1.1. SwapRadar is an online digital aggregator that functions as an intermediary layer between the user and the various crypto assets exchanges and platforms (hereinafter, the “Crypto Exchanges”).
1.2. The Services provided by SwapRadar allow all users of the Site to exchange crypto assets with an option to choose one of the Crypto Exchanges for the exchange. This means that the Services may be provided by SwapRadar or through reliable third-party services depending on various conditions.
1.3. We reserve the right to change, suspend, or cease the Site with or without notice to you. You approved that SwapRadar will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
1.4. YOU INDEMNIFY AND HOLD SWAPRADAR 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 YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM YOUR PERSONAL ERROR AND MISBEHAVIOR SUCH AS INCORRECT USE OF CRYPTO ASSETS ADDRESSES, INCORRECTLY CONSTRUCTED TRANSACTIONS ETC.
2.1. To access and use the Website you represent, warrant, covenant and agree that:
2.2. You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT:
2.3. YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
3.1. As SwapRadar is a technological platform that acts as an aggregator, we reserve the right to choose the Third-Party service provider that the exchange will go through or execute the exchange by ourselves. When you use our Services, you acknowledge and agree that SwapRadar may generate the best offer for the user considering the existing various market conditions and agreements between us and Third-Party service provider.
3.2. Since SwapRadar aggregates Third-Party service providers, there is a possibility that such a Third-Party service provider may charge the fees, unless otherwise agreed by SwapRadar and Third-Party service provider.
4.1. As between you and SwapRadar, you acknowledge that SwapRadar retains all rights, title, and interest in and to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics, the software and application programming interfaces (APIs) comprising the Services, and all content therein (“IP”).
4.2. SwapRadar, its logos, icons, color scheme and graphics as well as certain other SwapRadar trademarks are protected by local and international intellectual property laws and treaties.
4.3. We grant you a limited, non-exclusive, non-sublicensable license to access or use our IP for your personal use only.
4.4. In any case any materials, including text, graphics, video, audio, software code, user interface design or logos, in whole or in part, may not be reproduced, duplicated, copied, modified or otherwise exploited for any commercial purpose.
4.5. The license granted under this Section will automatically terminate if We suspend or terminate your access to the Services.
5.1. Except as expressly provided to the contrary in a writing by us, our Services are provided on an 'As is' and 'As available' basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
5.2. Except as otherwise required by law, IN NO EVENT SHALL SWAPRADAR, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR 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 USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SWAPRADAR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SWAPRADAR’S RECORDS, PROGRAMS OR SERVICES.
5.3. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWAPRADAR (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE SWAPRADAR OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO SWAPRADAR WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
6.1. You agree that SwapRadar may, without prior notice, immediate terminate, limit your access to or suspend your access to the Services. Cause for such termination, limitation of access or suspension shall include, but not limited to:
6.2. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in SwapRadar’s a sole discretion and that SwapRadar shall not be liable to you or any third-party for any termination of access to the Services.
7.1. You and SwapRadar shall strive to settle all disputes and disagreements between us arising from or in connection with these Terms by the complaint procedure.
7.2. You and SwapRadar agree to notify each other in writing of anycomplaint within thirty (30) days of when it arises. Notice to SwapRadar shall be sent to [email protected] Failing to reach an agreement, all disputes arising out of connection or in connection with these Terms, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the competent court.
7.3. Any dispute between the parties will be governed by these Terms.
7.4. Whether the dispute is heard in arbitration or in court, you will not commence (as well as will not participate) against SwapRadar a class action, class arbitration or representative action or proceeding.
8.1. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.
8.2. In the event of any conflict between these Terms and any other agreement you may have with Changelly, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
8.3. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
8.4. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
8.5. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Changelly, including by operation of law or in connection with any change of control. Changelly may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.