TERMS AND CONDITIONS

This document details the Terms and Conditions (hereinafter referred to as the "Terms") that govern the use of services offered through the Software as a Service (SaaS) "Swapper.market" (hereinafter the "Platform"), hosted at the address "Swapper.market" by Apatehia, S.L. (hereinafter Swapper) made available to Internet users (hereinafter the "User" or "Users").

The current wording of these Terms and Conditions is made available to all individuals who access the services offered on the Platform for their knowledge and application.

These Terms must be read and accepted during the download, installation, or first access to the Application.

1. Information about Swapper

These GENERAL CONDITIONS, the Legal Notice, the Privacy Policy, the Cookie Policy, and any other specific conditions published on this website for the provision of services by Swapper, are applicable to any person with legal capacity who contracts the services through the website or the App (iOS/Android).

The main activity of Swapper is the provision of consulting and software development services. Swapper is a Software As A Service, located in Salamanca.

For any clarification regarding this document and its content, you can contact us at the following email address: info@Swapper.market.

2.1. Swapper's Services

Through the Platform, Users will have the possibility to access services (hereinafter referred to as the "Services") consisting of a multi-currency hot self-custody software wallet connected to different distributed ledger technology (DLT) or blockchain networks.

Swapper is not a bank or any type of financial institution and does not provide financial or investment advice, nor consulting services or assistance to users of the Services.

Self-custody wallets are distinguished as hot or cold depending on whether they are connected to the internet. The former, known as "Hot Wallets," are software wallets that store private keys on internet-connected terminals. The latter, known as "Cold Wallets," also have hardware devices.

Swapper does not provide any key custody services for users or participate in the exchange of crypto assets.

The specific conditions of each Service offered on the Platform, if any, must be accepted by the User. Otherwise, the User will not be able to access Swapper's Services or products.

2.1.1. Third-Party API Providers

The Platform may incorporate or provide access to applications or materials provided by third parties that allow, among other things, without limitation:

The User understands and accepts that all cryptocurrency exchanges and information provided through the Services are executed by Third-Party Service Providers using a series of algorithms and computer tools, and that Swapper does not exchange any crypto assets or cryptocurrencies, does not offer a service for exchanging crypto assets for any legal tender currency, does not provide price data, and cannot assist in recovering any private keys for the User.

You also understand and accept that access to third-party API Providers may be geographically restricted for residents of certain countries.

Neither Swapper nor any of the third-party API providers will ever ask you to share any private keys. Do not share any credentials or confidential information with third parties without validating their legitimacy.

Third-Party API Providers are subject to the terms and conditions established by each individual API provider. To the extent that external API providers have conditions that differ from these conditions, you must accept those conditions to access their services. The User acknowledges and agrees that Swapper does not provide customer support in relation to these services provided by third-party API providers.

2.2. Acceptance of the Terms and Conditions

Accessing and using the Platform implies acceptance of these Terms and Conditions, which will take effect from the moment the User expresses their agreement with them.

2.3. Modification of the Terms and Conditions

The Terms and Conditions may be modified, deleted, or expanded at any time unilaterally and without the need to inform users in advance.

Any changes or modifications to the Terms and Conditions will be communicated to Users at the time of their first access to the Platform after the modification of the Terms and Conditions or, if subscribed to the newsletter, will be sent by email. The new Terms and Conditions will be applicable from the moment of their communication.

Swapper also reserves the right to unilaterally change these terms and conditions of use due to regulatory changes that require or determine their adaptation, without requiring User acceptance.

3. Platform Access Conditions

As a condition for using the Services provided on the Platform, the User must register as such, for which they must:

1. Choose the authentication provider on the Platform
2. Choose one of the available options
3. Accept the present Terms and Conditions

By clicking "I accept the Terms and Conditions of use and the Privacy Policy" during registration, the User assumes responsibility and confirms that they are aware of the terms and conditions and agree to be bound by them.

The User is responsible for the accuracy of the data provided during the registration process and for promptly notifying any changes to the registered data.

The User must provide all the necessary equipment or terminal and software to connect to and use the Services. The User is solely responsible for any fees, including any incurred in accessing or using the Services.

Additionally, Swapper is not obligated and does not have the technical means to verify the identity of those who use the Platform. Therefore, Swapper will not be responsible in the event of User identity theft.

Any individual with full legal capacity in their country of residence may use the platform. Third-party API providers may request user identification through KYC if necessary to comply with their terms and conditions, detect fraudulent use or bad faith by the User, or identify any criminal activity or activity that may be illegal according to current Spanish legislation.

In the event of unauthorized use of the Platform on behalf of the User, as well as any security breaches, the User will notify, through the means established on the Platform or via email to the following address: info@Swapper.market, as soon as they become aware of such incidents. Upon notification of the incident, the User will be provided with an appropriate solution.

Swapper is not responsible for any damage or harm that may be caused to the User or any third party as a result of its use by a third party.

Swapper is not responsible for any damages that the User may have suffered by accessing the website through third-party links not controlled by Swapper. It is advisable to access the website by typing the site's address directly into the browser's address bar. Swapper or its administrators will never ask for private keys to cryptocurrency wallets or access credentials to exchanges or emails.

The User acknowledges that Swapper cannot help them recover any type of private keys and that they are responsible for self-custody of their private keys, which they will use to sign all transactions made on the platform.

The use of this software is allowed without any warranty, express or implied, including but not limited to warranties of fitness for a particular purpose.

Users are responsible for the custody of their credentials in the authentication providers that grant access to the Platform.

Since private keys are stored locally, the User is responsible for the security of the device on which it is installed, including ensuring that antivirus software is up to date and taking other measures to protect private keys.

Swapper is not responsible for any loss or damage, including the loss of funds or the blocking of accounts accessed through the Platform.

Swapper cannot retrieve passwords or access to private keys, given their local storage, under any circumstances. It is solely your responsibility to take all reasonable precautions to secure and back up your private key and the information stored within it.

While Swapper strives to provide Users with accurate and real-time information, it does not guarantee the accuracy of the data provided by third-party API providers. Users are advised to verify any information included in their various actions.

The User acknowledges and accepts that the information is provided by and belongs to the information providers for which Swapper assumes no ownership or responsibility for such information.

The Software, Services, and any information contained therein are provided "AS IS," with all faults, and Swapper expressly disclaims any warranty, representation, or condition arising from these terms or related to them or the User's use of the Platform.

You understand and acknowledge that private keys may be compromised if you choose to store them in insecure systems, such as third-party email services, which may be susceptible to security breaches and incidents. Therefore, customers cannot hold Swapper accountable for these negative experiences.

The User acknowledges and accepts that all risks arising from the use of the Platform, Services, and software fall entirely on the User.

Swapper may have "Beta" versions, features, or tools that Users can experiment with. The User acknowledges and accepts that these versions, features, or tools are offered without any warranty of any kind and may be modified or discontinued at Swapper's sole discretion.

4. Duration

These Terms and Conditions have an indefinite duration as long as the User maintains such status.

5. Price of Services

Access to the Services offered by Swapper is free. However, Swapper may receive affiliate commissions according to the conditions established by third-party API providers.

6. Responsibility for the Provided Information

Users who provide their personal data to Swapper through its Platform are responsible for the truthfulness and accuracy of such data. Therefore, any false or inaccurate statement resulting from the information and data provided will be the responsibility of the Users.

The personal data provided by Users will not be disclosed to third parties, except as necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Swapper is committed to applying the necessary security measures to prevent their alteration, loss, treatment, or unauthorized access.

By accepting these terms and conditions of use, the User declares that they will not carry out actions that may be illegal under Spanish legislation. In the event of detecting fraudulent use, bad faith, or any other aspect that contradicts the accepted terms and conditions of use by the User, Swapper reserves the right to suspend the User's account and take any legal action it deems appropriate to defend its interests.

7. User's Duty to Make Proper Use of the Platform

• Access the Platform, as well as the Services offered therein, for illegal purposes that infringe upon the rights and freedoms of third parties or that may harm, damage, or in any way hinder access to them, to the detriment of Swapper or third parties.
• Use the Platform, in whole or in part, to promote, sell, contract, disclose advertising, or information belonging to oneself or third parties.
• Perform, offer, or demand any action that incites or promotes criminal, xenophobic, terrorist, or degrading acts based on age, gender, religion, or beliefs, or that are pornographic, obscene, violent, or violate the law, morals, or good customs.
• License, sell, rent, lease, transfer, assign, reproduce, distribute, or commercially exploit the Services or the Content of Swapper, or any part thereof.
• Engage in the Services offered through the Platform in violation of these Terms and Conditions or any applicable regulations.
• Take any action that prevents or hinders other Users' access to the Platform and its contents, including hyperlinks to Services and contents offered by third parties through the Platform.
• Use any type of computer virus, code, software, computer program, computer or telecommunications equipment that may cause damage or alterations to Swapper, its Platform, the companies offering their Services there, or other Users.
• Remove or modify in any way the protection devices or identification of Swapper or the companies offering their Services on the Platform, or the symbols incorporated by Swapper in its intellectual or industrial property creations existing on the Platform.
• Reproduce, in whole or in part, the Platform or the Website on another site, webpage, or application, regardless of whether it constitutes acts of unfair competition or confusion.
• Use trademarks, trade names, and any other identifying sign subject to intellectual or industrial property rights without the prior express written authorization of the owner or licensee.
• Take any action that involves the reproduction, distribution, copying, rental, public communication, transformation, or any similar action that modifies or alters all or part of the contents and Services of the Platform or the economic exploitation thereof without the prior written authorization of Swapper or, where applicable, the third party owner of the corresponding intellectual and industrial property rights.
• Use any manual or automated software, devices, or other processes (including data scraping) to scrape or download data from any web page of the Site without the prior written authorization of Swapper.

To make proper use of the platform, the User must:

• Keep the equipment or terminal free of viruses and malicious software.
• Ensure that the access portal address is secure and access from the official website.
• Safeguard the private keys or seed phrase. The User is solely responsible for safeguarding the funds.
  
  When you start creating your wallet, the system will display a series of keywords known as a seed phrase. Make sure to accurately copy these words onto paper and store them in a safe and secure place.

8. Open Source Software and Third-Party Libraries

Both the Application and the Website may include open-source software tools or third-party libraries. Open-source software and/or third-party libraries are governed by their own specific license terms, and the User shall be subject to the terms and conditions of such licenses in relation to the use of such software or libraries, agreeing to comply with the provisions therein.

9. Swapper's Liability

Swapper only guarantees the suitability of the Platform for the purposes for which it was developed and programmed.

Swapper shall not be liable for any delays or failures in the provision of the Services offered on the Platform due to force majeure circumstances.

Swapper disclaims any liability for any use and subsequent handling of personal data of Users by third parties unrelated to Swapper to whom such data may have been transferred in accordance with Swapper's Privacy Policy, to the extent that it is beyond reasonable and diligent control.

Swapper is not responsible for the accuracy of the results provided by the SaaS that may be due to User errors or external agents such as third-party APIs, exchanges, platforms, or others, nor for any temporary technical issues that may occur in the application.

It is the User's responsibility to verify the accuracy of the results and comply with any tax and fiscal obligations they may have.

Swapper's total maximum liability to the User for any reason related to the Services, the Platform, and/or these Terms and Conditions shall be limited to proven damages directly caused by a legal or contractual breach attributable to Swapper, and in any event up to a maximum amount equivalent to the price of the Services paid by the User during one month following the date of the breach by Swapper.

In no event, except in cases of willful misconduct, shall Swapper be liable to Users for moral damages, indirect or consequential damages, such as loss of profit, loss of sales, benefits, or similar intangible concepts.

Swapper does not control and cannot control the Services offered by third-party APIs. Swapper shall not be liable for any performance or non-performance, loss of funds, or any similar activity related to software, websites, or services, including price information, exchange processing, third-party custody services, or any other related activity.

• If the wallets involve managing your own keys, you must take care of the security yourself.
• They are generally free wallets.
• They are more prone to cyber attacks. This is because they are connected to the internet all the time, which increases the risk of theft and hacking.

10. Intellectual and Industrial Property

The Platform is the exclusive property of Swapper, including the texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, etc. contained therein, and, in general, all creations expressed by any means or medium, tangible or intangible, currently known or to be invented in the future.

All content on the Platform, including trademarks, trade names, or distinctive signs, is protected by intellectual property laws.

The provision of Services through the Platform does not imply the transfer, waiver, or transmission, in whole or in part, of the corresponding intellectual and industrial property rights.

In no event shall the authors or owners of the copyright be liable for any claims, damages, or other liabilities, whether in an action of contract, tort, or otherwise, arising out of, outside of, or in connection with the software or its use or other actions in the software.

Reproduction, distribution, transmission, copying, public communication, or transformation, in whole or in part, of the Platform is prohibited without the consent of Swapper, by any manual, electronic, or mechanical system or method (including photocopying, recording, or any information retrieval and storage system) through any currently known or future-developed medium.

The User shall be responsible and shall indemnify and hold Swapper harmless for damages, losses, obligations, expenses of any kind, penalties, coercive measures, fines, and other amounts arising or derived from any claim, demand, action, lawsuit, or proceeding, whether civil, criminal, or administrative, brought by any third party against Swapper as a result of any action or omission directly or indirectly attributable to the User in relation to the alleged infringement of third-party intellectual and industrial property rights.

11. Protection of personal data

The use of the Platform is governed by our Privacy and Cookies Policy, which is incorporated into these Terms and Conditions by reference and can be accessed by clicking here.

Swapper informs you that your email address, as well as the rest of your personal data, will be used for our relationship and to provide you with our Services. This data is necessary to interact with you, enabling us to use your information in compliance with the law. Likewise, entities that need access to your information in order for us to provide our Services may become aware of your information. We will retain your data during our relationship and as long as required by applicable laws.

To the extent that the User provides or Swapper has access to any information that allows the identification of the User or another person in connection with the use of the Services, Swapper has implemented the required security measures based on the supplied data, installing the necessary technical and organizational measures, in accordance with the state of the technology, to prevent their loss, alteration, improper use, or unauthorized access to them. To exercise your rights of access, rectification, cancellation, and opposition, you must contact the file controller at the following address by submitting a written request to our address info@swapper.market. If you believe that your rights have been violated, you may file a complaint with the Spanish Data Protection Agency (www.agpd.es).

12. Other conditions

The User accesses the Platform and acquires the Services offered therein under their sole responsibility. The User is expressly informed about the potential liabilities they may incur for using the Platform for illicit purposes, particularly for the commission of criminal offenses or for potential infringement of intellectual and industrial property laws.

The User must be aware that the Internet is not entirely secure, and therefore, the User must establish appropriate technical security measures to prevent unwanted actions on their information system, files, and computer equipment used to access the Internet and, in particular, the Swapper Platform.

13. Complete Document

These Terms and Conditions and other Swapper policies available on the Platform contain all the regulatory conditions of the Services, without prejudice to other obligations provided for by applicable law.

14. Nullity and Voidability

In the event that any clause of these Terms and Conditions is null or voidable, in whole or in part, such nullity or voidability shall not affect the validity of the remainder of the document, which shall remain in full force and effect, unless the party alleging its nullity or voidability proves that, without the null or voidable clause, the purposes pursued by the Terms and Conditions cannot be fulfilled.

15. Jurisdiction and Applicable Law

Before initiating a lawsuit against Swapper, you agree to first attempt to resolve the dispute by sending an email to info@swapper.market with a detailed description of your claim. We will attempt to resolve the dispute informally via email, phone, or other methods.

Any disputes that may arise from the compliance, non-compliance, or interpretation of these Terms and Conditions, as well as the relationship between Swapper and the User, shall be governed by Spanish law.

Both Swapper and the User agree to submit exclusively to the jurisdiction of the courts of Salamanca, Spain, for the resolution of any disputes.