Please read these terms of service carefully before using our service. By accessing or using SwapJazz (swapjazz.com) you are consenting to the Terms of Service hereby stated. If you don’t agree with these terms, you must immediately cease to use our services.

These Terms of Service were last updated on June 24, 2024.

General Provisions

The Terms of Service constitute the agreement and understanding regarding the use of any or all of the services, and any manner of accessing them, between you and SwapJazz (“Website”).

The following terminology applies to these Terms:

• “User”, “You” and “Your” refers to you, the natural person (individual) accessing the Website, using our services through the Website and accepting these Terms.
• “Party” refers to either you or us. For the avoidance of any doubt, the contracting parties under these Terms are you and SwapJazz.
• “Digital Asset”, “Cryptocurrency” refer to blockchain-based software ledger data entries.
• “Exchange” means the swap of a crypto asset for another or the same one crypto asset, or the conversion of a fiat currency to cryptocurrency and vice versa.
• "Crypto Assets" means 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.
• “Classic Rate Exchange” means a classic rate cryptocurrency exchange performed at the current most profitable rate on the market, at which the Service does not guarantee this rate.
• “Fixed Rate Exchange” means an exchange performed at the same rate which is displayed to the client at the beginning of an exchange, regardless of subsequent rate fluctuations.

The user accepts that the Terms of Use may be updated by SwapJazz at any time without prior notice.

Usage of Services

By using the website, you accept these Terms and agree that you are responsible for compliance with all applicable laws, and regulations.

Accepting the terms of the classic Exchange option, also called "Classic Rate Exchange," means you acknowledge and agree that the information about the Exchange rates for the classic rate option is indicative and may differ slightly from the actual Exchange rate.

The following may be offered if the cryptocurrency market changes significantly during the Exchange:

• To proceed with the exchange at the current market rate.
• To refund the non-exchanged crypto assets to the original address or to the refund address after deducting fees, and send the exchanged funds to the payout address after conversion into the asset specified at the exchange creation.

By using the "Fixed Exchange Rate" you acknowledge and agree that the fixed exchange rate may differ from the classic exchange rate.

SwapJazz, through its exchange partner, shall complete the exchange if the following requirements are met:

• The deposit for the exchange was sent within 4 minutes from the exchange's creation. It is important to note that a payment transmitted to the blockchain network does not mean that our exchanger partner accepts this payment. The number of payment confirmations is variable and determined by the exchanger partner depending on the blockchain. This will be a minimum of 1 confirmation.
• The user sent the crypto asset to a specially generated address on the exchange page. Addresses for each exchange are disposable and cannot be used again.
• The user sent the exact amount that was displayed on the website, as well as took into account all relevant withdrawal fees and network fees.

If the situation allows for an exchange, the transaction will be made at the rate that was confirmed by the user at the beginning of the exchange.

If the market situation is such that the transaction cannot be executed any more at fixed-rate, the crypto assets will be refunded, if possible, less all applicable fees; or the user shall be offered to proceed in accordance with the rules of Classic Rate Exchange.

If the user sends an amount smaller or bigger than was specified and confirmed by the user before the creation of the exchange, the transaction shall be made in accordance with the rules of Classic Rate Exchange.

When you exchange crypto assets, you acknowledge and agree that we cooperate with (a) third-party liquidity providers and (b) in limited cases, third-party exchange service providers. We can use their services to complete the exchange.

For the exchange via our Services, our system automatically generates a one-time address.

The Website provides non-custodial services, which means that we do not store your Digital Assets on deposits and balances. SwapJazz utilizes the services of licensed third-party providers to facilitate certain aspects of its operations and services. By using SwapJazz's services, you acknowledge and agree that these third-party providers may collect, use, and share information related to your transactions and activities on the platform in accordance with their respective policies and terms of service, unless prohibited by applicable laws or regulations.

By accepting these Terms and using the Website, you represent and warrant that:

• you are at least 18 years old and have full capacity to contract under the applicable law;
• are not located in, under the control of, or a national or resident of the prohibited jurisdictions (see 'Prohibited Jurisdictions' below);
• you are only transacting on the Website with legally-obtained funds that rightfully belong to you;
• you have not previously been suspended or removed from using the Website and our services;
• you are not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Website and our services;
• you are comporting with and obeying these Terms and all applicable laws;
• you shall use the Website and our services only for the purposes related to personal non-commercial use and you do not represent any third party;
• you understand that engaging in the change of the Cryptocurrency may be risky;
• you acknowledge and agree that SwapJazz is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to you by SwapJazz shall be considered or construed as advice;
• you shall not mislead other Users and third parties during using the Website;
• you will not take any action aimed solely at causing damage to SwapJazz or other third parties;
• recognizing the international nature of the Internet, you accept all responsibility for compliance with all local laws and regulations relating to your actions in the network;
• you agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that SwapJazz provides in connection with your use of the Website and our services;
• you understand and acknowledge that any delays in services are possible;
• you shall not use proxy and VPN or other software for concealing your IP-address.

SwapJazz and its partners reserve the right, without providing notice or compensation, to temporarily suspend the Website or access to the Website in order to carry out work including, but not limited to: updates, maintenance operations and amendments to the servers, etc.

Please note there are certain specifics in respect of small deposits:

• if You make a deposit in any coin or token, equivalent less than 10 US Dollars, SwapJazz's exchange partner reserves the right not to process this exchange due to technical limitations;
• if You make a deposit in any coin or token, equivalent more than 10 US Dollars but less than minimal required sum shown to you at the exchange creation stage, SwapJazz's partner shall process the exchange but can not guarantee the rate;
• if You send a deposit in a coin or token that do not match the coin identified when creating the exchange, SwapJazz's partner shall process the exchange but can not guarantee the rate. Currently the option is available to the following blockchains: ETH, BSC, MATIC (POLYGON), TRX, ETHW, OP, ETC, KLAY, CELO, ARBITRUM, FTM, FLR, CCHAIN, CROEVM, ZKSYNC. This list may be changed at any time.

Personal Data

By accepting these Terms, you expressly allow SwapJazz and its exchange partners to process your personal data, export your personal data outside of the jurisdiction in which you reside or are located.

SwapJazz and its partners are entitled to transfer some User’s data (including IP-addresses) to business partners or governmental bodies at their request to facilitate the prevention and disclosure of prohibited or illegal actions. By accepting these Terms, you acknowledge and agree to your personal data may be transferred in this way.

For more information, refer to SwapJazz's Privacy Policy contained within the Website.

AML/KYC Procedure

The Users don’t need to create accounts: you don’t need to register or log in to use the Website.

Partner services have the right to initiate a KYC ("Know Your Customer") procedure for SwapJazz service users. SwapJazz does not process any data relating to KYC checks. These are carried out by an external provider (SumSub) only in limited cases where a transaction is flagged as potentially being connected to illegal activities.

By accepting these Terms you agree to pass through the AML/KYC procedure, which may be applied to you or may be requested by our exchange partner at any time.

Prices, Exchange Rates and Confirmations

Cryptocurrency and Digital Assets are highly experimental and risky.

SwapJazz's conversion service attempts to provide accurate price and exchange rate information via its partners, but this information is highly volatile and can change quickly without Users necessarily being aware of these changes.

For normal orders, the exchange rate you receive is calculated at the time your payment is accepted. Due to varying security between blockchain, your payment is typically considered “accepted” at six blocks confirmation. It is important to note that a payment being broadcast to the blockchain network does not constitute an acceptance by SwapJazz's exchange partner..

It is important to note that there might be situations where a third-party service provider may provide an estimated rate.

Any commission to SwapJazz is included in the final rate of the User’s change transactions. You will not be required to pay additional fees directly to the SwapJazz.

Please note that for blockchain technology, network fees are subject to change. If you make a deposit more than 30 minutes after your exchange has been created, or send a deposit amount that differs from the one specified during the exchange's creation, we cannot guarantee that the network fees will not affect the amount of cryptocurrency you will receive.

It is your responsibility to determine what, if any, taxes apply to the changes you complete via the Website and our services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that SwapJazz and its exchange partners are not responsible for determining whether taxes apply to your exchanges or for collecting, reporting, withholding or remitting any taxes arising from any transactions.

Please be aware that there might be instances where the Exchange rate presented on our platform differs from rates offered by other services or exchanges provided by other companies. These differences may arise due to the dynamic nature of the cryptocurrency market and because the rates at our liquidity providers may differ significantly from the sources. It's important to note that SwapJazz and its partners hold no liability for such variations in rates compared to external sources. Please note that SwapJaz does not hold liability for rates displayed on external resources. We advise all Users to verify the actual rates displayed by Us before initiating any exchanges through our platform. While We are dedicated to providing accurate and timely information, we cannot assume responsibility for discrepancies in rates with external resources. Users are advised to exercise prudence and consider the inherent volatility of the digital asset market when making exchange decisions.

Returns and Refund Policy

Cryptocurrency and Digital Assets are, by their nature, generally irreversible, and their exchange rates are highly volatile and transitory. We cannot be responsible for any risk in use of the Website, including but not limited to exchange rate risk and market risk. All sales and transactions after the SwapJazz exchange are final and amount is non-refundable.

Any decisions by SwapJazz's exchange partners with respect to refunds or exchanges are final.

Unsupported Digital Assets that are deposited into our system to unrelated wallets cannot be extracted or returned. SwapJazz and its exchange partners reserve the right to handle this on a case-by-case basis. Any decisions by SwapJazz's exchange partner with respect to such Digital Assets being deposited when no longer supported are final.

Transactions below the minimum limits determined on the Website can not be completed.

When the User provides a destination address, this is the only address that output funds can be sent to. Any decisions by SwapJazz's exchange partners with respect to refunds in these circumstances are final.

When the User requests the refund, it can be issued either to the initial address or the refund address specified at exchange creation only. The refund cannot be issued to a new address. To request a refund the User should log a support ticket.

SwapJazz only accepts one (1) deposit per transaction ID (TXID). If your funds are deposited in a TXID with more than one (1) deposit, you will need to contact support to receive a refund. The exchange rate will not be honored and your exchange cannot be completed.

SwapJazz is not responsible for funds that have been sent to fake sites or phishing sites. It is important that all Users shall verify they are visiting the correct URL (swapjazz.com) on their own and search for the security certificate in the URL bar of their browser.

If there are dramatic changes in the cryptocurrency market, SwapJazz and its exchange partners can not exchange Cryptocurrency on the fix rate. In this case SwapJazz's exchange partner shall carry out exchange transactions at the market rate or return the Cryptocurrency to the User at the choice of the latter. The Parties agree that under “dramatic changes in the cryptocurrency market” they understand the changes in the cryptocurrency rates equal to 3% or higher in any direction.

According to financial theft victim reports, in limited cases SwapJazz's exchange partner is able to stop funds stolen from a client or a company.

Indemnification

You agree to hold harmless and indemnify SwapJazz from and against any third party claim arising from or in any way related to:

• your breach of the Terms;
• your violation of applicable laws, rules or regulations in connection with the Website and our services,

including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs of every kind and nature.

Prohibited Jurisdictions

By accessing and using SwapJazz's services and the Website, you represent and warrant that you are not located in, or are not a citizen or resident of: United States of America, United Kingdom, Canada, Hong Kong, or any country subject to restrictions or sanctions related to cryptocurrency usage.

List of counties with restrictions or sanctions related to cryptocurrency usage:

• The Islamic Republic of Afghanistan
• The People's Democratic Republic of Algeria
• The Arab Republic of Egypt
• The People's Republic of Bangladesh
• The Plurinational State of Bolivia
• The Republic of Burundi
• The Republic of Cameroon
• The Republic of Chad
• The People's Republic of China
• The Republic of the Congo
• The Federal Democratic Republic of Ethiopia
• The Gabonese Republic
• The Republic of Iraq
• The Kingdom of Lesotho
• The State of Libya
• The Republic of North Macedonia
• The Kingdom of Morocco
• The Republic of the Union of Myanmar
• The Federal Democratic Republic of Nepal
• The State of Qatar
• The Republic of Sierra Leone
• The Republic of Tunisia
• The Republic of Ghana
• The State of Kuwait

Use of the Website is void where prohibited by applicable law. SwapJazz has the right to deny services to users identified as being located with a prohibited jurisdiction.

Permissible Use

Use of the Website may carry financial risk, and is to be used as an experimental software utility only.

When accessing or using the Website, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using the Website and our services.

Without limiting the generality of the foregoing, you agree that you will not:

• damage, disable, overburden or impair the functioning of the Website in any manner;
• use the Website and our services to pay for, support or otherwise engage in any illegal activities (such as illegal gambling activities, fraud, money-laundering or terrorist activities);
• use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access to the Website or to extract data;
• you shall not distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.

Termination of Services

SwapJazz reserves the right to suspend your access to the Website for any reason, including but not limited to breaches of these Terms, in its sole and absolute discretion, immediately without prior notice and without liability. In this event, SwapJazz is not obliged to provide reasons for any such action.

Updates to Services

SwapJazz may modify, add or remove functionalities from the Website at any given time.

Miscellaneous

Nothing in these Terms shall be construed as creating a joint venture, an agency relationship or a legal partnership between Parties.

SwapJazz has the right to involve third parties in the fulfillment of its obligations.