Welcome to the Terms of Service (these “Terms”) for the Ashswap website and documentation accessible at (https://app.ashswap.io/) (the “Website”) as operated on behalf of Ashswap AG (“Ashswap”, “We” or “Us” or “Our”). The Website and any content, documentation, software, tools, features and functionality offered on or through our Website are collectively referred to as the “Services”.
These Terms govern your access to and use of any of the Services. Please read these Terms carefully, as they include important information about your legal rights.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorised representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
These Terms of Services may be updated from time to time for any reason. We reserve the right, at Our sole discretion, to change these Terms, to modify or replace any part. If We make material changes to these Terms, We will notify You of any changes to Our Terms by posting the new Terms at https://ashswap.io/terms. The date the Terms were last revised is identified at the beginning of these Terms. It is Your sole responsibility to review the Terms from time to time to view such changes and to ensure that You understand the terms and conditions that apply when You access or use Our Services. By continuing to access or use the Service, you confirm Your acceptance of the revised Terms. Changes to these Terms are effective when they are posted on this page.
If there is a conflict between two versions of the Terms that You have agreed to or been deemed to have agreed to, the latest version shall prevail unless expressly provided otherwise.
SECTION 17 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE ASHSWAP’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW.
1. GENERAL INTRODUCTION
We provide through our Website access to and Services in connection with a decentralised protocol on the MultiversX blockchain that allows users to exchange certain compatible cryptoassets (“the Protocol’’). Our Website is one, but not the exclusive, means of accessing the Protocol.
To access the Protocol, you must use non-custodial wallet, which allows you to interact with the MultiversX blockchain. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of that third party, not this Terms. Wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents.
You agree and understand that our Services are distinct from the Protocol and that Ashswap does not control or operate any version of the Protocol on the MultiversX blockchain. By using our Services, you understand that you are not buying or selling any cryptoassets from us and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol. When traders pay fees for trades, those fees accrue to liquidity providers for the Protocol. As a general matter, Ashswap is not a liquidity provider into Protocol liquidity pools and liquidity providers are independent third parties. You hereby declare that You fully understand that if You lose your recovery words (and the private keys associated with Your wallet), You will not be able to access Your wallet and Your funds. We do not have access to Your recovery words (and the private keys associated with Your wallet), You are the only one who has access to them.
2. THE PROTOCOL
a. Nature of Protocol
The Protocol is a decentralised protocol on the MultiversX blockchain created to exchange (swap) between different types of cryptoassets and earn rewards by participating in certain types of token staking. The Protocol is intended as a technological tool that may be used as part of your own self-directed virtual asset transaction workflows.
Ashswap is not involved in any transactions, whether as an intermediary, counterparty, advisor or otherwise. In particular, We are not a custodian or a counterparty to any transactions executed by you on the Protocol. We do not support any other service, particularly we do not provide any order matching, guaranteed prices, or similar exchange or trading platform services.
The Protocol is also not part of the Website and is not a Service of Ashswap and does not constitute any element of the Services. We do not control the Protocol and accept no liability for the operation of any of the foregoing. The Protocol continues to evolve through its communities of supporters. We are a member of those communities, and we contribute to the continuing development of the Protocol, including by making available documentation and other tools. But Your use of the Protocol is entirely at your own risk.
b. Your responsibility for use and compliance
The Protocol is not a service of any kind, and you should not rely on Ashswap to assist you to evaluate the Protocol, assess its fitness for any purpose or comply with any requirements. You assume all risks arising from interactions with the Protocol. Ashswap is not liable for any claim, damages or other liability, whether in contract, tort or under any other theory of liability, arising from, out of or in connection with the Protocol. Without limitation, you are solely responsible for identifying and complying with applicable legal and regulatory requirements in connection with the use of the Protocol, including with respect to any transactions. Any parameters set by Ashswap are for its own purposes and should not be taken to infer any responsibility of Ashswap for your activities.
c. Availability of the Protocol
The Protocol is made available via Ashswap web app at https://app.ashswap.io, but it may not be available at all times. You may also interact with the smart contracts directly without going through the Website. Ashswap is not responsible for ensuring the availability or operation of the Protocol. The Protocol may be interrupted, suspended or restricted, including because of a fault, defect, hack, attack, exploit, error or unforeseen circumstances, at any time.
Interacting with the Protocol involves significant risks. You must carefully consider all applicable risks and determine whether they are acceptable to you prior to interacting with the Protocol and any other person (including conducting any due diligence you consider necessary in relation to them).
Without limitation, these risks include in particular the following:
Partial or total loss of cryptoassets, or of any value attributed to cryptoassets.
Collapse in liquidity with respect to cryptoassets.
Changes in the compatibility of cryptoassets with the Protocol.
Regulatory uncertainty with respect to cryptoassets, and government action against cryptoassets and persons involved in cryptoassets activities. In particular regulatory uncertainty with regard to decentralised applications.
Extreme fluctuations in prevailing fees and uncertainty with respect to other transaction parameters.
Various forms of misconduct, including
i. market manipulation
ii. trading crypto assets on the basis of non-public information
iii. front running
iv. Failure of cryptoassets transactions to be confirmed in a timely manner, or at all.
Faults, defects, hacks, exploits, errors, or unforeseen circumstances occurring in respect of the Protocol or the technologies on which the Protocol depends.
Loss of private keys.
Failure or non-availability of the Protocol or technologies on which the Protocol depends, including the Internet, and technological advancement rendering certain technologies obsolete.
Attacks on the Protocol or technologies on which the Protocol depends, including:
i. Distributed denial of service
ii. sybil attacks
iv. social engineering
viii. double spending
ix. majority-mining, consensus-based or other mining attacks
x. misinformation campaign
xi. forks; and
About Ashswap Platform
Ashswap operates the Website and provides a graphical user interface/App and certain Services (the “ Ashswap Platform’’) to facilitate you interacting with the Protocol. The main purpose of Ashswap Platform is to offer its Users the possibility to access the Protocol to exchange their cryptoassets and earn staking rewards. In addition, through Ashswap Platform, the Users can also access and view the balance of their crypto assets. The fiat value of User’s Assets as displayed through Ashswap Platform is only an estimate depending on relevant exchange rates of fiat currencies and the valuation of crypto-assets which are constantly changing. We do not warrant nor make any representations as to the accuracy of the fiat value displayed through Ashswap Platform. For the avoidance of any doubt, fiat currency means any currency issued by a central bank of states, such as the US Dollar, Euro, Ron, etc.
The Users access is conditioned to having a wallet with a third-party service provider the Users manage, this being the only way access to the Platform and transaction on the Protocol can take place.
The owner of this Website is based in Liechtenstein. Use of Ashswap Platform may not be available to You, in whole or in part, in certain regions, countries, or jurisdictions. We make no claims that the Websites or any of its content is accessible or appropriate outside of Liechtenstein. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Liechtenstein, You do so on Your own initiative and are therefore responsible for due diligence with local laws.
Ashswap is not a custodian, exchange, broker, financial institution or creditor. Ashswap Platform is intended as a technological tool that may be used as part of users’ own self-directed crypto assets transaction workflows. Ashswap is not involved in any transactions, whether as an intermediary, counterparty, advisor or otherwise.
4. Important disclaimer
Ashswap is not intended as and does not provide, any investment or financial advice whatsoever should not be regarded as an offer, solicitation, invitation, or recommendation to invest, and is not intended to be relied upon by You in making any specific investment or other decisions. As with any financial or investment decisions, You should conduct Your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction performed on or in connection to the Protocol. You should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction performed. Ashswap only provides advice on the technical use of the Ashswap Platform.
Nothing on Ashswap Platform or in any communications (including the marketing communications) which We are sending to You is intended to represent the investment or financial advice or a recommendation in this respect.
We do not promise or guarantee that:
Ashswap Platform is free of viruses or errors, its content is accurate, that its functioning will be uninterrupted, or that defects will be corrected;
the Services will be available at all times;
access to Ashswap Platform, any part of the Services, our Terms, and other information provided by Us on Ashswap Platform will be continuous, uninterrupted, timely, error-free, or omissions-free.
We have the right to limit, at Our sole discretion, the availability of Ashswap Platform to any person, geographic area, or jurisdiction and/or to prohibit Your access to and use of the Ashswap Platform at any time.
We will not be liable in any way for any damage or loss arising from the use or inability to use Ashswap Platform. We shall not be liable in connection with any error or inaccuracy in the data entered by You or another user or any misrepresentation or wilful misconduct or any other user.
We shall not be liable to You for any indirect, consequential, special or punitive loss, damage, cost or expense (including legal costs), unforeseeable losses or damages, loss of profit, loss of business, lost or wasted management time or time of other employees, loss of reputation, depletion of goodwill or loss, damage or corruption of data.
We may modify, suspend or discontinue, temporarily all or any part of our Services with or without notice, as per Our decision. We reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, change, patch the software and/or the services, including without limitation, the structure, specifications, ‘look and feel,’ navigation, features and other elements of the software and/or the Services or any part thereof. You agree that We will not be liable to You or to any third party (for whom You may be acting) for any modification, suspension, or discontinuance of all or any part of our Services or Ashswap Platform.
You understand that You obtain content or services through Ashswap Platform at Your own risk.
Collection. Ashswap collects and stores all necessary data of you and any data of you in context with the use of the Services for the implementation of this Terms and the Services. When processing personal data, the Ashswap complies with the applicable statutory provisions.
Third party sources. We may obtain information about you from third-party sources. We may combine information we receive from you with information we obtain from third-party sources.
Consent. You give the consent to use and process your personal data and in particular forward it to affiliated companies or third-party service providers. You understand and agree that your personal data may be transferred to third party service providers and may be used and processed by them. You understand and agree that the transfer of your personal data to a third-party service provider is necessary for the performance of these Terms between you and Ashswap and the implementation of the Services.
6. Intellectual Property
Ashswap is the owner of Ashswap Platform (not the Protocol) and operator of this website and content.
This website and its entire contents, services, features, and functionality including but not limited to all copyright, trademarks, patents, service marks, domain names, trade names, rights in design, information, software and software code, text, display, images, sound clips, video clips, and data compilations and any other intellectual property rights (“IP”) are owned by Ashswap, its affiliates or licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and other relevant legal provisions.
You may not, without Our prior written consent:
reproduce, modify, copy, display, distribute, store or in any other fashion re-use material from the Ashswap Platform, unless otherwise indicated on Ashswap Platform, or commercially exploit any IP or materials (including text, video, audio or user interface design etc.);
carry out data mining or scraping the Ashswap Platform;
remove any proprietary notices from any IP;
attempt to disable, bypass, modify, defeat, or otherwise circumvent any protection system applied to or used on Ashswap Platform.
Your use of the Ashswap Platform does not grant You any rights other than those granted to You under these Terms. Nothing contained on the Ashswap Platform or any communications to You shall be construed as granting, by implication or otherwise, any license or right to use any IP without Our prior written consent.
7. Intended Use
Ashswap Platform is intended to be accessed through the provided user interface. Any attempt to disable, bypass, modify, defeat, or otherwise circumvent the frontend user interface of Ashswap Platform is considered an unintended use of the website. Any unintended use, including but not limited to skipping security mechanisms or bypassing dialog boxes in the website’s user interface, constitutes a violation of this agreement and Your use of Ashswap Platform’s website, APIs, or other intellectual property may be suspended or terminated.
8. REPRESENTATION AND WARRANTY
By using Ashswap Platform, You acknowledge, represent, and warrant that:
You are at least the age of majority in your jurisdiction (e.g. 18 years old in Liechtenstein) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself or any company or legal entity for which you may access our Services.
You are not subject to economic, or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury; EU sanction List)
You can distinguish between our Services and the decentralised Protocol and understand the underlying mechanisms. In particular you understand that We do not control the Protocol or the MultiversX blockchain. Ashswap is not responsible for changes, upgrades, or forks of the Protocol. You agree and understand that the role of Ashswap Platform as a software platform is solely a technical provider, providing the technology for facilitating certain Services in connection with the Protocol
You agree and understand that Ashswap Platform does not issue, subscribe, place or accept any funds
your use of the Services will not violate any and all laws and regulations applicable to You or the legal entity on whose behalf You are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing
You have not and will not upload or transmit any malicious code to the Ashswap Platform or otherwise use any electronic device, software, algorithm, and/or dealing method or strategy that aims to manipulate any aspect of the Ashswap Platform or the Services
You will use the Services offered by Us pursuant to this Terms honestly, fairly, and in good faith
If you breach any warranty or representation made under this Terms, We preserve the right to suspend or terminate the provisions of Services and prohibit Your access to the Ashswap Platform.
We reserve the right to deny, suspend or terminate your access to Ashswap Platform or our Services to any user, but not limited to the following reasons:
We suspect that the User has committed fraud or a criminal offense;
the User has acted in a way that might affect Our reputation;
not have been previously suspended or removed from the Services.
Please note that the Services allow You to interact directly with the MultiversX blockchain and maybe with other blockchains as well (Ethereum, Binance, etc.), while You remain in full control of, and always responsible for, Your own Private Keys and cryptoassets.
As an un-hosted wallet where You are responsible for your own Private Keys and cryptoassets, please be informed that these Services are not regulated by any financial authority, and the cryptoassets that you may store, exchange, and transfer are not covered or underwritten by any issuer, insurer, government, or central authority.
Please note that You will not give Us control or access to any of your crypto assets, and Your cryptoassets are not held in Ashswap Platform but are on the MultiversX blockchain or, if the case, on another blockchain(s) and ‘viewed’ through Ashswap Platform, and We do not control the blockchain(s) or your cryptoassets.
We do not collect or hold your private keys, and We cannot access accounts; recover keys, passwords, or other information; We cannot reset passwords or reverse transactions. You will maintain the security and confidentiality of Your private keys, recovery keys, and passwords.
Thus, you expressly hereby relieve and release Us from any and all liability and/or loss arising from Your use of the Services.
Users interacting with cryptoassets should be aware that such assets involve risks, including the risk of loss of some or all assets. Losses are not insured, and You assume full responsibility for all losses. You are advised to exercise caution, conduct research, and not to transact more than you can afford to lose.
Ashswap Platform does not facilitate the storage, the exchange from crypto to fiat, or sending of fiat currencies.
10. ACCEPTABLE AND PROHIBITED USE OF ASHSWAP PLATFORM
When using Ashswap Platform, You shall not:
use any robot, spider, crawler, scraper, or other automated means or interface not provided by Us to access Ashswap Platform to extract data;
introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism, or other harmful material into the website;
interfere with, burden, or disrupt the functionality of Ashswap Platform;
breach the security of Ashswap Platform or publicly identify any security vulnerabilities in it;
circumvent or manipulate the operation or functionality of Ashswap Platform, or attempt to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented in Ashswap Platform;
send automated or machine generated queries;
use applications to collect and compile content from Ashswap Platform or send data to Ashswap Platform, including for the purposes of competing with Ashswap Platform, or in such ways, that may impair or disrupt Ashswap Platform’s functionality;
display or embed content from Ashswap Platform, including by any software, feature, gadget, or communication protocol, which alters the content or its design;
impersonate any person or entity, or make any false statement pertaining to Your identity or affiliation with any person or entity;
collect, harvest, obtain or process personal information regarding Ashswap Platform’s Users, without their prior explicit consent;
abuse, harass, threaten or intimidate other Users of Ashswap Platform;
link to Ashswap Platform from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
engage in any activity that constitutes a criminal offense or gives rise to civil liability;
transfer Your account on Ashswap Platform to another person;
infringe the Intellectual Property or any other rights;
breach these Terms or any part of the Agreement;
breach any applicable legal provisions.
You are solely responsible for the content you make available through Ashswap Platform and for the consequences associated with doing so.
We may, in a unilateral way, temporarily or permanently suspend the use of the Ashswap Platform if We believe You have breached these Terms or exhibit behaviour that raises suspicion of criminal activity.
11. FEE-BASED AND FREE OF CHARGE SERVICES
Access to Ashswap Platform may be offered to You without any costs for a limited period of time (“Free Access”). The Free Access period and the duration of it is and will be determined exclusively by Us as additional features and services might be introduced in the future, which will not be included as part of your Free Access. These additional features and services might be subject to payment of the applicable fees (“Fees”) in accordance with the packages, schemes, and amounts presented to You, either upon registration or at a later time.
Free Access to Ashswap Platform is guaranteed for a determined period of time only at Our sole discretion, after which access to Ashswap Platform might be subject to payment of Fees. If You benefited from Free Access prior to that change, You would still be able to access Ashswap Platform for free (excluding any additional pay for services presented by Us), provided You abide by these Terms and use your Free Access only for one account on one device at a time (i.e., each User is entitled to receive a Free Access benefit only once).
All state and/or local income and other taxes, if any, are the User’s sole responsibility. Our Services may trigger the User’s obligation to pay taxes, depending on the project and their products, on each state, and local tax laws applicable to the User. All Users are solely responsible for reporting such their own tax returns or similar and observing/paying any associated taxes, as the case may be.
The payment of taxes is entirely Your responsibility, and please note that We will not deduct or withhold any taxes for You or provide You with any information with respect to Your tax position or liability as we do not have control or access to you cryptoassets. If You have any questions with respect to tax matters, You should consult a professional advisor.
13. THIRD-PARTY PLATFORMS/WEBSITES
Ashswap Platform may contain hyperlinks or references to third-party websites or platforms. Any such hyperlinks or references are provided for Your information and convenience only. We have no control over third-party websites or platforms, and We have no legal responsibility for any content, material, or information contained in them.
The display of any hyperlink and reference to any third-party website or platform does not mean that We endorse that third party’s website, platform, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
For example, You may “share” Your activity on Ashswap Platform and invite Your friends to use Ashswap Platform through social network websites. Other third-party platforms may provide You the ability to be part of investment rounds with fiat currencies may provide You different services applicable to Your Assets, such as purchasing crypto with fiat currency or staking.
The responsibilities, obligations, and liabilities of third-party platforms/websites are as indicated in their respective terms and conditions.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED WEBSITES OR TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ASHSWAP NOR ANY PERSON ASSOCIATED WITH ASHSWAP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER ASHSWAP NOR ANYONE ASSOCIATED WITH ASHSWAP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ENTITY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ASHSWAP.
15. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL ASHSHWAP BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF ASHSWAP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE ASHSWAPS TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions laws do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations may not apply but will apply to the maximum extent permitted by applicable law. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.
By entering into these Terms and accessing or using the Services, you agree to the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Ashswap and our respective past, present and future employees, officers, directors, contractors, consultants, service providers, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, demands, actions, damages, losses, liabilities, costs and expenses (including legal fees) in connection with this Terms and use of our Services, your responsibilities or obligations under these Terms, any breach by you of these Terms, or any infringement or violation by you of any rights of, or laws or regulations applicable to, any other person or entity.
17. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Informal Process First. You and Ashswap agree that in the event of any dispute between you and Ashswap or any Affiliates, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and Ashswap agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Ashswap’s services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You agree that any Claim will be settled by final and binding arbitration, using the English language, administered in accordance with the Liechtenstein Arbitration Rules (LIS) of the Liechtenstein Chamber of Commerce and Industry. The seat of the arbitral tribunal will be Vaduz, Liechtenstein and the arbitral proceedings will be conducted in English. The arbitrator will apply applicable substantive law consistent with the laws of the Principality of Liechtenstein. Judgement on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you are waiving the right to trial by jury or to participate in a class action or class arbitration.
Timeline for Making a Claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR ELSE YOU AGREE THAT SUCH CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by LIS rules. Fees and costs may be awarded as provided pursuant to applicable law. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT EXCLUSIVE BEFORE THE COMPETENT COURT IN LIECHTENSTEIN. YOU AGREE THAT IN THIS CASE THE EXCLUSIVE AND SOLE JURISDICTION over any dispute, claim, or controversy relating to Ashswap Platform or with respect to any matter relating to these Terms IS LIECHTENSTEIN. You hereby expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, We may submit a claim against You pursuant to the indemnity clause above in any court adjudicating a third-party claim against us.
18. CHANGES AND AVAILABILITY
Changes on Website
We may update the content and services provided on this website from time to time, this is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.
The availability, functioning, quality, and functionality of the Website and services provided within depend on various factors, including software, hardware, and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.
19. GOVERNING LAW
Regardless of Your place of residence or where You access or use Ashswap Platform from, these Terms and your use of Ashswap Platform will be governed by and construed solely in accordance with the laws of Liechtenstein.
You may not assign or transfer any right to use the Services or any of your rights and obligations under these Terms without our prior written consent, including any right or obligation related to the enforcement of laws or the change of control. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent/approval.
21. CHANGES IN OWNERSHIP
In case of mergers and acquisitions, change of control, or other similar operation, we may, without notice or obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities, and obligations contained herein, to a third party.
22. FORCE MAJEURE
We will not be liable for any delay or failure to perform as required by these Terms because of any fortuitous case or force majeure case, as defined by the Liechtenstein law.
The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including,” whether capitalized or not, means without limitation to the preceding phrase. All examples and, e.g., notations are illustrative, not exhaustive.
These Terms supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements.
24. WAIVER AND SEVERABILITY
No waiver, concession, extension, representation, alteration, addition, or derogation from these Terms by us or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Any failure on our part to demand performance of any provision to assert a right or provision in these Terms shall not constitute a waiver of any of Our rights under these Terms.
If any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms do not create any agency, partnership, employment, or fiduciary relationship between you and us.
26. CONTACT US
This website is operated by Ashswap AG. At any time, you may contact us with any feedback, question, request, comment, or complaint that you may have with respect to this website or these Terms to: [email protected].