Terms of Service

Last modified January 31, 2024

Welcome to the DESwap website (hereinafter referred to as "we" or "DESwap") and its affiliated subdomains, accessible at https://deswap.finance. By accessing and using this website, you agree to abide by the following Terms of Service (hereinafter referred to as "this Agreement"). If you do not agree to these terms, please cease using this website.

Note: This Agreement contains important information, including arbitration clauses with legal binding and provisions preventing class-action lawsuits, both of which affect your rights to resolve disputes. This website is only applicable to you—access to this website is granted only if you fully agree to these terms.

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This website provides access to decentralized protocols on various public blockchains, allowing users to trade certain compatible digital assets and access other services. The website is one way to access the protocols but is not the only means.

To access the website, you must use non-custodial wallet software that enables interaction with public blockchains. Your relationship with the non-custodial wallet provider is governed by the terms of service applicable to that third party, not this Agreement. The wallet is not operated, maintained, or affiliated with us, and we have no oversight or control over its content. By connecting your wallet to our website, you agree to be bound by this Agreement and all referenced terms.

Modification of Terms

DESwap reserves the right to modify this Agreement at any time. Any modifications will be effective upon posting and will become part of your continued use of this website. It is your responsibility to regularly review this Agreement for any changes. If you do not agree to any modifications of this Agreement, please stop using this website.

Access and Usage

You understand and agree that your access and usage of this website are based on your sole judgment and risk. You agree to comply with all applicable laws and regulations and take responsibility for all activities conducted through your account. You are fully responsible for using the services and features provided by this website.

The website provides access to protocol through web pages or mobile-based means. To access or use the website, you must be able to form a legal agreement with us. Therefore, you declare that you have the legal age qualification, at least in your jurisdiction (e.g., reaching the age of 18 in the United States), and for any company or legal entity you may access or use the website for, you have all the rights, authority, and permissions to sign and comply with this Agreement.

You further declare that you are not (a) subject to economic or trade sanctions imposed or enforced by any government agency, or otherwise listed on any prohibited or restricted party list (including but not limited to lists maintained by the U.S. Treasury Department's Office of Foreign Assets Control); or (b) a citizen, resident, or organization announced by the U.S. State Department as subject to nationwide, regional, or area-wide economic sanctions. Finally, you declare that your access and usage of the website will fully comply with all applicable laws and regulations, and you will not access or use the website for any illegal activities.

Account and Security

When using certain features of this website, you may need to create an account. You are responsible for the accuracy and completeness of the account information provided, and you bear full responsibility for the security of your account. If you believe someone has unauthorized access to your account, you should notify us immediately.

Risk Warning

Digital assets and cryptocurrency trading involve high risks and may not be suitable for all investors. Before engaging in any transactions, ensure that you fully understand the associated risks and exercise caution in your investment decisions. DESwap is not responsible for the results of your investments.

This website may contain links to third-party websites or resources, provided for user convenience only. DESwap is not responsible for the content or availability of these third-party websites. You are solely responsible for accessing any third-party websites or resources.

Intellectual Property

This website and its content are protected by intellectual property laws. No part of this website may be copied, modified, distributed, or used without explicit permission granted by DESwap.

Disclaimer

This website and its content are provided "as is," without any express or implied warranties or representations. DESwap does not provide any guarantees regarding the accuracy, availability, security, or suitability of this website.

Prohibited Activities

You agree not to engage or attempt to engage in the following categories of prohibited activities related to your access and use of this website:

  1. Intellectual Property Infringement: Activities that infringe or violate any copyright, trademark, service mark, patent, image right, privacy right, or other proprietary or intellectual property rights under the law.

  2. Cyber Attacks: Activities attempting to interfere with or disrupt the integrity, security, or normal operation of any computer, server, network, personal device, or other information technology systems, including but not limited to deploying viruses and denial-of-service attacks.

  3. Fraud and False Statements: Activities attempting to deceive us or any other person or entity, including but not limited to providing any false, inaccurate, or misleading information to unlawfully obtain another party's property.

  4. Market Manipulation: Activities violating any applicable laws, rules, or regulations related to the integrity of the trading market, including but not limited to manipulation techniques commonly known as "pump and dump," speculation, and wash trading.

  5. Securities and Derivatives Violations: Activities violating any applicable laws, rules, or regulations related to securities or derivatives trading, including but not limited to the issuance of unregistered securities and the sale of leveraged and margin commodity products to U.S. retail customers.

  6. Sale of Stolen Items: Activities involving the purchase, sale, or transfer of stolen items, items obtained through fraudulent means, unauthorized items, and/or any other illegally obtained items.

  7. Data Mining or Scraping: Activities extracting or collecting content or information from this website through data mining, robots, scraping, or similar methods.

  8. Offensive Content: Activities involving solicitation of information from individuals under the age of 18 or engaging in otherwise harmful, threatening, abusive, harassing, infringing, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy, hateful, discriminatory, or otherwise offensive activities.

  9. Any Other Unlawful Conduct: Activities violating any applicable laws, rules, or regulations in the United States or other relevant jurisdictions, including but not limited to restrictions and regulatory requirements imposed by U.S. law.

Non-Guarantee and Disclaimer

This website is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by law, we make no representations or warranties of any kind, whether express, implied, or statutory, including (but not limited to) warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of this website is at your own risk. We do not represent or warrant that you will be able to access this website continuously, uninterrupted, timely, or securely; that the information contained in this website will be accurate, reliable, complete, or current; or that this website will be free from errors, defects, viruses, or other harmful elements. We are not responsible for any advertisements, promotions, or third-party statements about this website.

Limitation of Liability

In no event shall we or our officers, directors, employees, contractors, agents, affiliated companies, or subsidiaries be liable for any indirect, punitive, incidental, special, or consequential damages, including (but not limited to) loss of profits, loss of goodwill, loss of use, loss of data, or other intangible losses, arising from any access or use of the interface. We are not responsible for any damages, losses, or harm caused by unauthorized access or use of the interface or the information contained therein, whether due to hacking, tampering, or other unauthorized access or use. We are not liable for (a) errors, mistakes, or inaccuracies of content; (b) any personal injury or property damage resulting from your access to the interface; (c) unauthorized access or use on any secure server or database under our control; (d) errors or omissions related to the use of any content provided by the interface; and (e) defamation, offensive or illegal conduct arising from the access and use of the interface by any other party.

Dispute Resolution

We will endeavor to resolve any potential disputes through informal, good-faith negotiations. If a potential dispute arises, you must contact us by sending an email to [email protected] for an attempt at informal resolution before resorting to formal dispute resolution. If we fail to reach an informal resolution within sixty days of your email, both you and we agree to resolve any potential dispute according to the process outlined below.

Any dispute or controversy arising from or related to the interface, this Agreement, or any actions or inactions you may assert against us, shall be finally and exclusively resolved by arbitration under the rules of the Singapore International Arbitration Centre. You understand that you must resolve all disputes through arbitration. The arbitration shall be conducted on a confidential basis by a single arbitrator selected in accordance with the rules of the said Centre. The arbitration shall be held in Singapore, unless both you and we agree to conduct it elsewhere. The arbitrator shall not consolidate your claims with any other party's claims unless we agree otherwise. The judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Class Action and Jury Trial Waiver

You must bring any and all disputes against us on an individual basis, and not as a potential class action, collective action, individual action, or other representative action. This provision applies to collective arbitration as well. You and we both agree to waive the right to a jury trial.

Applicable Law

You agree that Singapore law, without regard to conflict of law principles, governs this Agreement and any dispute between you and us. You further agree that the interface will be deemed solely based in Singapore. While the interface may be available in other jurisdictions, its availability does not constitute universal or specific personal jurisdiction outside of Singapore. Any arbitration under this Agreement will be governed by the rules of the mentioned Centre. You agree that the Singapore courts shall have jurisdiction to resolve any disputes arising from the arbitration award or if the arbitration clause of this Agreement is found unenforceable.

Entire Agreement

These terms constitute the entire agreement between you and us concerning the subject matter herein. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications, and other understandings (if any) involving these terms.

Gas Fees

Blockchain transactions require the payment of transaction fees for the appropriate network ("Gas Fees"). Unless otherwise specified by the terms of the DESwap protocol, you will be solely responsible for paying the Gas Fees for any transactions you initiate.

Termination

DESwap reserves the right to terminate your access and use of this website without prior notice if you violate any terms of this Agreement.

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