is still an inherent part of these Terms. It is crucial that you fully understand these risks and how they relate to your personal circumstances before deciding to use our Services. Please consult with a professional advisor if you are unsure about any aspect related to the risks associated with digital asset trading.

1.2. No Financial Advice. SimpleSwap does not provide financial advice. Any information provided through our Services is for informational purposes only, and should not be interpreted or considered as financial, legal and/or investment advice. It is recommended that you conduct your own research and/or consult with a qualified professional before making any financial decisions.

1.3. Compliance with Local Laws. We strongly recommend you to seek advice from professional tax advisors or legal experts if you have any doubts or queries about legality of digital asset trading in your jurisdiction, tax and other fiscal obligations related to the transactions made through our Platform. By using our Services, you represent and warrant that your use complies with all local laws and regulations in your jurisdiction, including, but not limited to, all laws related to cryptocurrency transactions. As a user of our Services, you are also solely responsible for understanding and complying with your tax obligations in all jurisdictions applicable to you. These obligations may include, but are not limited to, the calculation and payment of taxes on any transactions conducted through our Platform, and the disclosure of such information to the appropriate tax authorities. SimpleSwap shall bear no responsibility for any user's violation of their tax or other fiscal or legal obligations under their respective jurisdictions.

2.DEFINITIONS

“Completed Transaction” - a transaction with a status “Finished” that was not cancelled or refunded.

“Deposit address” - a unique string of letters and numbers that is used to send digital assets from your wallet to SimpleSwap to make a transaction.

“Digital asset” - a type of assets that can be transferred only and exclusively using blockchain technology, including, but not limited to digital coins and digital tokens, and any other digital mediums of exchange.

“Coin” - digital assets that are native to their own blockchain. They are independent and operate on their own network. For example, Bitcoin (BTC) or Ethereum (ETH).

“Memo” - a piece of information, generally a string of letters/numbers, used to identify a transaction in order to credit the correct account.

“Original address” - a unique string of letters and numbers that is used by the user to send digital assets via SimpleSwap.

“Recipient address” - a unique string of letters and numbers that is used to send digital assets via SimpleSwap after execution of a transaction.

“Refund address” - a unique string of letters and numbers that is used in case a refund is requested.

“Restricted Location” - a country or jurisdictions that have significant strategic deficiencies in their regimes to financial crime; a country under local and/or international sanctions, where our Services are unavailable.

“Restricted Person”– any individual or entity, or anyone affiliated with such an individual or entity, that: (1) is subject to any trade, political, or economic sanctions imposed by the United Nations, UN Security Council, European Union, His Majesty’s Treasury’s Office of Financial Sanctions Implementation, or the U.S. Department of the Treasury’s Office of Foreign Assets Control; (2) has any ties, whether direct or indirect, to dark-net activities, including, but not limited to, participation in or facilitation of illegal marketplaces, drug trafficking, weapons sales, child exploitation, human trafficking, distribution of illegal digital content, ransomware or malware operations, hacking services, identity theft, or any other criminal enterprises or activities; (3) is involved in any financial crime activities, including, but not limited to, fraud, scams, embezzlement, insider trading, market manipulation, tax evasion, bribery, corruption, money laundering, terrorist financing, cybercrime, forgery, identity theft, or sanction evasion; (4) is engaged in any of the following industries or activities: unlicensed banks and/or non-bank financial institutions; entities providing banking services to unlicensed banks and/or non-bank financial institutions; shell banks or entities that provide services to shell banks; entities designated under Section 311 of the USA Patriot Act; unlicensed or unregulated remittance agents, exchange houses, casas de cambio, bureaux de change, or money transfer agents; money or value transfer services or money services businesses; or correspondent banks; (5) is engaged in any of the following industries or activities related to: arms, defence, or the military; atomic power; extractive industries; precious metals and stones; unregulated charities; red light businesses or adult entertainment; marijuana-related businesses; or embassies and consulates.

“Politically Exposed Person (“PEP”)” - individuals who are or have been entrusted internationally or domestically with prominent public functions by a foreign country or international organisation, for example Heads of State or of government, politicians, government, judicial or military officials,executives of state owned corporations, important political party officials.

“Token” - are digital assets that are built on another cryptocurrency's blockchain.

“Trade Order” - an agreement to buy or sell a specific coin like Bitcoin at a specific price or price range.

“Trading Pair” - two currencies that can be bought and sold against each other on exchange. For example, a trading pair ETH/BTC means that Ethereum can be bought or sold using Bitcoin.

3. GENERAL SERVICES TERMS

3.1. Description of Services. SimpleSwap is a Platform that enables fast transactions involving different digital assets. SimpleSwap is available as a desktop website and also as a mobile app for iOS and Android. Our service model is designed to prioritise your convenience and security. We make transactions quick and effortless, with users selecting their desired trading pair and entering a Recipient Address and other necessary information to initiate an exchange.

We offer a non-custodial service, meaning we do not provide accounts for users to store their funds and do not hold user funds unless there is a specific regulatory or legal requirement to do so.

We maintain rigorous compliance with relevant regulations within our jurisdiction, though our services might differ based on your location due to various local regulatory constraints. Hence, while the range of available services may vary based on location and local regulatory constraints, we remain committed to providing you with efficient and reliable transactions, within the scope of regulatory norms.

3.2. Service Availability. By using SimpleSwap, you acknowledge and agree that the Services are provided according to its current technological and operational capacity. While we have made reasonable efforts to ensure the continuity and security of the Services, we cannot completely foresee or eliminate all legal, technological, and other risks. These risks include, but are not limited to, force majeure, viruses, hacker attacks, peak demand, volatility, heavy trading, system upgrades or maintenance, system instability, flaws in third-party services, government actions, third-party actions, or other factors that may result in service interruptions, data loss, or other risks. You agree to and acknowledge the possibility of discontinuity or disruption of the Services and that, subject to these Terms, SimpleSwap will not be liable to you or any third party if you are unable to access your customer account or use our Services.

4.ELIGIBILITY. CUSTOMER ACCOUNT.

4.1. Eligibility. To use our Services, you must be at least 18 years old, or of the legal age to form a binding contract in your jurisdiction if that age is more than 18. By using our Services, you represent and warrant that you meet these age requirements.

Accessing the Services on behalf of a legal entity, you represent and warrant that such entity is legally established and in good standing under the laws of their respective jurisdictions, and you further represent that You are duly authorised by such legal entity to act on its behalf, and that such legal entity agrees to be responsible to Us if You violate these Terms.

There are certain features that may or may not be available to you depending on your location and other criteria

4.2. Restricted person. You represent and warrant that you are not a Politically Exposed Person (“PEP”) or Restricted Person, a family member or close associate of a PEP or of a Restricted Person. PEPs, Restricted Persons and their associates are not eligible to use our Services.

4.3. Restricted Locations. You acknowledge that our Services may not be available in all locations and that usage may be restricted in certain areas. These include but are not limited to Afghanistan, Bangladesh, Bolivia, Burundi, Central African Republic, China, Colombia, Congo, Côte d’Ivoire, Crimea Region, Cuba, Democratic Republic of the Congo, Donetsk Region, Ecuador, Eritrea, France, Guinea, Iran, Iraq, Japan, Kherson People's Republic, Kyrgyzstan, Lebanon, Liberia, Libya, Luhansk Region, Mali, Morocco, Nepal, Nicaragua, North Korea, Pakistan, Republic of Guinea-Bissau, Saudi Arabia, Sevastopol, Somalia, South Sudan, St Vincent and Grenadines, Sudan, Syria, USA, United Kingdom, Venezuela, Vietnam, Yemen, Zaporizhzhia People's Republic, Zimbabwe, lists OFAC, FCA, etc. It is your responsibility to ensure that your use of our Services does not infringe on local, national, or international laws or regulations.

4.4. Authority and Ownership of Assets. By using our Services, you guarantee that you have the full authority to enter into this agreement, that doing so will not violate any other legal relationships, and that the digital assets you bring to the Services are unencumbered, uncontested, and free from any third-party claims.

4.5 Customer Account. While you are free to use SimpleSwap without registration for most of our services, certain features may require you to create a customer account. To register an account, you will need to provide certain information, such as your name and email address. You agree that all information you provide to us is accurate, complete, and up to date. You also agree to update such information as necessary to keep it accurate, complete, and up to date. SimpleSwap reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. SimpleSwap strictly prohibits the opening and maintenance of anonymous or fictitiously named accounts.

4.6. Account Security. You are responsible for maintaining the confidentiality and security of your account credentials, and for all activities that occur under your account. You agree to immediately notify SimpleSwap of any unauthorised use of your account or any other breach of security. SimpleSwap will not be liable for any loss or damage arising from your failure to comply with this provision.

4.7. Information Accuracy. We may, and in some instances are legally required to, investigate and determine the background and purpose of your use of the Services. You are obligated to provide comprehensive, up-to-date, and accurate information upon our request. Additionally, you must always keep your contact information up-to-date; SimpleSwap will not be responsible for any issues arising from your failure to do so. If we have reasonable grounds to suspect that any information you provide is inaccurate, we may temporarily or permanently restrict your access to some or all of the Services provided by any of the Parties. In the event that we impose such restrictions, we will not be liable to you or any third party for the consequences of these actions.

4.8. Suspension for Misrepresentation. We reserve the right to suspend your customer account and/or transaction, reject your exchange instructions if you falsely represent your current location, location of incorporation, establishment, nationality, citizenship, or place of residence, or if we determine that you are accessing our Services from a restricted location.

4.9. Lawful Conduct. You affirm your commitment to conduct yourself lawfully when using our Services, in compliance with all applicable laws, including but not limited to data transfer, data privacy, data security laws, anti-financial crime, and financial sanctions laws and regulations, or securities.

Without restricting the scope of the above, you assure and guarantee that you will not:

• utilise circumvention or obfuscating technologies to conceal your IP address.
• interfere, disrupt, inhibit, damage, overburden, or impair the functioning of the Services, or negatively affect other users' full use of the Services.
• use the Services for any illegal activities, including but not limited to fraud, money-laundering, terrorist activities, and illegal gambling, or any other types of illegal activities.
• employ any robot, spider, crawler, scraper or other automated means or interfaces not provided by us to access the Services or to extract data.
• try to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorised to access.
• develop any third-party applications that interact with our Services without our prior written consent.
• provide false, inaccurate, or misleading information.
• attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
• attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorised to access;
• develop any third-party applications that interact with our Services without our prior written consent;
• create multiple accounts;
• encourage or induce any third party to engage in any of the activities prohibited under this Section.

Your commitment to adhering to these conduct rules ensures the fair and efficient operation of our Services for all users.

4.10. Restrictions on the Use of Services. In case we detect any suspicious or fraudulent transaction or use of our Services for illicit purposes, we reserve the right to freeze such transaction for the period of ongoing investigation or 180 days whichever is longer, report suspicious activities to the relevant authorities, or take any other action necessary for the investigation. Breach of these Terms, including any attempts to exploit or manipulate our systems or policies, will result in the immediate termination of your access to our Services.

5. GENERAL SERVICES

5.1. Digital assets Trade. The trading process on SimpleSwap is straightforward. Our Platform (1) analyses the availability of Trading Pairs and exchange rates, and (2) picks up the most beneficial options. You pick the desired Trading Pair and enter the Recipient Address to commence a transaction. Our service then carries out the transaction on a registered liquidity provider of our choice. The exact selection of available Trading Pairs may depend on your location and local regulatory restrictions.

5.2. Trade Order. To create an exchange, you should fill in a Trade Order. Your Trade Order consists of the following information: Trading Pair, amount of funds to be exchanged, type of applicable rate (either fixed or floating), Recipient Address. Other information may be requested depending on the Trading Pair, Recipient Address and other factors: email, Refund address, memo for Recipient Address and other identifiers.

5.3. Recipient Address. You are obliged to supply a recipient wallet address for every transaction. The address must be valid for the specific cryptocurrency and network involved in the transaction. It is your responsibility to ensure that the wallet address you provide is correct and accurate. We shall not be liable for any losses suffered due to transactions made to incorrect or inaccurate wallet addresses or network information provided by you.

5.4. Refund Address. For the purpose of facilitating potential refunds, we strongly recommend that you provide us with a wallet address to which any refundable amounts should be returned. It is your responsibility to ensure that the wallet address you provide is correct and accurate. We shall not be liable for any losses suffered due to refunds made to incorrect or inaccurate wallet addresses provided by you.

5.5. Deposit Address. As part of the transaction process, SimpleSwap assigns a Deposit Address to each transaction. We do not retain your assets; rather, transactions are executed on registered cryptocurrency exchange Platforms, and the exchanged funds are directly transferred to the recipient's wallet address. If you have transferred an insufficient or exceeding amount of funds to the Deposit Address, we may cancel your Trade Order and offer a refund provided that the transferred amount is more than Network Fee. User is solely responsible for (1) sending assets to the correct Deposit Address, (2) using the correct network indicated in the exchange, (3) using the correct digital asset required by the exchange. We shall not be liable for any losses suffered due to transactions made to omissions of the information required to provide.

5.6. Additional Information for the Trade Order. Depending on the Trading Pair, liquidity provider, Recipient Address and other circumstances, you may be required to provide additional information (memo (tag/note/extra ID), email, Refund address and any other additional identifiers) to your request. It is your responsibility to ensure that you provide all required information and the information you provide is correct and accurate. We shall not be liable for any losses suffered due to transactions made to omissions of the information required to provide.

5.7. Execution of Trade Order. To execute your Trade Order, you should transfer funds to the Deposit Address. You acknowledge and agree that the Deposit Address is provided specifically for a given transaction and shall not be used for any other transactions. If you transfer funds to the same address, we cannot guarantee the refund, please contact our Support Service at support@simpleswap.io.

5.8. Changes to Trade Order. The possibility to make changes to a Trade order can be limited and may not be guaranteed.

1. Changes made by the User. The changes to Trade order are not available, if Trade order is being processed and has the 'Confirming the transaction', ‘Exchanging’, ‘Sending’ status, the changes are not available. If the execution of the Trade Order has the 'Failed’ status, please contact our Support Service at support@simpleswap.io. Please note, in order to change your Trade order, we may request to provide additional confirmations.
2. Changes made by SimpleSwap. At our sole discretion, we can correct and change the Trade order by creating a new one in case the User makes a Deposit which is inconsistent with the initial Trade Order, for example, the User sends wrong Coins/Tokens, uses a wrong network, makes a second deposit for the same Deposit Address.

5.9. Transfer to a Third-Party. If, in the Trade Order, you have specified that the exchanged funds should be sent to a third party instead of your Recipient Address, and the third party rejects or fails to process the transfer in a timely manner, you agree not to request the third party to credit the funds back to the address from which they were sent. In such a situation, you must promptly contact our Support Team at support@simpleswap.io for further instructions regarding the remittance of the funds.

5.10. Use of Third-Party Services. Be aware that any third-party services you use to transfer your assets might charge you fees. These are beyond SimpleSwap's control and responsibility. You take full responsibility for the use of any such third-party services, and make sure to follow their terms and conditions. Occasionally, these third-party services may not process your cryptocurrency assets as expected, suspend the transfer, or even be unable to support it. You acknowledge and agree that we hold no responsibility in these situations.

5.11. Floating and fixed rates. There are two exchange types on our Platform: floating and fixed rate. You can always choose the most suitable option. By offering these two options, we aim to cater to your varying needs and risk tolerances.

5.12. Fixed Rate. A 'Fixed Rate' exchange allows you to receive the estimated amount at the exact exchange rate, independent of market volatility. Once we provide an estimated fixed rate for your transaction, it remains unchanged for 20 minutes, ensuring you are protected from any subsequent market rate changes. This time frame exists because coin rates can change rapidly, and maintaining a fixed rate exposes us to significant risk.

Be aware that during the given time frame you shall send us a deposit and a transaction shall get at least one confirmation in the blockchain in order to be successful.

1. If the deposit is made within the time frame, we proceed with the transaction at the estimated fixed rate.
2. If the deposit is made later than within the time frame but the estimated fixed rate remains unchanged, we proceed with the transaction at the estimated fixed rate.
3. If the deposit is made later than within a time frame but the estimated fixed rate has changed, the exchange may receive the ‘Failed’ status with the following options for the User: the exchange maybe refunded or completed at the new fixed rate.

5.13. Floating Rate. A 'Floating Rate' exchange refers to a traditional cryptocurrency exchange method where an estimated receiving amount is shown at the time the Trade Order is created. Due to the volatile nature of the cryptocurrency market, you may receive more or fewer coins than initially expected. This is because the final amount may vary due to market fluctuations between the time you initiate the transaction and when we facilitate the completion of your exchange. While exchanging at a floating rate, you shall deposit the minimum amount indicated for the completion of the exchange. Importantly, there are no strict time or upper amount restrictions for floating rate exchanges, giving you greater flexibility.

5.14. Floating Rate Fluctuations. The actual market rate at which a trade transaction is executed might differ from the rate shown at the time your trading order was submitted. You agree that we are not responsible for any such rate fluctuations. This means that the final value of your trade could be different than initially indicated, due to market conditions beyond our control. In case the final indicated amount of the transaction significantly differs from the expected, we may suspend the transaction and (1) offer you a refund, or (2) get your approval to proceed with the transaction at the indicated rate.

5.15. Exchange Statuses. Each exchange on our Platform proceeds through various stages, each represented by a specific status, which aims to provide full transparency throughout the transaction process:

• 'Awaiting your deposit' status indicates that we await your coins to be sent to the Deposit Address.
• 'Confirming transaction' status is displayed when your transaction is accumulating the necessary number of confirmations within the coin's network.
• 'Exchanging' status signifying the process of the exchange at a registered cryptocurrency exchange.
• 'Sending' status is displayed when the assets are being dispatched to the User Address.
• 'Finished' status is displayed when the exchange has been successfully completed.
• ‘Failed’ status is displayed when the exchange was stopped for any reason including but not limited to wrong address, wrong network, insufficient funds and other reasons.
• ‘Verifying’ status is displayed when your transactions are going through monitoring. In case the user is going through this exchange status, it is required to immediately contact our Support Service at support@simpleswap.io.
• ‘Expired’ status is displayed when you have not completed the necessary actions within a given time, for example if you have not sent the deposit within the applicable time for fixed rate exchanges. The User shall immediately contact our Support Service at support@simpleswap.io.
• ‘Refunded’ status is displayed when the transaction failed and the digital assets were refunded by SimpleSwap.
• ‘New Swap Created’ status is displayed when SimpleSwap changes the Trade Order according to clause 5.8 of this Terms of Service.

5.16. Transaction confirmations. While executing your Trade order, the coin’s network may proceed with a number of confirmations within the network. SimpleSwap has no control over the type or a number of confirmations. Please note, that the process of confirming your transaction may increase the period of execution of your Trade Order.

5.17. Transaction Timeframe. We strive to conduct all transfers promptly in line with these Terms. However, the speed of depositing or withdrawing your cryptocurrency assets is also dependent on the blockchain itself and chosen crypto asset. Hence, though the usual transaction timeframe takes a few minutes, it can be extended.

5.18. Service Fees. SimpleSwap's pricing model does not revolve around a traditional percentage fee. The final rate is based on a comprehensive market analysis, and we ensure full transparency with no hidden charges or fees. By using our services, you accept and consent to this pricing structure and authorise SimpleSwap, or our designated payment processor, to apply this rate to the amount you transfer to the Deposit Address.

5.19. Network Fee. The SimpleSwap system cannot know in advance the amount of network fee that will be taken from a specific transaction by a blockchain. Therefore, SimpleSwap can only provide an estimated network fee and include it in the final calculations.

5.20. Non-Execution of Trade Orders. Due to rapid movements and/or volatility in the market among other reasons, we reserve the right not to execute your Trade Order made in either fixed or floating rate. If the actual market rate significantly changes compared to the rate indicated at the time of your Trade Order, or in the event of market disruption or any other situation as we may indicate, we may refuse to execute your Trade Order. In such a case, upon receiving your separate instructions, we will do one of the following: (1) return the funds to the Original address or Refund Address; (2) execute your Trade Order in accordance with the rate newly indicated; or (3) proceed in any other manner, as reasonably instructed by you and agreed by us. This clause aims to provide the flexibility to manage situations of high market volatility, ensuring we maintain the integrity of our Services while also respecting your preferences as a user.

5.21. Right to Refuse and Restrict. We may, at any time and in our sole discretion, refuse to perform any Trade Order and/or requested transfer, impose limits on the transfer amount, or impose any other conditions or restrictions on your use of the Services without prior notice.

5.22. Special Terms on Fiat to Crypto Exchange. SimpleSwap may offer Users a technical ability to access and use fiat to crypto exchange services provided by third parties. It should be clarified that the exchange service is offered by the third party whose technology platform the User accesses. Any anti-financial crime and KYC procedures, deposits of funds, and transaction status checks will be handled at the third-party Platform and will be between the User and the third party. By accessing these services, Users understand and acknowledge their responsibility to comply with the terms and conditions of the third-party service provider, as well as any instructions, guidelines, and requests issued by that party. SimpleSwap assumes no liability for transactions carried out by the User using third-party services. The User will indemnify SimpleSwap against any claims or requests related to the User's access and use of the third-party services.

5.23. Cancellation. Due to the nature of cryptocurrency transactions, once initiated and the funds were sent to the Deposit Address, transactions in most cases cannot be cancelled. Thus, it is crucial that you verify all transaction details before confirming the exchange. In some exceptional instances, refunds may be possible but will be subject to specific conditions and procedures. Please refer to our Refund Policy below for further information.

5.24. Change, Interruption, Termination, and Discontinuance of Services. We reserve the right to modify, interrupt, or discontinue our Services, either temporarily or permanently, without prior notice. We shall not be held liable for any harm related to such actions. If you breach these Terms, we also reserve the right to terminate your access to our services.

6. REFUND POLICY

6.1. Non-refundable Trade Orders:

1. Trade orders with the statuses "Confirming the transaction", "Exchanging", "Sending" and "Finished successfully". However, SimpleSwap reserves the right to evaluate refund requests pertaining to these aforementioned statuses on a case-by-case basis, exercising its discretion to determine eligibility;
2. Trade orders that are created by using counterfeit or imitation digital assets or assets transmitted on a test network, assets involved in illicit activities

6.2. Ineligible refunds. Users are generally not entitled to a refund if their actions contravene the instructions provided during the creation of the Trade order or those explicitly displayed on the Trade order page. Such circumstances include, but are not limited to:

1. Sending digital assets other than those specified in the order or entered in the wrong network;
2. Sending Digital Assets by the User with an expired contract;
3. Deposit without a mandatory tag (MEMO Destination Tag, Payment ID, etc.) if it is indicated on the Trade order page;
4. Deposit amount lower than acceptable minimum limit.

6.3. Refund request procedure. In order to request a refund, you should contact Support Service through the official communication channels: contract form or live chat at simpleswap.io or by e-mail at support@simpleswap.io. Please note that the refund requests are processed during up to 31 (thirty-one) calendar days.

We are not responsible if the User discloses information on the User's exchanges/transactions to third parties or applies for a refund through channels other than indicated. Users should not trust personal messages or inquiries submitted by individuals claiming to represent SimpleSwap. If you cannot confirm that this is an official request from SimpleSwap, please contact us directly at support@simpleswap.io.

6.4. Refund options and verification. SimpleSwap offers users to receive a refund to the original address or to the Refund address. However, in some cases SimpleSwap reserves the right to offer a refund to the original address as the only possible solution.

Upon conducting refunds, we reserve the right to request additional confirmation of the deposit ownership in the form of screenshots, video confirmation, transaction checks, account statements, and other documents confirming eligible sources of funds.

6.5. Refund fees. In some cases, the refund requests may be associated with the following fees:

1. Network fee. SimpleSwap reserves the right to deduct network fees associated with the refund from the original deposit amount. In instances where the refunded asset is a token and not the mainnetwork coin, the User may be required to make an additional payment in the form of the mainnet coin to cover the network fee.
2. Recovery fee. SimpleSwap and /or any service provider may, in certain situations, impose an additional fee to assist with the recovery of User funds. Service provider’s commissions may be deducted from the deposit amount or levied as a separate charge.

6.6. Disclaimer of liability. SimpleSwap and/or its service providers shall not be liable for any funds sent to fake phishing sites that imitate the original SimpleSwap project. User should make sure that User is visiting the correct domain simpleswap.io. The period during which SimpleSwap holds User funds is limited to 1 calendar year. After this period, SimpleSwap does not guarantee the recovery of unclaimed funds.

7.ANTI-FINANCIAL CRIME AND KYC POLICY

7.1. Culture of compliance. At SimpleSwap, we are deeply committed to maintaining a robust and effective framework to prevent financial crimes, including but not limited to money laundering, terrorist financing, fraud, and other illicit activities. Our approach is rooted in a strong culture of compliance, upheld by strict adherence to regulatory obligations.

7.2. Our commitment. As part of this commitment, SimpleSwap implements a comprehensive Anti-Financial Crime and Know Your Customer (“KYC”) Policy, designed to detect, prevent, and report potential financial crime. This policy is an integral component of these Terms. We employ customer identification, verification procedures, and transaction monitoring measures to protect our Platform and users from financial crime. We also actively collaborate with relevant authorities to address and mitigate these risks effectively.

7.3. Your acceptance. We strongly recommend that you review this policy, as your agreement to these Terms also signifies your acceptance of our Anti-Financial Crime and KYC Policy. For your convenience, we have published this policy separately. However, it remains a vital and inherent part of these Terms. To familiarise yourself with our Anti-Financial Crime and KYC Policy, please refer to https://simpleswap.io/aml-kyc.

8.TRANSACTION FREEZE AND RETURN POLICY

8.1. Right to Freeze Funds. In our commitment to anti-financial crime regulations and our steadfast vigilance against potential illicit activities, we reserve the right to freeze any funds that are suspected to be involved in illegal activity. During such cases, we may conduct enhanced transaction and customer due diligence.

8.2. Request for Return of Funds. Owners of such frozen assets may request for their return by providing us with comprehensive details about the incident, the source of their funds, and any relevant documentation that confirms their identity and ownership of the funds. This documentation may include signed statements, scanned copies of passports or other photo identification, proof of address ownership, and proof of case filing with a relevant law enforcement body. In the case of companies, additional documentation such as an extract from the company register, articles of association, and power of attorney (if the representative is not a director) may be necessary.

We impose an additional fee of 1% of the retuned amount to cover administrative expenses, with a minimum charge of $100.

8.3. Right to Refuse Return of Funds. We maintain the discretion to refuse the return of funds if we are not satisfied with the provided information and documentation demonstrating the identity and ownership of the funds.

8.4. Waiting Period. In cases involving multiple victims, if some have not requested the return of funds, we may impose a waiting period of up to 180 days at our discretion. This allows us to ensure fairness and proportional distribution of the recovered assets among all victims.

8.5. Cooperation with Official Bodies. We will cooperate with law enforcement authorities and regulatory bodies to the fullest extent possible if any funds are suspected to be associated with criminal activity.

8.6. Ordered Asset Freezing. We may also be required to freeze assets by order of a court or other legal authority. If this occurs, we will immediately freeze the assets until the case is resolved or as directed by the freezing authority.

8.7. Legal Disclosure. We may be required to provide information to the court or legal authority about the owner of the frozen assets in case.

8.8. Queries about Asset Freezing. If you believe that your transaction has been frozen mistakenly, we encourage you to contact us directly. Please send an email outlining your position and any relevant details to our security team at security@simpleswap.io. If you have any questions about the return of the frozen funds or require additional information, please feel free to contact our security team. We endeavour to thoroughly investigate all such queries and strive to ensure the integrity of all transactions conducted through our Platform.

8.9. Limitation of Liability. We do not accept any liability for any losses that may result from the freezing of any suspicious funds or the refusal to return them. We will not be liable for any damages, losses, or expenses arising from any delay or failure to perform any of our obligations under these terms and conditions due to circumstances beyond our reasonable control.

9.TERMINATION

9.1. Suspension of Accounts/Transactions. You agree and acknowledge that we reserve the right to suspend and/or terminate your access to our Services and/or suspend your transaction at any time and this Agreement, in our sole and absolute discretion if we suspect, including but not limited to any of the following:

• you are in violation of these Terms,
• you are involved in fraudulent transactions or other illegal activities;
• you are in violation of anti-financial crime regulations;
• you are in violation of a regulatory authority requirement, court order, or law;
• an account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
• if we believe that an unauthorised person is attempting to gain access to your Customer account;
• if we believe that you are using your credentials or other account information in an unauthorised or inappropriate manner;
• if we believe that you are a PEP or a Restricted Person, or accessing our Services from Restricted Locations..

You agree and acknowledge that SimpleSwap has the right to immediately investigate your account and/or your transactions, if we suspect, in our sole discretion, that any such account has committed a violation of these Terms or violation of applicable laws or regulations. During this period, you will not be able to perform any transactions using our services until we complete our investigation.

You agree and acknowledge that in case of suspension or termination of your Account due to a violation of these Terms or violation of applicable laws or regulations, SimpleSwap has the right to cancel any benefits you earned during your participation in any promotional activities.

9.2. Dormant Funds. Any funds unclaimed within one year of their suspension, or in instances where sufficient information and documentation to substantiate the ownership and/or owner’s identity were not provided, will be deemed as dormant.

After your account and/or funds become dormant, we will send you a notice of our intention to treat it as dormant. Please note that it is your responsibility to keep your contact details up-to-date, providing a refund address, contacting our Support Service or regularly checking your account.

If you do not respond to the notice or our attempts to contact you within 30 days, we may:

• be required to deliver such funds to the authorities in certain jurisdictions as unclaimed property;
• charge a dormancy fee or other administrative charges from such unclaimed funds to cover the cost of maintaining your funds with SimpleSwap and/or our service providers, with such fee to be withdrawn directly from the dormant account on a monthly basis; and
• close a dormant account at any time.

You acknowledge that we will be under no obligation to pay any reward, incentive or interest to your dormant funds and/or account in relation to the funds credited to it.

9.3. Cancellation of Account. If you wish to cancel your account, you may do so at any time. Upon confirmation of account cancellation, your access to your account will be terminated. Please note, any ongoing transactions at the time of cancellation will be completed as per the transaction terms. Any rewards you get while participation in our promotional activities will be available for withdrawal subject to the minimum withdrawal amount. Please note that in case the amount of rewards you get is below the minimum withdrawal amount, the withdrawal is not available.

10. PROMOTIONS AND MARKETING

10.1. Promotion. In promoting SimpleSwap and its services, all users must adhere to certain guidelines and regulations as outlined in our Terms of Service. These guidelines are crucial to ensure that SimpleSwap's name and services are represented accurately and responsibly. Please note that these restrictions apply not only to our affiliate partners, but also to anyone promoting or referencing SimpleSwap in any capacity.

SimpleSwap allows you to promote our services and earn rewards when your referrals make a Completed Transaction. However, there are strict guidelines and requirements (please check here for details) that you must follow when engaging in any promotional activities.

10.2. Rewards Withdrawal. While participating in any type of promotional activities offered by SimpleSwap, all users can get rewards. Please note that each type of promotional activities has the minimum withdrawal amount indicated on the dedicated section of the Website. In case of cancellation of your account, please refer to clause 9.3 of these Terms.

10.3. Affiliate Program. The Affiliate Program is a system that allows you to promote SimpleSwap and earn a reward when the users referred by you make transactions on SimpleSwap. In order to participate in the Affiliate Program User shall be eligible to use the Services, have Customer Account, fill the application form and choose the offered tools for promotion.

For more details about the Affiliate Program, please refer to https://simpleswap.io/affiliate-program

For more details about the Affiliate Program Terms of Service, please refer to https://simpleswap.io/affiliate-terms

10.4. Loyalty Program. The Loyalty Program is a system of rewards offered by Service Provider to Users for their activity on the Website. In order to participate in the Loyalty Program, User shall be eligible to use the Services and have Customer Account. There is no fee to participate in the Loyalty Program. The benefits of the Loyalty Program are non-exchangeable, non-transferable and linked to Customer Account.

The Loyalty Program includes 4 Levels of progression based on the total amount of Completed Transactions made by User within a given period of time. Each Level provides different benefits and cashback amount in the chosen type of digital assets on all User’s transactions made once User reaches the exact Level of progression. The each Level of progression reached does not expire.

At the discretion of SimpleSwap, and by mutual agreement between User and SimpleSwap, individual User may be entitled to the Loyalty Program benefits at any Level for individual accomplishments. At the discretion of SimpleSwap and with notification to User, User reverts to Level 1 of the Loyalty Program or retains the respective level individually achieved.

We may change any feature of the Loyalty Program, including the levels, period of time, eligible amounts of transactions and the period of time for progression, and the way the program is structured. Please refer to https://simpleswap.io/loyaltyfor updated information and the details of the Loyalty Program.

SimpleSwap has a zero-tolerance policy against Users who manipulate or abuse the Loyalty Program. We may investigate cases of fraud, misuse, or abuse, and this may result in all benefits including cashback amount being cancelled and Customer account being blocked.

For more details about the Loyalty Program, please refer to https://simpleswap.io/loyalty.

10.5. Invite System. We are encouraging our users to promote SimpleSwap Services using a referral link. In order to participate in the Invite System, User shall be eligible to use the Services and have Customer Account. There is no fee to participate in the Invite System. The benefits of the Invite System are non-exchangeable, non-transferable and linked to Customer Account. User can get a commission from each Completed Transaction that has been made by another User using a referral link.

We may change any feature of the Invite System, including the amount of commission, period of time, and the way the program is structured. Please refer to https://simpleswap.io/loyaltyfor updated information and the details of the Invite System.

SimpleSwap has a zero-tolerance policy against Users who manipulate or abuse the Invite System. We may investigate cases of fraud, misuse, or abuse, and this may result in all benefits including cashback amount being cancelled and Customer account being blocked.

For more details about the Invite System, please refer to https://simpleswap.io/loyalty.

10.6. Bug Bounty Program. We have two ongoing bounty programs (Bug Bounty and Mobile App Review Bounty), with the potential for more under separate terms. The SimpleSwap Development team invites clear and concise bug reports that identify issues with the cryptocurrency software or Platform. To participate, find a bug or vulnerability on our website and report it to our Support Service at support@simpleswap.io.

11.THIRD-PARTY SERVICE PROVIDERS

11.1. ‘Third-party service provider’ refers to any platform or network in which digital assets belong to you or where you are the beneficial owner of digital assets; or any website or platform which we redirect you to; and this platform or website is maintained by a third party outside of the Services, including, but not limited to third-party accounts.

11.2. Price accuracy. Although we enforce strict price accuracy policies for all providers and do our best to ensure that the content displayed on or via our Website is up-to-date and accurate, we cannot guarantee the reliability or accuracy of such content.

11.3. No control over third-party services. SimpleSwap is not responsible for the use of such third-party service providers’ and claims no responsibility for the content, privacy procedures and policies, or practices of any third-party websites or services.

You acknowledge and agree that SimpleSwap will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, materials, information or services available on or through any such websites or services.

You further acknowledge and agree that such third-party service providers may impose additional fees. SimpleSwap will not be responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.

The exchange rate discrepancy is at any time possible due to the Third-Party service providers’ algorithms. YOU INDEMNIFY AND HOLD SIMPLESWAP HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AFORESAID EXCHANGE RATES DISCREPANCY.

While using our Services, you may encounter Third-Party content. We do not control, endorse, or adopt any Third-Party content (unless expressly stated by us) and are not responsible for it, including material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. Any business dealings or correspondence with third parties are solely between you and those third parties. We are not responsible or liable for any loss or damage resulting from such dealings. You understand that your use of Third-Party content and interactions with third parties are at your own risk.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. Proprietary Rights. All content included in or made available through the Website or any related content materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Our Content”) is the property of SimpleSwap or its content providers and protected by international copyright and intellectual property law.

12.2. Licence. SimpleSwap hereby grants you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Services, the Website, and Our Content solely for approved purposes as permitted by us from time to time. Any other use of the Services, the Website or Our Content is expressly prohibited and all other right, title, and interest in the Website or Content is exclusively the property of SimpleSwap and its licensors.The licence granted under this Section will automatically terminate if you stop using our Services or we suspend or terminate your access to the Services

12.3. Prohibited Use. You agree not to copy, transmit, distribute, sell, licence, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

12.4. Your Content. In case you upload or share any feedback, suggestion, idea or other information or material ("Your Content") with us you automatically grant us a worldwide licence to use your content for marketing or any other purposes at our sole discretion. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on the Website for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any of Your Content, recovering damages or other monetary compensation from you, suspending or terminating your Customer account (if any), or suspending your access to the Services.

13. PRIVACY AND DATA PROTECTION

At SimpleSwap, we place great importance on safeguarding your personal data and adhere to stringent international data privacy standards and regulations. By accepting these Terms of Service, you confirm your understanding and acceptance of our Privacy Policy, which outlines how we handle your personal data. Although inherently a part of these Terms, our Privacy Policy is made separately accessible for convenience here at https://simpleswap.io/privacy-policy.

14. DISCLAIMERS

EXCEPT AS EXPRESSLY SET FORTH, THE SERVICES, WEBSITE, THEIR COMPONENTS, ANY DOCUMENTATION, AND ANY OTHER MATERIALS PROVIDED BY SIMPLESWAP HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND NEITHER SIMPLESWAP NOR ANY OF ITS AFFILIATES, BUSINESS PARTNERS, CONTRACTORS, LICENSORS, CONTENT PROVIDERS (NOT INCLUDING USER), SERVICE PROVIDERS, SHAREHOLDERS, EMPLOYEES, PERSONNEL, OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, “REPRESENTATIVES”) MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, WE SPECIFICALLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF SERVICES, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

SIMPLESWAP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES:

• THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE, AND
• THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, AND
• THAT THE WEBSITE IS COMPLETELY SECURE OR INVULNERABLE TO CYBER ATTACKS, AND
• THAT THE WEBSITE AND SERVICES WILL BE COMPLETELY SAFE FROM ALL FORMS OF UNAUTHORISED ACCESS, MANIPULATION OR INTERFERENCE.

SIMPLESWAP SHALL NOT BE LIABLE FOR ANY DAMAGE OR INTERRUPTIONS CAUSED BY ANY COMPUTER VIRUSES, SPYWARE, SCAREWARE, TROJAN HORSES, WORMS, OR OTHER MALWARE THAT MAY AFFECT YOUR COMPUTER OR OTHER EQUIPMENT, OR ANY PHISHING, SPOOFING, OR OTHER ATTACK.

We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. You are solely responsible for all login credentials, including usernames and passwords and must keep security details safe at all times

15. LIABILITY

15.1. SimpleSwap liability. Liability of SimpleSwap and its Representatives to you or any third parties in any circumstance is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by our breach of these terms, and shall in no event exceed the amount of fees paid by you to SimpleSwap in the 3 (three) months preceding the event giving rise to the loss. Such sum shall be paid by us to you in full and final settlement and satisfaction of ours and any our Representatives’ entire liability for any and all losses and claims, howsoever arising, from the relevant breach. You acknowledge and agree that neither SimpleSwap or its Representatives is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.

15.2. Limitation of Liability. IN NO EVENT SHALL SIMPLESWAP OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,

1. ANY LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM :
1. ANY RISKS IDENTIFIED IN THE RISK WARNING AS UPDATED FROM TIME TO TIME;
2. ANY ACTION OR INACTION IN ACCORDANCE WITH THESE TERMS, USER’S OMISSIONS OR BREACHES OF THESE TERMS;
3. ANY INACCURACY, DEFECT OR OMISSION OF PRICE DATA, ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA;
4. ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE
5. THE THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO A DEVICE ENABLED TO ACCESS AND USE SIMPLESWAP’S SERVICES;
6. CLOSING A DORMANT ACCOUNT AFTER ALL PRECAUTIONS AND NOTIFICATIONS WERE MADE;
7. INABILITY TO CONTACT USE USING THE CONTACT INFORMATION YOU PROVIDED;
8. ACTING UPON YOUR INSTRUCTION OR IN ACCORDANCE WITH YOUR APPROVAL;
2. ANY LOSS OF, OR DAMAGE TO, REPUTATION OR GOODWILL; ANY LOSS OF BUSINESS OR OPPORTUNITY, CUSTOMERS OR CONTRACTS; ANY LOSS OR WASTE OF OVERHEADS, MANAGEMENT OR OTHER STAFF TIME; OR ANY OTHER LOSS OF REVENUE OR ACTUAL OR ANTICIPATED SAVINGS, WHETHER DIRECT OR INDIRECT;
3. ANY LOSS OF USE OF HARDWARE, SOFTWARE OR DATA AND / OR ANY CORRUPTION OF DATA;
4. ANY LOSS OR DAMAGE THAT MAY INCUR IN THE EVENT OF EXTREME MARKET VOLATILITY AND/OR AS A RESULT OF ANY CANCELLATION/AMENDMENT OF ANY TRANSACTIONS, HOWSOEVER ARISING, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF OPPORTUNITY;
5. ANY LOSS OR DAMAGE WHATSOEVER WHICH DOES NOT ARISE DIRECTLY AS A RESULT OF OUR BREACH OF THIS AGREEMENT (WHETHER OR NOT YOU ARE ABLE TO PROVE SUCH LOSS OR DAMAGE).
   
   

16. INDEMNIFICATION

You agree to indemnify and hold harmless SimpleSwap and its and Representatives from any claims, damages, obligations, losses, liabilities, actions, demands, disputes, allegations, any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority), damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses (“Losses”), arising out of or in any way connected with:

- Your use of the Services hereunder;

- Your breach or alleged breach of these Terms;

- Your breach of any warranties and representation made to SimpleSwap

- Any third-party claim related to your use of the Services

- Your failure to comply with any applicable law, including AML regulation;

We reserve the right to take control of the defence of any third-party claim that is subject to indemnification by you, in which event you shall cooperate as fully required by us in asserting any available defences. You will not settle any claims or Losses without our prior written consent.

17. MISCELLANEOUS PROVISIONS

17.1. Assignment. Neither Party may assign or otherwise transfer any of its rights or obligations under this Agreement without the prior, written consent of the other Party; provided, however, that a Party may, upon written notice to the other Party and without the consent of the other Party, assign or otherwise transfer this Agreement in connection with a change of corporate control (whether by merger, acquisition, sale of equity interests, sale of all or substantially all assets, or otherwise).Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the Parties hereto and their permitted successors and assigns.

17.2. Waiver. No failure or delay by either Party in exercising any right or remedy under this Agreement will operate, or be deemed to operate, as a waiver of any such right or remedy.

17.3. Complaints. Feedback. If You have any complaints, feedback, or questions, please contact our Support Service at support@simpleswap.io. When You contact us, please provide Us with Your name, email address, and any other information we may need to identify You, as well as the transaction on which You have feedback, questions, or complaints.

17.4. Severability. If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision, and the remainder of this Agreement will remain in full force and effect.Any provision of this Agreement, which is unenforceable in any jurisdiction, will be ineffective only as to that jurisdiction, and only to the extent of such unenforceability, without invalidating the remaining provisions hereof.

17.5. Force Majeure. Except for User’s obligations to pay any Fees and other amounts due, neither Party will be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including, but not limited to, acts of God, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, fire, flood, strike or other labour disturbance, unavailability of or interruption or delay in telecommunications or third-party services, or malware attacks or hackers.

17.6. No Third-Party Beneficiaries. No provision of this Agreement is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any Third Party

17.7. Changes to these Terms. SimpleSwap may at its sole discretion modify this Terms from time to time. Any changes will be posted on our website and the valid version of the Terms will indicate the date it was last updated. The changes will become effective immediately after posting. By continuing to use the Service you are deemed to have accepted any updated terms. If you do not agree to the updated Terms you must notify us and discontinue using the Service.

18. CONTACT INFORMATION. SUPPORT.

We provide 24/7 live support via online chat on the Platform. Please address all your inquiries to our Support Service first at support@simpleswap.io.

It is forbidden to use obscene language, words, and/or expressions of an obscene, offensive nature, threats, or actions in the Support chat or the communication with SimpleSwap representatives.