1. Acceptance and Eligibility

1. This is a contract between you and Smart DeFi Limited, a private company incorporated in the British Virgin Islands. References in these Terms to “CrowdSwap”, “we”, “our” or “us”, are to Smart DeFi Limited and references to “you”, “your”, “customer” or “user” are to the person with whom CrowdSwap enters into these Terms.
2. These Terms apply to your use and access to the Platform. Upon accessing, connecting a Connected Wallet (as defined below) to or using the Platform you agree to be legally bound by and to comply with these Terms, our Privacy Policy and all additional terms, policies and agreements incorporated herein by reference and amended from time to time at our sole discretion.
3. The Platform, our services and their usage are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (i) are of legal age to form a binding contract (at least 18 years old under the law of the British Virgin Islands); (ii) have not previously been suspended or removed from using the Platform or any our services; (iii) are not identified as an individual who is restricted or barred from conducting banking or financial transactions, in any jurisdiction or under any applicable laws; (iv) are not placed on any list of suspicious persons banned from travelling or conducting business or financial transactions in any jurisdiction; (v) are not a citizen, a permanent resident or located at any state, country, territory or other jurisdiction that is embargoed by the United Nations or the British Virgin Islands; and (vi) have full power and authority to agree to these Terms.
4. In addition to the above, you must have the necessary equipment (an internet-connected computer, mobile phone, tablet or other supported device) and the associated telecommunication service subscriptions to access the internet. Access to the Platform may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to access any services, supported decentralised protocols, liquidity pools, smart contracts and may also lead to technical support-related time delays. We shall not be liable for any losses resulting from or arising out of any such delays.

2. Platform

1. The Platform provides the graphic user interface to interact with decentralised swap, aggregating, routing and/or cross-chain liquidity protocols, related pools and smart contracts (collectively, “Protocols”), including interacting with the CrowdSwap protocol and its related ecosystem and smart contracts, and also with functionality of accessing to various information related to crypto assets and related markets. We provide only a graphic user interface to access and interact with Protocols, we neither transmit information, instructions or orders, facilitate any activities nor execute exchange transactions in crypto assets.In order to use the Platform and its functionality (including interaction with Protocols) you would need to sign in by connecting one of the following decentralised wallets/gateways (“Connected Wallet”): MetaMask wallet, WalletConnect-supported wallet, Authereum wallet, or Torus decentralised gateway.We do not support the functionality of the creation of blockchain wallets or connecting blockchain wallets to decentralised applications, wallets or protocols.
2. You are responsible for creating a strong password and maintaining adequate security and control of the password, the passphrase and/or the private key related to your Connected Wallet. Any loss or compromise of your passwords, passphrases, private keys and/or your personal information may result in unauthorised access to your Connected Wallet by third parties and in the loss or theft of any crypto assets stored or accessible through your Connected Wallet. We assume no responsibility or liability for lost or misplaced passwords, passphrases, private keys and/or personal information.
3. You are fully responsible for each and every action or transaction made with or through the Platform under your Connected Wallet, including, but not limited to, interacting with Protocols. We shall never be liable for any loss or damage due to the lack of security of your Connected Wallet.
4. You hereby acknowledge and agree that we have no obligation to enhance, modify or replace any part of the Platform or to continue developing or releasing new versions of the Platform.
5. While using the Platform, you may be exposed to promotional materials that offer or present services of third parties. We do not endorse any third-party websites or services and are not responsible or liable for any loss or damage should you use or view such services.

3. Interaction with Protocols

1. When we provide you with the functionality of interaction with Protocols, related pools and smart contracts all actual execution of swap instructions and transactions, any clearing, settlement and filing happen in a complete decentralised fashion by a Protocol operated at the peer-to-protocol model.
2. You hereby acknowledge and agree that we do not execute the swap transactions, we do not hold or store any crypto assets, we do not collect, store, process or host instructions you submit through the Platform, we do not act as a custodian for your crypto assets.
3. You do not interact with us when you perform swaps, interact with liquidity pools, provide instructions to a Protocol, rather you interact with a decentralised Protocol that matches your instruction or request with the corresponding liquidity pool.
4. We do not own or control the underlying software which governs the operation of Protocols, even technically supported by the Platform. All interaction you make with Protocols via the Platform will be strictly between you and these Protocols.
5. While we have developed and technically supported the Protocol named Crowd Swap and related smart contracts, both Protocol and smart contracts run in a fully decentralised and autonomous manner. We are neither involved nor in any way responsible for the operation, running or functioning of such Protocol and related smart contracts.
6. You hereby acknowledge and agree that we have no liability to you for any claims or damages that may arise as a result of any actions or transactions that you engage in while interacting with Protocols through the Platform.
7. You hereby acknowledge and agree that any third person is able to create any liquidity pool through any technically supported Protocol and add technical settings to such pool that can be of the fraudulent or misrepresentation nature. You shall at all times verify and check any liquidity pool you intend to instruct or transact with.
8. You acknowledge that the functionality of Protocols, liquidity pools, smart contracts, blockchain networks, layer-2 networks, crypto assets, tokens are experimental in nature. We make no representations or warranties of any kind regarding these third-party applications, including but not limited to representations and warranties of compliance, availability, or security.

4. Information Accessible via Platform

1. We may provide you through the Platform with access to various information on crypto assets and related markets.
2. All the information displayed via the Platform is retrieved directly from the respective blockchains or Protocols and is not collected, compiled or in any manner modified or processed by us.
3. We do not and will not represent or guarantee that any of the information available through the Platform including, but not limited to, the charts, diagrams, graphs, is accurate, reliable, current, complete, valid, stable or appropriate for your needs. We disclaim any liability for any loss or damage should you use or view the information available through the Platform.
4. Information may be changed or updated from time to time without notice. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Platform are your sole responsibility.

5. Fees and Taxes

1. In consideration for access to the Platform and/or using its functionality, interacting with Protocols, we, Protocols and/or liquidity pools may take fees that are based on your interaction with the Platform and/or such Protocols, on making swap transactions and/or usage of any other related services.
2. We will inform you of fees amounts and their description via the Platform. Fees are subject to revision by us, Protocols and/or liquidity pools with or without prior notification.
3. You hereby agree to pay all the applicable fees and any other amounts incurred by you or on your behalf through the Platform. You are responsible for checking fees regularly and in each instance before interacting with the Platform and/or Protocols.
4. Please be aware that blockchain networks may take fees or commissions incurred by your activities, including but not limited to transactions fees (gas fees). We are not and will never be responsible for commissions of any blockchain networks or third parties.
5. You acknowledge and agree that we have no control over any transactions via blockchain networks, the method of payment of applicable gas fees, or any of your actual payments of gas fees.
6. It is your responsibility to determine whether, and to what extent, any taxes apply to activities you perform through the Platform, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.

6. Intellectual Property Rights

1. The Platform, including any enhancements, derivatives and improvements thereof, is the sole property of us. All the text, images, sounds, music, marks, logos, compilations, charts, diagrams, graphs and other content that forms a part of the Platform (collectively, the “Content”) are the sole property of us and our affiliates.
2. We hereby grant you a limited, revocable, non-exclusive, non-transferable license, subject to the terms and conditions of these Terms, to access and use the Platform and Content solely for purposes approved by us from time to time. Any other use of the Platform or Content is expressly prohibited.
3. Nothing in these Terms shall grant you any property rights or ownership rights. You shall not copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the Platform or any other part of the Content.
4. We do not grant you any licenses or accept the use or display in any manner our trademarks, service marks, logos, or slogans.
5. In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Platform (collectively, “Feedback”), you agree that we may use the Feedback in any way we deem appropriate and that you will not be due any compensation for your Feedback.

7. Risks Disclosure. Assumptions of Risks.

1. Holding and purchasing crypto assets, including tokens, cryptocurrencies, interacting with Protocols, smart contracts and pools involve significant risks and potential for financial losses, including, without limitation:
   • The features, functions, and underlying technology of any crypto assets may be complex, technical or difficult to understand or evaluate.
   • Any crypto asset and its underlying technology may be vulnerable to attacks on the security, integrity or operation.
   • Any decentralised protocol, liquidity pool or smart contract may be vulnerable to Attacks, including phishing attacks, and may cease to operate as expected.
   • Any liquidity pool or smart contract can be created by any party and may introduce a broken logic or fraudulent behavior.
   • Any crypto asset may decrease in value or lose all of its value due to various factors including market manipulation, changes to asset properties, and other factors outside our control.
   • Any crypto asset may be lost if sent to the wrong address.
   • We undertake no responsibility for conducting any due diligence or screening process with regard to any decentralised protocol, liquidity pool or any crypto asset accessible through the Platform.
2. The risks described in this Section may result in loss of crypto assets, decrease in or loss of all value, inability to access or transfer crypto assets, and other financial losses to you. You hereby assume and agree that we will have no responsibility or liability for such risks. You hereby irrevocably waive, release and discharge any and all claims against CrowdSwap, its affiliates and their respective Representatives related to any of the risks set forth herein.
3. You represent and warrant that you have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any crypto assets and any decentralised protocols, liquidity pools or smart contracts.
4. We do not provide any advice, do not have any fiduciary duty to you or any other user, and do not make any warranty about the suitability of any transactions with any crypto assets for you.

8. Warranties

You accept responsibility of all activities and contents generated by you through the Platform. You further acknowledge that we do not act as your broker-dealer, intermediary, agent or advisor with respect to any request you make via the Platform and owe you no fiduciary duty. Any communication by us to you shall not be construed as legal, tax, accounting or financial advice.

9. Limitation of Liability

To the maximum extent permitted by applicable law and rules, our aggregate liability for all claims under these Terms shall be limited to the total fees actually paid by you to us in the three (3) months immediately preceding the date of the applicable claim.

10. Use and Termination

1. You shall not: (i) violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Platform; (ii) use the Platform in any manner to engage in any illegal gambling activities, fraud, money laundering, or terrorist activities; (iii) introduce to the Platform any malware, virus, worms, Trojan horses, logic bombs, or other harmful material; (iv) develop any third-party applications that interact with the Platform without our prior written consent; (v) use the Platform in any manner that could interfere with, disrupt, or negatively affect other users; (vi) encourage or induce any third party to engage in any of the activities prohibited under these Terms.
2. We may suspend, restrict, or terminate your access to any portion of the Platform, and/or any of its functionalities for any reason, with or without explanation. We shall not be obliged to provide you with the notice of our actions.

11. Indemnification

You hereby agree to defend, indemnify and hold harmless CrowdSwap, its affiliates and their Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use and access to the Platform, including your interactions with Protocols, pools or smart contracts, any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your negligent or wilful misconduct; or (vi) any other party’s access and use under your Connected Wallet.

12. General Terms

1. All notices and communications by you to us under these Terms shall be made in writing to the email: [email protected] and are effective on the date received.
2. We may modify these Terms by providing notice of such changes, such as by providing notice through the Platform or updating the “Last Updated” date of these Terms. By continuing to access or use the Platform, you confirm your agreement to the modified Terms.
3. We are an independent contractor for all purposes. Nothing in these Terms shall be deemed or is intended to be deemed to cause you and us to be treated as partners, joint venturers, or otherwise as joint associates for profit.
4. These Terms of Service, Privacy Policy, and all other documents incorporated by reference herein and therein, comprise the entire agreement between you and us.
5. These Terms are personal to you; you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests and/or our obligations at any time.
6. If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
7. These Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Terms shall prevail.
8. These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands. Any dispute, controversy, or claim arising out of, or relating to, or in connection with these Terms shall be referred to the BVI International Arbitration Centre for resolution pursuant to the BVI IAC Arbitration Rules.