1. Introduction
Welcome to NativeSwap. These Terms of Service ("Terms") govern your use of the NativeSwap website, application, and services (collectively, the "Services") operated by NativeSwap ("we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.
2. Definitions
"Content" means any information, text, graphics, or other materials uploaded, downloaded, or appearing on the Services.
"User" means any individual who accesses or uses the Services.
"Digital Assets" means blockchain-based tokens, cryptocurrencies, or other digital assets that can be traded on the NativeSwap platform.
3. Eligibility
To use the Services, you must be at least 18 years old and have the legal capacity to enter into these Terms in your jurisdiction. By using the Services, you represent and warrant that you meet these requirements.
You may not use our Services if you are located in, or a citizen or resident of, any state, country, territory, or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law.
4. Wallet Connection
Use of the Services does not require account registration. However, certain features may require you to connect a supported cryptocurrency wallet. You are solely responsible for maintaining the security of your wallet and any activities conducted through it.
By connecting a wallet, you acknowledge that you are the lawful owner or authorized user of that wallet. You agree to ensure that all information related to your wallet connection is accurate and up to date.
5. User Responsibilities
You are responsible for all activity that occurs through your connected wallet. You agree to:
- Maintain the security of your wallet and private keys
- Promptly notify us of any unauthorized use of your wallet or other security breaches
- Ensure that you log out from your wallet after each session
- Take responsibility for all activities and content under your wallet
6. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable law, regulation, or these Terms
- Using the Services for any illegal purpose or in violation of any local, state, national, or international law
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services
- Using the Services in a manner that could disable, overburden, damage, or impair the Services
- Attempting to bypass any measures we may use to prevent or restrict access to the Services
- Using any robot, spider, crawler, scraper, or other automated means to access the Services
- Introducing any viruses, trojan horses, worms, logic bombs, or other harmful material
- Collecting or tracking the personal information of other users
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity
7. Digital Asset Trading
NativeSwap provides a platform for trading Digital Assets across different blockchains. By using our Services to trade Digital Assets, you acknowledge and agree to the following:
- You are solely responsible for understanding the risks associated with trading Digital Assets
- The value of Digital Assets can be volatile, and you could lose some or all of your investment
- We do not provide investment advice, and any information provided through the Services should not be construed as such
- You are solely responsible for determining the tax implications of your trades and for reporting and remitting any taxes that apply to your transactions
- We do not guarantee the availability or liquidity of any Digital Assets on our platform
8. Fees and Payments
NativeSwap charges fees for certain transactions conducted through the Services. The current fee schedule is available on our website. We reserve the right to change our fees at any time.
In addition to our fees, you may also be subject to network fees (gas fees) imposed by the underlying blockchain networks. These fees are not set by NativeSwap and go directly to network validators.
9. Intellectual Property
The Services and their original content, features, and functionality are and will remain the exclusive property of NativeSwap and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NativeSwap.
10. User Content
You retain all rights to any content you submit, post, or display on or through the Services. By submitting, posting, or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
You represent and warrant that you own or have the necessary rights to the content you submit and that the content does not violate the rights of any third party.
11. Privacy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms, explains how we collect, use, and protect your information. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy.
12. Third-Party Links and Services
The Services may contain links to third-party websites or services that are not owned or controlled by NativeSwap. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that NativeSwap shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
13. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
NATIVESWAP, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NATIVESWAP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
UNDER NO CIRCUMSTANCES WILL NATIVESWAP BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
15. Loss of Funds Disclaimer
Beta Period Disclaimer: During the beta phase of our Services, users may encounter unforeseen issues, bugs, or instability that could result in the loss of funds. NativeSwap does not assume responsibility for any loss or damage incurred during the beta testing period. Users acknowledge and accept the inherent risks of using beta features and understand that any funds lost due to user error, misuse, or failure to follow recommended procedures will not be refunded.
Post-Beta Disclaimer: Following the conclusion of the beta period, NativeSwap will not be liable for any loss of funds resulting from user actions, including but not limited to improper use of the platform, incorrect wallet addresses, or failure to adhere to proper security practices. Users are solely responsible for safeguarding their assets and ensuring that all transactions are executed correctly.
15. Indemnification
You agree to defend, indemnify, and hold harmless NativeSwap, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of a jurisdiction selected by the Company that does not conflict with local user protections. If no specific jurisdiction is stated, international users agree to resolve disputes under widely accepted principles of commercial and contract law.
Any dispute arising out of or relating to these Terms or the use of the Services shall be finally resolved through binding arbitration, conducted in English, under the rules of the Judicial Arbitration and Mediation Services, Inc. ("JAMS") or a comparable arbitration body. The arbitration shall be conducted by a single arbitrator with expertise in decentralized technologies and commercial contracts. The location of arbitration may be virtual or at a neutral site, as determined by the Company.
17. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
18. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
19. Entire Agreement
These Terms constitute the entire agreement between you and NativeSwap regarding the Services and supersede all prior and contemporaneous written or oral agreements between you and NativeSwap.
20. Contact Information
If you have any questions about these Terms, please contact us at [email protected].