Zwaply Terms of Service and Privacy Policy

Posted On 22 januari 2021

Zwaply Terms of Service, and Privacy Policy

Zwaply is owned and operated by Crypto Holdings S.A. (Panamá), that collectively, “Zwaply,” “We,” or “Us” includes its owners, operators, employees, contractors, directors, officers, employees, agents, insurers, suppliers, and attorneys.

Here you can find the terms by which you may use Zwaply.com and any other service offered by Zwaply (“Websites”, “apps”, “bots”) in messaging apps, social media networks, our Application Programming Interfaces (“API”), provided in connection with the swap of certain crypto assets (collectively, the “Service”) whether via computer, tablet, cell phone or any device that can transfer information.

Zwaply Service

The Service allows you to swap crypto assets directly from or to Zwpaly. To initiate a swap, you will (i) select the crypto asset that you want to “Sell/Send” and the crypto asset that you want to “Buy/Receive”; (ii) provide a destination address for the crypto asset you will receive; and (iii) send the crypto asset you are swapping to the address provided to you by Zwaply (collectively, the “Transaction”).

By using our Service, or submitting crypto assets to a wallet we indicate, you signify that you have read, understood, and agree to be bound by these Terms of Service (these “Terms”).

At the same time you acknowledge and agree to the collection and use of your information as set forth in the Zwaply Privacy Policy (at the bottom of this page), and our Returns and Refunds Policy below. These Terms apply to all visitors and users that access or use the Service (“Users”).

Zwaply does not endorse or recommend, now or never, any particular crypto asset, transaction, or investment strategy. No content on our website, app, bots or social media, nor communications with company personnel constitutes purchase or investment advice. Independent advice should be sought where appropriate. You acknowledge and agree that all transaction decisions are made solely by you and Zwaply bears no responsibility whatsoever, or liability of any kind for the outcome of your investment decisions.

THE RISK OF LOSS IN SWAPPING CRYPTO ASSETS CAN BE SUBSTANTIAL. YOU SHOULD THEREFORE CAREFULLY CONSIDER IF SWAPPING CRYPTO ASSETS IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL SITUATION.

VERY IMPORTANT: Zwaply does not cover market risks and is not, and can not be held responsible for any loss or damage that caused by Third-Party Services (like exchange platforms). By accepting this Terms of Service, you acknowledge and agree that the exchange rates information we provide you at the beginning of a transaction are just an estimation only (that is the reason why we say APPROX) and may differ from prevailing rates available via other sources. We can not guarantee that the amount you end up receiving will be exactly the same as quoted at the beginning of the transaction. Zwaply guarantees that performs its best efforts to provide Users with the best available rate at the exacto moment of the swap.

Also, bear in mind contract payments are not accepted on Zwaply. Just make sure you are providing us with the right address.

Before you use our Services, please read this agreement carefully to ensure that you understand each provision.

Eligibility

By using our Service, you warrant that you are:

at least 18 years old, and have full capacity to contract under applicable law
only transacting on Zwaply with legally-obtained funds that belong to you, and you only
not performing, undertaking, engaging in, aiding, or involved in any unlawful activity through your relationship with us or through your use of Zwaply
behaving according to all applicable laws, in your country and in Panamá

Zwaply reserves the right to terminate your access to the Service for any reason, including but not limited to breaches of our Terms, specific requests by the authorities, or in our sole and absolute discretion.

The use of Zwaply is expressly forbidden where prohibited by applicable law of User’s country.

Zwaply offers a non-custodial service, which means we do not store your crypto assets on deposits, we never hold your crypto asseets.

At the same time, it could occur that we need to further verify your identity in order to perform the KYC/AML verification procedure, we reserve the right to freeze your account for any period of time necessary to complete the mentioned investigation.

You hereby understand and acknowledge that any delays are possible, probable and expectable. You indemnify and hold us harmless against any claims, demands or damages, whether direct, indirect, consequential or special, or any other damages of any kind, included, but not limited to, loss of use, loss of profit or loss of data, whether in action or in contract, included, but not limited to negligence or otherwise, arising out of or in any way connected with the exchange delay, whether originated from our fault or not.

Prices, Exchange Rates, and Blockchain Confirmations

Crypto assets are highly volatile and financially risky. Our swap service attempts to provide market price and exchange rate information, but this information is highly volatile and it could change dramatically in a matter of minutes, without users necessarily being aware of these market fluctuations.

For regular swaps, the exchange rate you receive is calculated at the time your payment is validated in the respective blockchain. Due to different security issues among different blockchains, your payment is typically considered “confirmed” at least after six blocks. It is important to note that a payment being broadcast to the blockchain network does not constitute an acceptance by Zwaply of that payment.

Please contact us for more detailed information on exchange rates.

No Storage of Crypto Assets

Cryptocurrency are an intangible asset, they exist only by virtue of the ownership record maintained in the Cryptocurrency’s blockchain and/or network. The Service Zwaply performs does not store, send or receive cryptocurrencies. Any transfer of title in cryptocurrencies occurs within the decentralized Cryptocurrency network and not within the Service.

Returns and Refund Policy

Crypto assets are, by nature and definition, irreversible. Once they are sent and arrive at the destination’s wallet, they are gone forever.

Their exchange rates are highly volatile, with sudden changes of 10% or more in minutes, and sometimes seconds. Zwaply can not be held responsible for any financial risks by using the Service, including but not limited to exchange rate risk and market volatility risk. All swaps using Zwaply are final.

If an error occurs with a user’s exchange, the “Status” of the transaction will indicate whether or not the failed swap will result in a refund of the user’s deposited asset or the outgoing asset to which the user was swapping.

The asset deposited by the user will be refunded to the user if the “Transaction Status” either:

indicates the exchange failed by displaying “failed” message; or,
indicates the exchange got stuck in “awaiting exchange,” “pending confirmation,” or “waiting for deposit” stages.

The outgoing crypto asset will be swapped and sent to user if the “Transaction Status” indicates a successful swap by displaying one of the following messages: “Done”, “Completed”, or “Success.”

Zwaply handles requests from users on a case-by-case basis. Any decisions by Us regarding refunds are final.

All transactions executed by Us will not include miner fees, or costs of sending and receiving the funds.

Users have a maximum of 30 days to claim and dispute regarding funds held by Us due to any error, whether by you or us. Refund requests submitted after the 30 day period will not be refunded. Any decision made by Us regarding refunds in these circumstances are final.

Zwaply makes all efforts to guarantee users make no mistake when submitting the address of the receiving wallet (namely someone else’s address, or wrong crypto asset). If that is the case, we can not do anything about it. The funds can not be brought back in that case.

Users can not swap under $25 US Dollars in equivalent value in crypto asset.

Zwaply will not refund any crypto asset that are worth less than the equivalent in crypto of $1 (one) US Dollar due to the mining fee and administrative costs.

When user provides a destination address, this is the only address that funds can be sent to by Zwaply for that transaction. At the same time, Zwaply only accepts one deposit per transaction ID (TXID).

Also, never trust private messages, solicitations, or requests for funds from people claiming to be Zwaply unless you have verified that it is an official request from a company employee.

WARNING: Make sure you are swapping at Zwaply and not its many incarnations, copycats, or phishing sites/bots/apps.

For Personal Use Only

Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for your personal use only and as allowed by the features of the Service.

You are strictly prohibited from using Zwaply for any illegal or fraudulent purposes or for the purpose of consummating transactions for any other parties.

Just to be crystal clear, you must be the beneficial owner of the crypto assets, the sending address, the destination address (and eventually the refund address if necessary) involved in each and every transaction performed from your account.

Zwaply reserves all rights not expressly granted herein in the Service and we may terminate this license at any time for any reason or no reason.

Allowed Jurisdictions

In order to use the Service, you have to be allowed to do so in your country. All countries not allowing its citizens to buy, sell, trade or own crypto assets should stay away from Zwaply and do not engage in any swap using the Service.

No Cancellation, Edits or Change in Transactions

Due to the nature of crypto assets, once a transaction request has been submitted to the blockchain via the Services, the swap will automatically complete or reject the request and you will not be able to cancel or otherwise modify in any way, shape or form your transaction request.

Zwaply has no control over the blockchains involved in the swaps and does not have the ability to cancel or send modification requests. As a result, all transaction requests initiated by the User via the Services are IRREVERSIBLE.

Our Fees

The low fee of less than 1% Zwaply charges is already included in the quote you get when you show interest in performing a swap using the Service.

Electronic Swap Terms

A transaction performed using the Service may fail for several reasons, including but not limited to change in seller prices, insufficient margin, unspecified lot size or unanticipated technical difficulties.

We make no representation or warrant that any transaction will be executed properly. Zwaply is under no circumstances liable for any loss or injury suffered by a failure of a transaction to complete properly.

Further, Zwaply is in no way responsible for notifying you of a transaction failure. The User has full responsibility to determine and inquire into the failure of any transaction the User initiates.

In the event that you receive any data, information or software other than that which you are entitled to receive pursuant to these Terms, you will immediately notify us and will not use, in any way whatsoever, such data, information or software.

If you request a withdrawal of funds from your Account and we cannot comply with it without closing some part of your open positions, we will not comply with the request until you have closed sufficient positions to allow you to make the withdrawal.

We shall be entitled to act for you upon instructions given by or purporting to be given by you or any person authorized on your behalf without further inquiry as to the genuineness, authority, or identity of the person giving or purporting to give such instructions, provided such instruction is accompanied by correct information about you.

Zwaply Rules

You agree not to engage in any of the following prohibited activities:

(i) modifying, disassembling, decompiling or reverse engineering the Service, the app, or the bots;

(ii) renting, leasing, loaning, reselling, sublicensing, or otherwise transferring the App to any third party or use the App to provide time sharing or similar services for any third party;

(iii) other than as specifically approved in writing, any copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;

(iv) other than as specifically approved in writing, using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Zwaply servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;

(v) transmitting spam, chain letters, or other unsolicited email;

(vi) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

(vii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

(viii) uploading invalid data, viruses, worms, or other software agents through the Service;

(ix) collecting or harvesting any personally identifiable information, including account names, from the Service;

(x) using the Service for any commercial solicitation purposes;

(xi) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

(xii) interfering with the proper working of the Service;

(xiii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;

(xiv) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation removing, circumventing, disabling or otherwise interfering with security-related features or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or

(xv) deleting the copyright and other proprietary rights notices.

Ownership of Funds

You hereby certify that any funds used by you in connection with the Service are either owned by you or that you are validly authorized to carry out transactions using such funds, and that all transactions initiated directly or indirectly by you are for your own account and not on behalf of any other person or entity.

Suspension of Service

Zwaply may (a) suspend or terminate your access to the Service, and (b) deactivate or cancel your access to it as required by a valid subpoena or court order, or if Zwaply reasonably suspects you of using the Service in furtherance of illegal activity.

If any transaction is in a pending state at the time your access is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. In the event that Zwaply terminates this agreement or your access to the Services, you will remain liable for all amounts due hereunder.

In the event that a technical problem causes system outage or account errors, Zwaply may temporarily suspend access to the Platform until the problem is resolved.

Disclaimer of Warrantees

Zwaply provides no guarantee as to the performance or the uninterrupted availability of the Service. Our Service is provided on an “as is,” “as available” basis without warranties of any kind, either express or implied.

Zwaply does not represent or warrant that the services and the information contained therein are accurate, complete, reliable, current or error-free. We will make reasonable efforts to ensure that transactions on the platform are processed in a timely fashion, but makes no representations or warranties with resepct to the amount of time needed to process such transactions.

Because transfers between crypto assets on and off the platform are dependent upon many factors outside of our control, Zwaply makes no representations or warranties regarding the success of, or the amount of time needed for, cryptocurrency transactions. For instance, the amount of crypto assets Users will receive after a swap is indicated as Approx, due to all the factors that are involved in a transaction.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you, and/or the rest of the Users.

Limitation of Liability

To the maximum extent permitted by law, Zwaply shall have no liability for any damages of any kind (including without limitation indirect, special, incidental, consequential, or tort damages, or lost profits) in connection with your use of the Service, even if Zwaply has been advised or is aware of the possibility of such damages.

In no event will Zwaply’s liability for money damages under these terms exceed the amount of fees received from you during the preceding three (3) month period.

Indemnification

You agree to indemnify, defend and hold Zwaply, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use of the Service, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.

Governing Law

These Terms shall be governed by the laws of Panamá, without respect to its conflict of laws principles.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

You agree to submit a potential case for dispute resolution in a court in Panamá.

You also agree that Panamá is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

Change of Terms

Zwaply reserves the right to change, add, edit, remove or modify the Website, the Service, the Bots, the Terms of Service or any content therein, at any time, with or without notice, at its sole discretion.

Privacy Policy

Zwaply does not in any way obscure the information that it does request or obtain from Users. Due to the inherent transparency of blockchains, transactions made using the Service are public, and may be disclosed by Us, to any third party, including but not limited, to government regulators.

We may also place cookies on your device while you access the Service. Cookies collect user information including website usage, visits to the website and other user generated information. Cookies allow certain benefits to users while navigating the site and using the Service.

Any sensitive information in these cookies are encoded so that only Zwaply can interpret the information stored on them. The cookies are placed for the following purposes:

Recognize you as an existing Zwaply User
Collect information about your device to mitigate risk and help prevent fraud
Customize your experience, content, and measure promotional effectiveness

Further, use of cookies and other technologies may allow Us and third parties to collect information about user browsing activities over time and across different websites following use of Service.

Zwaply may also ask for mobile/phone verification from user while creating transactions for some exchanges and store this information to provide a better experience to our users. Phone numbers that end users provide for authentication will be sent and stored by third party phone verification services to improve their spam and abuse prevention.

Zwaply may also use third party analytical tools to collect data about usage of our website. The information collected identifies the types and timing of actions taken, including installation, registration, uploading, and certain types of navigation. All of this information is used internally for the purpose of understanding how the website is being used and to improve the same.

You are advised to not utilizing Zwaply to obscure transactions or assets in any way. Law enforcement has full access to blockchain information with respect to Users that go in or out of Zwaply’s system. You accept that Zwaply will comply with all legal requests for information and reserves the right to share the information shared by you in its sole discretion.

From time to time, Zwaply might works with several providers of swapping solutions, so your transaction will be legally bind by them as well. ShapeShift and Changelly Terms of Service and Privacy Policies.

Contact

If you have any questions relating to these Terms of Service, your rights and obligations arising from these Terms of Service and/or your use of the Website, the Service, the Bots, or any other matter, please contact us at http://Zwaply.com/contact.