Disclaimer

Introduction: Legal Information

Swixxo LTD. (hereinafter “Swixxo”, or the “Swixxo Crypto Asset Platform” [ “Swixxo CAP”]) provides access to electronic crypto assets exchange trading platform under the registered trademark “Swixxo” (domain name: https://swixxo.com).

General Disclaimer
Any individual (the “User”), who registers with Swixxo understands and accepts that crypto assets do not necessarily have a specific form of protection or regulation by any governmental body. The value of these crypto assets is highly volatile and speculative, extending the possibility of total loss.
As far as the Swixxo CAP acts solely as a platform for transacting in crypto assets, nothing on the Swixxo CAP can be ensured to contain no errors, mistakes, mispresentations or failures. Such errors, mistakes, mispresentations or failures can be without limitation the result of human agency, program or process imperfections. THEREFORE, NEITHER SWIXXO NOR, WHERE APPLICABLE, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OUTSOURCED ADVISORS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER WITH RESPECT TO THE INFORMATION AND, IN PARTICULAR, AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND/OR PROCESS. MOREOVER, SWIXXO IS NOT RESPONSIBLE FOR ANY LOSS OF MONEY, ASSETS, SECURITIES, AND OTHER TYPES OF PROPERTY BECAUSE OF USING ANY INFORMATION FROM THE SWIXXO CAP OR TRADING THROUGH SWIXXO OR AS A RESULT OF USING SWIXXO’S WEBSITE(S) OR UTILISING ANY SERVICES PROVIDED BY ANY BRAND NAME THAT MAY BE OWNED BY SWIXXO LTD.
No kind of trade agreement or contract is created between Swixxo and the Users of the Swixxo CAP. Swixxo and its Users act independently, and in no way do they create any partnership, joint venture, agency, franchise, sales representative, or secondment relationship between them.
BY CONTINUOUS USE OF THE SWIXXO SERVICES YOU AGREE TO FULLY PROTECT , DEFEND, INDEMNIFY AND SAVE HARMLESS SWIXXO, IT’S OWNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND RESPECTIVE DIRECTORS, AGAINST ALL AND ANY CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, DEMANDS, COSTS, LOSSES, LIABILITIES, PENALTIES, FINES, AND EXPENSES, OF EVERY KIND AND NATURE (INCLUDING WITHOUT LIMITATION; REASONABLE ATTORNEY’S FEES) WHICH MAY ARISE IN RELATION TO AND/OR AS A RESULT OF YOUR USE OF THE SWIXXO CAP, SWIXXO’S WEBSITE(S) or SWIXXO SERVICES.

Service Restriction
You shall not use Swixxo’s Services and immediately cease using those if you are a resident or become a resident at any time of the state or region, where Swixxo is not authorized to act [see cl.2.2.(g) of our Terms of Use].

Crypto coins and tokens Policy
Swixxo accepts deposits and provides withdrawals in any of the following crypto assets.
However, Swixxo reserves the right to reject any transactions, deposits and suspend withdrawals which its compliance and risk management service provider has decided to be the result of detecting of suspicious activity such as criminal activity or any other infringement of its compliance guidelines.

Terms of Use

The following Terms of Use (hereinafter “The Terms” or the “Terms Agreement”), apply to Users of the Site and the technology integrated therein The “Swixxo CAP” (The “Swixxo Crypto Asset Platform”), this website, (‘Site”), and any applications associated therewith, which are operated and maintained by Swixxo Ltd.; collectively or individually the “Services” (or the “Swixxo Services”, or “Swixxo’s Services).
By using any of the Services, functions, or features offered from time to time on the Site and all Swixxo Services, the User (referred to herein as “you” or “your” or yourself) acknowledges to have read, understood and have agreed to accept and comply to all of the terms and conditions in this Terms Agreement.
The following documents are incorporated into these Terms by reference: the API Terms of Service; the Risk Disclosure Statement; the Anti-Spam Policy; the Fees . Furthermore, you should read the Terms carefully in conjunction with the Privacy Policy that includes a section on Cookies.
We provide you the possibility to use the Services on the following terms and conditions.
IF YOU DO NOT ACCEPT THESE TERMS OF USE AND CONDITIONS IN THIS
AGREEMENT, DO NOT ACCESS THIS SITE AND DO NOT USE THE SWIXXO SERVICES, PRODUCTS AND CONTENT.

1. DEFINITIIONS

1.1. Account: means an account registered by the User on the Platform (Swixxo Crypto CAP).
1.2. Base Currency: means the first symbol of a trading pair.
1.3. Buyer: means the User who submits an Order to buy Cryptocurrencies or Tokens through the Platform.
1.4. Communications: means all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by Swixxo.
1.5.Cryptocurrency: sometimes abbreviated as “Crypto”, means peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
1.6. Deposit: means a Transaction involving transfer of Funds to the Account.
Feedback: means any feedback, suggestion, idea or other information or material regarding Swixxo or our Services that you provide, whether by email, posting through our Services or otherwise.
1.7. Fiat currency: means government-issued currency, designated as legal tender in its country of issuance through government decree, regulation, or law.
1.8. Funds: means Cryptocurrency and/or Fiat currency.
1.9. Margin Trading: means leverage trading when the User may trade with borrowed Funds instead of his/her own (i.e. open a position using a deposit amount smaller than the actual amount of this position).
1.10. Order: means the User’s instruction to buy or sell Cryptocurrency or Token.
1.11. Personal Information (personal data): any information which identifies you personally or which may help Swixxo to identify you (e.g. your name, address, e-mail address, trades etc.).
1.13. Platform: means an environment created by Swixxo that allows to trade Cryptocurrencies and/or Tokens, i,e, the Swixxo CAP
1.14. Rollover fee: means estimated fee that is charged by Swixxo from the User’s balance to rollover a position for the next 4 hours.
1.15. Seller: means the User who submits an Order to sell Cryptocurrencies or Tokens through the Platform.
1.16. Services: means all and any service provided by Swixxo.
1.17. Site: means Swixxo website at https://swixxo.com.
1.18. Storage: means CEX.IO service, which includes storing of balances (in Fiat currency and/or in Cryptocurrency) from the abandoned Accounts or no longer supported cryptocurrencies.
1.19. Swixxo IP: means all and any copyright and other intellectual property
rights in all content and other materials contained on the Swixxo CAP or
provided in connection with the Services, including, without limitation, the
Swixxo name, trademark, Swixxo logo and all designs, text, graphics, pictures,
information, data, software, technologies, know-hows, sound and video files,
other files and the selection and arrangement thereof.
1.20. Third-Party Content: means the content provided by third parties, which may be integrated within the Swixxo Services, including without limitation links to web pages of such parties, which may be represented on the Technology Platform.
1.21. Third-party service: means any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Swixxo Services; including, but not limited to third-party accounts.
1.22. Token: means peer-to-peer decentralized digital representation of value.
1.23. Trade: shall be understood as an exchange of the crypto/token asset of one type, owned by one Swixxo Account User, to the crypto/token asset of another type, owned by the same or another Swixxo account User, or by a third party service provider to Swixxo, or by Swixxo itself, at the terms and conditions set forth by Swixxo, and which is executed solely and exclusively within the Swixxo CAP with crypto assets deposited to those Users’ Swixxo Accounts.
1.24. Transaction fee: means a fee which is payable to Swixxo for each completed Transaction.
1.25. Transaction Price: means the total price paid by the Buyer in respect to each Transaction performed via the Service.
1.26. Transaction: means (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account (“Deposit Transaction”); (ii) transfer of
Cryptocurrencies or Fiat currencies among the Users (“Trading Transaction”), (iii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”).
1.27. User: means a person or an entity that uses the Services, agrees to follow the Terms of Use and is a holder of an Account.
1.28. Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account (or wallet) or to his/her account opened in any other financial institution, or wallet owned by the User held outside of Swixxo’s environment.

Where the context so admits words denoting the singular shall include the plural and vice versa.

2. REPRESENTATIONS AND WARRANTIES

2.1.Swixxo Services are only provided to those who are permitted to enter in legally binding relationships. Therefore, if there is any reason why you are not able to enter into legally binding relationships with Swixxo, for whatever reason, do not use the Services.
2.2. You further represent and warrant that you:
a. are at least 18 years old, or of other legal age according to your relevant jurisdiction;
b. and have the right to accept these Terms of Use and participate in transactions involving Cryptocurrencies;
c. and by doing so will not violate any other legal relationships
d. have accepted these Terms of Use;
e. use the Swixxo Services with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;
f. guarantee that your crypto assets, which you transfer to the Swixxo CAP are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;
g. will conduct withdrawals of cryptocurrency from your Account only to your wallets, otherwise Swixxo does not hold any liability for the consequences of such withdrawal.
h. will not use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
i. will not use our Services or will immediately cease using those if you are a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the crypto assets transactions you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which Swixxo has not obtained in this state or region.
2.3. When accessing or using the Swixxo CAP, and Swixxo Services you further represent, agree and warrant, 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 our Swixxo CAP and Swixxo Services Without prejudice to the generality of the foregoing, you represent, agree and warrant, that you will not:
a. Use the Technology Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from using our Swixxo Services with full functionality, or that could damage, disable, overburden or impair the functioning of Swixxo CAP in any manner;
b. Use the Technology Platform to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities;
c. Use any robot, spider, crawler, sniper, scraper or other automated means or interface not provided by Us to access the Swixxo CAP or to extract data;
d. Use or attempt to use another User Account without authorization;
e. Develop any third-party applications that interact with our Technology Platform without our prior written consent;
f. Provide false, inaccurate, or misleading information;
g. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
2.4. YOU INDEMNIFY AND HOLD SWIXXO LTD. 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, 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 WARRANTIES, REPRESENTATIONS AND COVENANTS OF THIS SECTION AND THE ENTIRE TERMS.

3. RISK DISCLOSURE

3.1. This section of the Terms is in addition to the Risk Disclosure Statement. Users understand, acknowledge and agree to accept that Cryptocurrencies and digital Tokens are volatile and may shift quickly in terms of price, liquidity, market depth, and trading dynamics. Users shall access the Swixxo Cap and Site at their own risk, and are solely responsible for determining whether trading Cryptocurrencies/Tokens fits their personal goals, financial status and risk willingness
3.2. The User is solely responsible and liable: for any and all trading and non-trading activity on the Swixxo CAP and Site and for utilizing any Swixxo Services.
3.3. The User is solely responsible and for the his/her crypto/token wallet(s) on the Swixxo CAP and Site; and, for knowing the true status of any position or contract with any other party on the Swixxo CAP and Site, even if presented incorrectly by the Swixxo CAP and Site at any time.
3.4. The User acknowledges and agrees: to be fully responsible and liable for all his/her trading and non-trading actions and inactions on the Swixxo CAP and Site, and all gains and losses sustained from his/her use of the Swixxo CAP, Site and any of the Services; to be responsible for any negative balance in his/her crypto/token wallet(s) on the Swixxo CAP and Site; to be fully responsible and liable for all of his/her obligations with respect to any financing activities on the Swixxo CAP and Site; and, to be fully responsible for safeguarding access to, and any information provided through, the Swixxo CAP and Site and any of the Services, including, but not limited to, crypto/token wallet(s), digital crypto/token address, private keys, Usernames, passwords, and bank account details.
3.5. The User fully understands, and acknowledges to accepting there is no guarantee against losses on the Swixxo CAP and Site. The User may lose more than is in his/her various crypto/token wallet(s) on the Swixxo CAP and Site if he/she engages in Margin Trading on the Swixxo CAP and Site or if there is a Force Majeure event. When Margin Trading is conducted, the loan carries risk if, among other things, when long positions are held, the value of the User’s Cryptocurrency/Token depreciates, or in the event of Margin Trading, when short positions are held, the value of the User’s cryptocurrency/token appreciates, If the value of loss incurred surpasses (is greater than) the User’s balance, he/she is responsible for responding to this market circumstance with cash or additional cryptocurrencies/tokens satisfactory to Swixxo. Failure to respond can result in the forced-liquidation of cryptocurrencies/tokens in any of the User’s crypto/token wallet(s).
3.6. Swixxo cannot guarantee to stop losses even with the ability to force-liquidate any of the User’s positions (due to, for example, market volatility and liquidity). Swixxo will not be and is not responsible for any Financing Provider losing Fiat, funds, or cryptocurrencies/tokens to any Margin Trading User on the Swixxo Cap and Site or for any losses incurred by a Margin Trading User or any other party on the Swixxo Cap and Site.
3.7. As defined in the foregoing in the provisions herein YOU AGREE TO INDEMNIFY AND HOLD SWIXXO 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, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SWIXXO CAP, INCLUDING, BUT NOT LIMITED TO THOSE ARISING FROM YOUR PERSONAL ERROR AND MISBEHAVIOR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, LOSS OF YOUR ACCESSES ETC.

4. THE USER’S RIGHTS AND RESPONSIBILITIES

4.1. The User has the right to enter and use the Site, the Swixxo CAP and Swixxo Services, provided the User agrees to and actually complies with the Terms of Use. By using the Site, the Swixxo CAP and Swixxo Services, the User agrees to accept and comply with the terms and conditions stated herein.
4.2. The User undertakes to read the entire Terms of Use carefully before using the Site, the Swixxo CAP or Swixxo Services provided by Swixxo.
4.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
4.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
4.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform Swixxo about any unusual, suspicious, unclear or abnormal changes on the User’s Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and Swixxo will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
4.6. The User agrees that, whenever the Transaction is conducted, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.
The User undertakes to notify Swixxo immediately of any unauthorized use of their Account or password, or any other breach of security by email addressed to support@Swixxo. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by Swixxo or any User of the Site and Services.
4.7. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
4.8. The User is responsible for any and all damages caused, and all liability actions brought against Swixxo for infringement of any third-party rights or violation of any applicable laws.
4.9. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
4.10. Users are solely responsible for determining whether any contemplated Transaction, or undertaken Transaction, is appropriate for them based on their personal goals, financial status and risk willingness.
4.11. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.

5. SWIXXO’S RIGHTS AND RESPONSIBILITIES

5.1. Swixxo has the right to suspend the User’s Account and block all Cryptocurrency or/and Fiat currency contained therein in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User.
5.2. Swixxo undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms of Use.
5.3. Swixxo’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the Cryptocurrency/Token transferred. When initiating cryptocurrency transactions to a non-Swixxo User, Swixxo’s responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
5.4. To the extent permitted by law, Swixxo is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by Swixxo.
5.5. Swixxo is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why its Site is unavailable at any given time.
5.6. Swixxo is not responsible for the delay in the processing of payments or Transfers made by the fault of any third parties, operators of such transactions.
5.7. In case of changes in the legislation of a particular country or state, the consequences of which are stricter regulation of a Cryptocurrency/Token presented on the Platform, Swixxo may restrict trading on a certain pair with such a Cryptocurrency/Token for Users who are subject to such changes in legislation. In such a case the User will only be able to withdraw the limited for trading Cryptocurrency/Token to an external address.
5.8. In the case of fraud, Swixxo undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
5.9. Nothing in these terms excludes or limits the responsibility of Swixxo for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.

6. CONSENT TO ELECTRONIC COMMUNICATION

6.1. You agree and consent to receive electronically all Communications, which Swixxo may be willing to communicate to you in connection with your Swixxo CAP Account and/or use of the Site or any Swixxo Services. You agree that Swixxo may provide these Communications to you by posting them on the Swixxo CAP or via email. You may contact Us through our Support Center (support@swixxo.com) to request electronic copies of Communications.
6.2. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support@swixxo.com. If this is a case, you waive your right to plead
ignorance. If you decline or withdraw consent to receive electronic Communications, Swixxo may suspend or terminate your use of the Swixxo CAP.
6.3. It is your responsibility to keep your email address on file with Swixxo up to date so that communication with you may be conducted electronically. You understand and agree that if you do not receive electronic Communication sent to you by Swixxo it is because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Swixxo will be deemed to have provided the Communication to you. You waive your right to plead ignorance. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Swixxo to your email address book so that you will be able to receive the Communications Swixxo sends you. You can update your email address at any time by logging into your Swixxo Account or by sending such information to support. If your email address becomes invalid in a such way that electronic Communications sent to you by Swixxo are returned, Swixxo may deem your account being inactive, and you may be not able to complete any transaction via the Swixxo CAP until We receive a valid, working email address from you.

7. SPECIAL CONDITIONS

7.1. Once a User’s Deposit/Withdrawal request or Trade order is executed, a confirmation will be electronically made available via Swixxo CAP detailing the particulars of the Transfer. Users acknowledge and agree that the failure of the Swixxo CAP to provide such confirmation shall not prejudice or invalidate the terms of such transaction.
7.2. Swixxo may, at any time and at its sole discretion, refuse to perform any Transfer requested via the Swixxo CAP, impose limits on the Transfer amount permitted via the Swixxo CAP or impose any other conditions or restrictions upon your use of the Swixxo CAP without prior notice.
7.3. Swixxo may, at its sole discretion and without liability to Users, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of its Services.
7.4. You may only cancel a Transfer request initiated via the Swixxo CAP if such cancellation occurs before Swixxo executes the Transfer. Once the User’s Transfer request has been executed, he/she may not change, withdraw or cancel his/her authorization for Swixxo to complete such Transfer. If a Trade order has been partially filled, Users may cancel the unfilled remainder unless the order relates to a market rate Trade. Swixxo reserve the right to refuse any cancellation request associated with a market rate Trade order once the User has submitted such order. While Swixxo may, at its sole discretion, reverse a Trade under certain extraordinary conditions, Users do not have a right to a reversal of a Trade.
7.5. If a User has an insufficient amount of crypto assets in his/her Swixxo Account to complete a Transfer via the Swixxo CAP, Swixxo may cancel the entire order or may fulfill a partial order using the amount of crypto assets currently available in the User’s Swixxo Account, less any fees owed to Swixxo in connection with Swixxo’s execution of the Transfers.
7.6. It is every Users’ responsibility to determine what, if any, taxes apply to the Transfers they complete via the Technology Platform, and it is their responsibility to report and remit the correct tax to the appropriate tax authority. Users agree that Swixxo is not responsible for determining whether taxes apply to their transfers or for collecting, reporting, withholding or remitting any taxes arising from any Trades and Transfers and does not act as a (Users’) tax agent.
7.7. Swixxo owns exclusive rights, including all intellectual property rights, to Feedback. Any Feedback Users submit is non-confidential and shall become the sole property of Swixxo. Swixxo will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to Users. Users waive any rights they may have to the Feedback (including inter alia any copyrights). Users shall not provide Feedback if they expect to be paid or want to continue to own or claim rights on it; their ideas might be great, but Swixxo may have already had the same or a similar idea and does not want disputes. Swixxo also has the right to disclose a User’s identity to any third party who is claiming that any content posted by the User constitutes a violation of their intellectual property rights, or of their right to privacy. Swixxo has the right to remove any posting Users make on its (Swixxo’s) website if, in Swixxo’s opinion, the post does not comply with the content standards set out therein.

8. SUSPENSION AND TERMINATION OF YOUR SWIXXO ACCOUNT

8.1. In case of your breach of the Terms, or any other event as Swixxo may deem necessary, including without limitation market disruption and/or Force Majeure event, at its sole discretion
and without liability to you, with or without prior notice:
 a. suspend your access to all or a portion of Swixo’s Services; or
 b. prevent you from completing any actions via the Swixxo CAP, including closing any open Trade orders. In case the transferring resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event; or
 c. terminate your access to the Services, delete or deactivate your Swixxo Account and all related information and files in such Account.
8.2. In the event of termination, Swixxo will return any crypto assets stored in your Swixxo Account and not owed to Swixxo, unless Swixxo believes you have committed fraud, negligence or other misconduct.

9. NO OFFER OF SECURITIES

9.1. Swixxo endeavors all possible measures to be sure that crypto assets that are available via the Swixxo CAP cannot be classified as “security” by SEC and/or other competent national authorities. Moreover, Swixxo represents that it never intended or desired to make tokens and/or coins that can be classified as “security” available via the Swixxo CAP.
9.2. The responsibility for the fact that the instrument cannot be treated as “security” lies with the owner of coin and/or token. If there is any risk or speculations that coin and/or token can be treated as “security”, Swixxo reserves the right to prohibit and discontinue any transactions on the Swixxo CAP with such tokens and/or coins at its sole discretion.
9.3. Swixxo follows best practice procedure to decide whether crypto asset is security or not. However, Swixxo in no way, form or manner provides any warranty and/or investment, financial, legal or any other professional advice, that any crypto asset available via the Swixxo CAP is not a security.

10. REGISTRATION OF AN ACCOUNT WITH SWIXXO

10.1. It is necessary for the User to go through the registration process and create an Account with Swixxo to use the Swixxo CAP in a right order and with its full functionality.
10.2. Swixxo reserves the right, at its sole discretion, to limit the number of Swixxo Accounts that the User (you) may hold, maintain or create. Swixxo Accounts cannot be assigned to any third party.
10.3. When you create a Swixxo Account, you undertake to:
 a. create a strong password that you do not use for any other websites, online or off-line services;
 b. provide accurate and truthful information. Please check Swixxo’s Privacy Policy (Privacy Policy) for the information on how We collect, use and share your personal information;
 c. agree to submit proof of identity and proof of residence documents;
 d. maintain and promptly update your Swixxo Account information;
 e. maintain the security of your Swixxo Account by protecting your password and restricting access to your Swixxo Account;
 f. promptly notify Swixxo if you discover or otherwise suspect any security breaches related to your Swixxo Account;
 g. take responsibility for all activities that occur under your Swixxo Account and accept all risks of any authorized or unauthorized access to your Swixxo Account, to the maximum extent permitted by law.

11. DEPOSIT/WITHDRAWAL OF CRYPTO ASSETS TO SWIXXO ACCOUNT

11.1. The Swixxo CAP allows Users to remit crypto assets to Swixxo Account from external third-party service and vice versa except to certain limitations, which may be updated from time to time. YOU INDEMNIFY AND HOLD SWIXO LTD. 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, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR DEPOSIT/WITHDRAWAL TRANSFER REQUESTED IN VIOLATON OF SETTLED LIMITATIONS.
11.2. Authorization to create an address. You understand and acknowledge, that an address for receiving crypto assets will be created automatically as soon as you request the Deposit transfer
and before any crypto asset can be remitted to Your Swixxo Account and you fully and irrevocably authorize its creation.
11.3. Ownership verification. In case you are required to verify, that you possess crypto asset of the third-party service that you use to remit crypto asset to your Swixxo Account, you undertake to provide such verification by following Swixxo instructions.
11.4. Deposit/Withdrawal Authorization. When you request Swixxo to Deposit crypto assets into, or Whithdraw crypto assets out from, your Swixxo Account, you authorize Swixxo to execute such Transfer via the Swixxo CAP.
11.5. No control over third-party services. You may be charged fees by the third-party service you use to remit your Swixxo Account. Swixxo is not 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.
11.6. Rejected or Suspended Deposit/Withdrawal Transfers. In some cases, the third-party service may reject your crypto assets to be processed, suspend the Deposit/Withdrawal Transfer of your crypto assets, or be not able to support the Transfer, or may otherwise be unavailable. YOU AGREE THAT YOU WILL NOT HOLD SWIXXO LIABLE FOR 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, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH SUCH REJECTED OR SUSPENDED ETC. DEPOSIT/WITHDRAWAL TRANSFERS.
11.7. Delays. Subject to the terms and conditions of these Terms, Swixxo will use commercially reasonable efforts to record all Transfers on a spot basis as soon as practicable. However the timing associated with Deposit/Withdrawal of crypto assets depends inter alia upon the performance of third-parties services, and Swixxo makes no guarantee that crypto assets will be Deposited/Withdrawn in any specific timeframe. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD SWIXXO LTD. 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, 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 TRANSFER DELAY, WHETHER ORIGINATED FROM OUR FAULT OR NOT.

12. CRYPTO ASSETS TRADE

12.1. Please note, that trades on the Swixxo CAP may take place between Users or with third party liquidity providers or with Swixxo acting as the principal. Swixxo makes no guarantee for a crypto/token transaction and the associated record of transfer of the User’s crypto assets from/into/on his/her Swixxo Account to take place in any specific time frame. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD SWIXXO LTD. 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, 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 TRANSACTION DELAY, AND THE DELAY OF THE ASSOCIATED RECORD OF THE TRANSACTION, WHETHER ORIGINATED FROM OUR FAULT OR NOT.
12.2. When you submit a new Trade order via the Swixxo CAP, you authorize Swixxo to:
 a. record a transfer of Your crypto assets from/into/on your Swixxo Account and/or,
 b. where applicable, reserve Your crypto assets on your Swixxo Account in accordance with such Trade order
 c. and charge you any applicable fees for such record (as described in the Terms).
12.3. The User acknowledges and agrees that, respective to his/her trading activity, the Swixxo CAP is not acting as a party of transferring of a particular crypto asset.
12.4. Trade rates. Each placed Trade order may create different market exchange rates. You acknowledge and agree that the rates information made available via the Swixxo CAP may differ from prevailing rates made available via other sources outside of the Swixxo CAP.
12.5. Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any crypto assets, the actual market rate at which a market Trade transaction is executed may be different from the prevailing rate indicated via the Swixxo CAP at the time of your Trade transaction. The User understands that Swixxo is not liable for any such rates fluctuations.
12.6. The rates made available via the Swixxo CAP shall not be considered as an investment or financial pieces of advice or referred to as such and cannot be used as a basis of investment strategy, legal position in the court and nothing in the rates information can be ensured to contain no errors, mistakes, misrepresentations or failures etc. THEREFORE, NEITHER SWIXXO, NOR, WHERE APPLICABLE, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OUTSOURCED ADVISORS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER WITH RESPECT TO THE RATES INFORMATION AND, IN PARTICULAR, AS TO THE ACCURACY OR COMPLETENESS OF THE RATES INFORMATION. YOU AGREE TO INDEMNIFY AND HOLD SWIXXO 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, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF RATES INFORMATION AND/OR YOUR TRADING ACTIVITY VIA THE SWIXXO CAP.

13. MARGIN TRADING

13.1. Margin Trading is available for long and short positions, which are a subject to specific fees, limits and conditions defined by Swixxo
13.2. Swixxo may charge its fees for opening and/or closing of a position, as well as for keeping a position open (“Rollover fee”). Relevant fees can be found on the Fee Schedule page at https://swixxo.com/fees.
13.3. The User may rollover an opened position for the next 4 hours multiple times paying the Rollover fee.
13.4. In any case, an opened position should be closed within 360 days as of the day it was opened.
13.5. Due to volatility and constant changes on a cryptocurrency market Swixxo reserves the right to close any open position at any time. In order to cancel the position closure the User has to replenish their Account in order to cover the missing amount within its opened position covered by Swixxo If the User does not close or cover their position after a notice, this position can be closed automatically. Swixxo does not cover any losses occurred due to position closure.
13.6. The User acknowledges and agrees that in order to avoid their balance to go negative, Swixxo reserves the right to close any open position, with or without any notification to the User when the price of a Base Currency (i.e. first symbol in the trading pair) approaches the ‘stop loss price’ value, specified by the User while opening a position.
13.7. Depending on the situation on the Cryptocurrency market any open position can be closed before the onset of ‘stop loss price’. Wherein, the closure price could differ from ‘stop loss price’. Swixxo does not cover any losses occurred due to the position closure.
13.8. The User acknowledges and agrees that the position opened under margin trading conditions on the Swixxo CAP may be closed before the stop-loss price occurs if there is no possibility of reserving the required trading volumes for closing the position at the lowest price. The estimated closing price in the margin trading interface may be different from the real closing price.
Swixxo reserves the right to close any open position without any notice to the User if the User has no sufficient Funds to pay relevant fees or if a position is opened more than 360 days.
13.9. The User acknowledges and agrees that when the position is closing the Swixxo CAP displays the approximate closing price, which may differ from the final due to instant changes in cryptocurrency market.
13.10. YOU AGREE THAT YOU WILL NOT HOLD SWIXXO LIABLE FOR 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, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH MARGIN TRADING AND THE FORCED CLOSING OF OPEN TRADES, SUSPENSION OF YOUR ACCESS TO MARGIN TRADING.

14. SWIXXO’s FEES

14.1. You agree to pay the fees for Transfers completed via the Swixxo CAP (“Fees”) as defined by the Fees and Limits (https://swixxo.com/fees), which Swixxo may change from time to time.
Changes to the Fees are effective as of the effective date indicated in the posting of the revised Fees, and will apply prospectively to any Transfers that take place following the effective date of such revised Fees.
14.2. The User authorize Swixxo, or Swixxo’s designated payment processor, to charge or deduct his/her Swixxo Account crypto assets for any applicable Fees owed in connection with trades he/she complete via the Swixxo CAP.

15. ROUNDING POLICY

15.1. For all financial calculations Swixxo uses the rounding policy in the favour of the Platform. Swixxo rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for Cryptocurrencies/Tokens varies depending on Cryptocurrency/Token.
15.2. For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to Fiat currencies, Cryptocurrencies/Tokens etc.) will not be reflected at the User’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.

16. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITIES

16.1. Except as expressly provided to the contrary in a writing by Swixxo, Swixxo’s services are provided on an “As is” and “As available” basis. SWIXXO EXPRESSLY DISCLAIMS, 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 SWIXXO’S SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
16.2. You acknowledge that information you store or transfer through Swixxo’s services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including but not limited to software failures, protocol changes by third party providers, internet outages, Force Majeure event(s) or other disasters including third party DDOS (Distributed Denial-OF-Service) attacks, scheduled or unscheduled maintenance, or other causes either within or outside Swixxo’s control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through Swixxo’s services.
16.3. Except as otherwise required by law, IN NO EVENT SHALL SWIXXO, ITS 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 SWIXXO’S SERVICES OR THE SWIXXO CAP, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SWIXXO, 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 SWIXXO’S RECORDS, PROGRAMS OR SERVICES.
16.4. Swixxo resumes the right, at its sole discretion, to control any action or proceeding (at its expense) to which it is a participant and determine whether it wish to settle it.
16.5. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWIXXO (INCLUDING ITS 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, SWIXXO OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO SWIXXO WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
16.6. Swixxo shall not be liable for:
 a. any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information;
 b. any loss or damage arising from a Force Majeure Event.
16.7. Swixxo strives to protect its Users from fraudulent and scam activities in the crypto assets sphere. It is possible that some crypto assets are purposed for unlawful seizure of the property, or are construed as a fraud, scam or any other activity, recognized by the laws as illegal and/or non-compliant with legal requirements. Swixxo reserves the right to prohibit and discontinue any transactions on its Swixxo CAP with such crypto asset at its sole discretion, without any prior notice to you and without publication of the reason for such decision, whenever this comes to Swixxo’s knowledge. YOU INDEMNIFY AND HOLD SWIXXO LTD. 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, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH PROHIBITION AND DISCONTINUATION OF TRANSACTIONS IN THE SWIXXO CAP WITH ANY CRYPTO ASSET.
16.8. To be able to access to the Swixxo CAP, the User may use without limitation different mobile devices, such as mobile internet devices, tablets/smartphones and wearable computers (“Mobile Devices”). In no way, does Swixxo make any guarantee that each particular Mobile Device is compatible with the Swixxo CAP. YOU AGREE TO INDEMNIFY AND HOLD SWIXXO 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, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SWIXXO CAP VIA MOBILE DEVICES, INCLUDING, BUT NOT LIMITED TO THOSE ARISING FROM YOUR INABILITY TO CONNECT TO THE SWIXXO CAP FROM PARTICULAR MOBILE DEVICE AND YOUR PERSONAL ERROR AND MISBEHAVIOR SUCH AS YOUR LOSS/DAMAGE/DEFECT OF SUCH MOBILE DEVICE.
16.9. IN NO EVENT SHALL SWIXXO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (a.) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (b.) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (c.) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (d.) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (e.) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (f.) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (g.) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (h.) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (i.) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (j.) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT SWIXXO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SWIXXO’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER’S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

17. INDEMNITY

17.1. BY CONTINUOUS USE OF THE SWIXXO CAP YOU AGREE TO FULLY PROTECT , DEFEND, INDEMNIFY AND SAVE HARMLESS SWIXXO, IT’S OWNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND RESPECTIVE DIRECTORS, AGAINST ALL AND ANY CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, DEMANDS, COSTS, LOSSES, LIABILITIES, PENALTIES, FINES, AND EXPENSES, OF EVERY KIND AND NATURE (INCLUDING WITHOUT LIMITATION; REASONABLE ATTORNEY’S FEES) WHICH MAY ARISE IN RELATION TO AND/OR AS A RESULT OF YOUR USE OF THE SWIXXO CAP, THE SITE, OR THE SWIXXO SERVICES. THE INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THE TERMS OF USE OR THE USER’S USE OF THIS SITE OR THE SWIXXO SERVICES.

18. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS

18.1. Unless otherwise indicated by Swixxo, Swixxo IP is the proprietary property of Swixxo or our licensors or suppliers and is protected by international copyright laws and other intellectual property rights laws.
18.2. Swixxo hereby grants you a limited, nonexclusive and non-sublicensable license to access and use the Swixxo IP for your personal or business use solely for the purposes of regular use of the Swixxo CAP.
18.3. Such license is subject to these Terms and does not permit:
 a. any resale of the Swixxo IP;
 b. the distribution, public performance or public display of any Swixxo IP;
 c. modifying, adapting or otherwise making any derivative uses of the Swixxo IP, or any portion thereof; or
 d. any use of the Swixxo IP other than for the intended purposes.
18.4. The license granted under this Section will automatically terminate if Swixxo suspend or terminate your access to the Services.

19. FORCE MAJEURE

19.1. In the event that Swixxo is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure (including but not limited to the flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, suspension of bank accounts of any kind, extraordinary leaps of the quote of crypto asset, communications, network or power failure, or equipment or software malfunction or any other cause beyond Swixxo reasonable control), change of law or change in sanctions policy, Swixxo will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

20. GOVERNING LAW AND ARBITRATION

20.1. The User and Swixxo agree to arbitrate any dispute arising from these Terms or his/her use of Swixxo’s Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
20.2. The User and Swixxo agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Swixxo shall be sent to legal@swixxo.com.
20.3. Any dispute, controversy, difference or claim arising out of or relating to the Terms, that are governed by Belize Law, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Supreme Court of Belize under its administered arbitration rules in force when the Notice of Arbitration is submitted.
20.4. The arbitration proceedings shall be conducted in English language.
20.5. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Belize, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
20.6. Whether the dispute is heard in arbitration or in court, you will not commence against Swixxo a class action, class arbitration or representative action or proceeding.

21. MISCELLANEOUS

21.1. Entire Agreement. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.
21.2. Order of Precedence. In the event of any conflict between these Terms and any other agreement you may have with Swixxo, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
21.3. Modifications and Amendments. Swixxo reserves the right to amend, modify or change the terms and conditions of the Terms Agreement at any time and at its sole discretion by publishing the revised version on the Terms of Use on the Site, and updating the “Last Updated” date at the top of these Terms. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. As such, the User’s continued use of Swixxo Services acts as acceptance of the amended agreement and rules. If you do not agree to any amended Terms, you must discontinue using the Swixxo Services and contact Swixxo to terminate your Account.
21.4.No Waiver. Swixxo’s failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
21.5.Severability. 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.
21.6.Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Swixxo, including by operation of law or in connection with any change of control. Swixxo may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
21.7.Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
21.8.Interpretations. Terms “Remittance”, “Deposit”, “Withdrawal”, “Trade” and some others referred to herein are used in a the reference to crypto assets solely and as defined in cl. 1 herein and shall not be deemed as construed for the use in regular financial understanding
21.9.Competitions. From time to time Swixxo’s business partners, contractors, agents, referring agents, counterparties may hold different competitions, trials, games and any other type of events available to Users through our Swixxo CAP, and, or Site. By agreeing to participate in such competitions, the User shall comply with the rules of each particular competition and act according to them. Unless otherwise provided by the rules of particular competition, Swixxo does not control and is not associated with any of such competition and shall have no responsibility for conducting and holding the competition. Swixxo reserves the right to publish the rules of the competition received from the holder of the competition. The User understands and acknowledges that his/her participation in such competition, and his/her interactions with holder, are at his/her own risk. YOU INDEMNIFY AND HOLD SWIXXO 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, 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 WARRANTIES, REPRESENTATIONS AND COVENANTS GIVING BY THE HOLDER OF THE COMPETITION.

22. THIRD-PARTY CONTENT AND LINKS TO THIRD PARTY SERVICE PROVIDERS

22.1. This Site, the Swixxo CAP and the Swixxo Services integrated therein may contain Third-Party Content and Links to Third-Party Service Providers that are not owned, controlled or endorsed by Swixxo. Swixxo assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party content and websites. In addition, Swixxo does not censor or edit the content of any Third-Party Service Provider, also not the content on the Third-Party Websites. By using this Site, the Swixxo CAP and the Swixxo Services integrated therein, you expressly release Swixxo from any and all liability arising from the User’s use of any Third-Party Content and third-party websites. Accordingly, Swixxo encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.

23. CONTACT

23.1. If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account or any other matter, please, contact us via legal@swixxo.com.
23.2. Post address for correspondence, use:
New Horizon Building. Ground Floor,
3 ½ Miles Philip S.W. Goldson Highway,
Belize City, Belize,
Central America