These Terms of Use ("Terms") form an agreement between you (referred to as "you" or "your") and UAB SwiftHorizon, a company registered in Lithuania with registration number 306947646, and located at Vilnius, J. Jasinskio g. 16B, LT-03163, Republic of Lithuania ("SwiftHorizon", "we", "us", or "our") (collectively referred to as the "Parties").
These Terms, along with all schedules, appendices, policies, and additional terms expressly referenced and included, such as (but not limited to) the Privacy Policy, Cookie Policy, Complaint Handling Policy, Risk Disclosure Statement, and any other terms mentioned in these Terms or posted on our website, mobile apps, APIs, or developer tools (collectively referred to as the "Agreement"), form a legally binding agreement between you and SwiftHorizon. This Agreement governs your use of our Services (defined in clause 5), as well as the associated Site, software, products, tools, materials, and content, unless otherwise stated in writing. To use certain Additional Services (defined below), you may be required to agree to additional terms and conditions, below.
By creating an account with us and/or accessing and using our Services (as described in clause 5 of the Terms), you confirm that you have read, understood, and accepted all the terms and conditions outlined in the Agreement, and agree to comply with them. If you disagree with any part of the Agreement, you should not register an account or use our Services. Please note that agreeing to the Agreement does not automatically guarantee that you can create an account with us or use our Services.
We reserve the right to modify the Agreement at any time and at our discretion. Any changes will take effect immediately upon being posted on the Site. Please review the Site regularly for updates. By continuing to use or access the Site, your account, and/or our Services, you agree to accept these amendments. If you do not agree with the changes, you must stop using or accessing the Site, your account, and/or the Services.
We do not guarantee the security of any information transmitted to or from the Site, nor can we ensure that data transmission will be free from delays, interruptions, or interceptions. You acknowledge the risk that information sent or received through the Site may be accessed by unauthorized third parties, and that online transactions may face interruptions, transmission blackouts, delays due to internet traffic, or inaccurate transmissions because of the public nature of the Internet. Despite any security measures we implement, we are not responsible for any loss or expense caused by such delays, interruptions, or interceptions.
Any materials, information, opinions, projections, or estimates provided on the Site are for informational purposes only and may change without notice. You are responsible for assessing the relevance, timeliness, accuracy, completeness, commercial value, and reliability of the information provided on the Site.
When using our Services and Site, you should be aware that you are exposed to certain risks. Our Services primarily involve products and services related to Digital Assets (as defined in clause 4), which carry a high level of risk and may not be suitable for everyone. Buying, selling, trading, or holding coins, tokens, cryptocurrency, or other forms of Digital Assets involves significant risks, and losses can be substantial.
Please review the Risk Disclosure Statement for an overview of the risks associated with buying, selling, and trading Digital Assets through our Services. You should carefully assess whether using our Services and engaging in Digital Asset transactions is appropriate for you, considering your own financial situation and risk tolerance.
By accepting the Agreement and using our Services to buy, sell, or trade Digital Assets, you explicitly acknowledge, accept, and assume the risks involved, including (but not limited to) those outlined in the Risk Disclosure Statement, which is part of these Terms and the Agreement between you and SwiftHorizon.
Capitalized terms used in these Terms are defined and have the meanings outlined in this clause 4.
(a) Applicable Law refers to any laws, regulations, rules, orders, or guidelines (including those set by any Regulatory Authority) that apply to a party's rights or obligations under the Agreement in any relevant jurisdiction. These include (but are not limited to) laws on anti-money laundering, anti-bribery, anti-terrorist financing, sanctions, data privacy, tax, and consumer protection.
(b) Digital Asset refers to any digital representation of value, such as virtual currency, cryptocurrency, token, coin, or virtual commodity, that is not recognized as legal currency or guaranteed by any Regulatory Authority. These assets can be transferred, stored, and traded digitally and may be used for payment, investment, or other purposes, as approved by SwiftHorizon.
(c) Digital Asset Address is an alphanumeric identifier used to represent a destination or source for transferring Digital Assets.
(d) Digital Asset Transaction refers to any purchase or sale of Digital Assets through our Services, including crypto-fiat and fiat-crypto transactions.
(e) Encumbrance refers to any form of legal claim, charge, or interest that affects ownership, such as a mortgage, lien, or third-party rights.
(f) Event of Default is defined in clause 15.
(g) Gas Fees are defined in clause 9(d).
(h) SwiftHorizon Account is defined in clause 7.
(i) Indemnified Party is defined in clause 16.
(j) Fiat Currency means any government-issued currency that is considered legal tender, such as Euros or U.S. dollars, as approved by SwiftHorizon.
(k) Instruction refers to any directive given to us regarding a Digital Asset Transaction or other actions related to using our Services or the Agreement.
(l) Intellectual Property Rights (IPR) include all rights related to inventions, copyrights, trademarks, domain names, designs, software, confidential information, and other intellectual property, whether registered or unregistered, including all applications, renewals, and extensions.
(m) Loss refers to any type of liability, damage, fine, penalty, fee, cost, or expense (including legal and professional fees) that may be incurred.
(n) Non-Cooperative Jurisdiction refers to any country or territory identified as non-cooperative with international anti-money laundering standards by organizations like the Financial Action Task Force (FATF).
(o) Regulatory Authority refers to any government or regulatory body, agency, law enforcement department, or other legal entity that enforces laws or regulations in any jurisdiction.
(p) Sanctions refer to any economic sanctions, embargoes, or restrictive measures imposed by governments or international organizations, including the United States, the United Nations, the European Union, the United Kingdom, Lithuania, or other jurisdictions as designated by SwiftHorizon. This includes sanctions enforced by agencies such as the U.S. Office of Foreign Assets Control (OFAC) and Her Majesty’s Treasuries.
(q) Service has the meaning given to it under clause 5.
(r) Service Fee has the meaning given to it under clause 9.
(s) Site has the meaning given to it under clause 1.
(t) Taxes has the meaning given to it under clause 9(c).
(u) User Content has the meaning given to it under clause 21.
The headings in these Terms are provided for convenience and do not affect the interpretation or meaning of the Terms. Any documents referenced within these Terms are considered part of your Agreement with SwiftHorizon and have the same effect as if fully included in these Terms. Unless otherwise noted, references to clauses refer to the clauses in these Terms.
References to a particular law include its current version, along with any amendments, extensions, or re-enactments, as well as any relevant subordinate legislation.
Unless the context specifies otherwise, singular terms include the plural, and plural terms include the singular. Gender-specific words apply to all genders.
These Terms are binding on and benefit each party, as well as their personal representatives, successors, and permitted assigns. References to a party include their personal representatives, successors, and assigns.
The terms "including," "include," "in particular," "for example," or similar expressions are illustrative and do not limit the meaning of the words or terms that come before them.
The term “person” includes natural persons, corporations, or unincorporated bodies. References to "writing" or "written" include email communications.
SwiftHorizon offers a platform that allows you to buy Digital Assets using supported Fiat Currencies or sell Digital Assets for supported Fiat Currencies through our partnered payment institutions on our Site (referred to as the "Core Services"). In addition to these Core Services, we may offer other services to users from time to time ("Additional Services"). Together, the Core Services and Additional Services are referred to as the "Services," unless otherwise stated.
To clarify, SwiftHorizon does not and will not hold or control any of your funds, including Digital Assets or Fiat Currencies, during any Digital Asset Transactions you make through us. We also do not provide custodial or wallet services for your Digital Assets or Fiat Currencies as part of our Services. If wallet services are available on our Site, they are offered by third-party providers. As such, we act as the principal in each Digital Asset Transaction you conduct with us. Therefore, in order to use our Services, you must have a fully functional Digital Asset Wallet that you own, where your Digital Assets can be stored, as well as an account with a financial institution for storing your Fiat Currencies.
You can purchase supported Digital Assets from us, with the price, quantity, and amount of Fiat Currency being confirmed when you place your order. However, accepting your order does not guarantee that you will receive the specified number of Digital Assets. The purchase is contingent on us receiving the funds from your linked bank card, along with any applicable fees. Once our partnered payment institutions receive your Fiat Currency, the corresponding Digital Assets will be transferred to the Digital Asset Wallet you provided, which is hosted by third-party service providers. These providers supply the liquidity needed to complete your purchase. Since they are separate legal entities, if you wish to use their additional services, you must form a separate legal agreement with them and follow their terms and conditions.
You agree that we are not responsible for any losses related to your use of services offered by these third-party providers.
While we will make reasonable efforts to complete all Digital Asset purchases, there may be instances where we are unable to do so. In such cases, we will notify you, and if you still wish to proceed with the purchase, you may need to obtain a new quote. We are not liable for any losses related to our inability to complete any part or all of your purchases.
Normally, card payments for Digital Asset purchases are processed within 24 hours. However, unforeseen circumstances beyond our control may arise, and we are not liable for any losses caused by delays, failures, disruptions, interruptions, or cancellations.
You can sell supported Digital Assets to us, and the price, the quantity of Digital Assets you intend to sell, and the amount of Fiat Currency will be confirmed when you place your sale order. However, our acceptance of your order does not guarantee that you will receive the corresponding amount of Fiat Currency. The sale is dependent on us receiving the Digital Assets from you. Once we receive your Digital Assets, the equivalent amount of Fiat Currency will be credited to your specified account by our partnered payment institutions.
You acknowledge and agree that while we will make reasonable efforts to complete all sales of Digital Assets, we may not always be able to do so. If we are unable to fulfil part or all of your sale, we will inform you, and you may need to request a new quote if you wish to proceed. We are not liable for any losses that may arise from our inability to complete any part or all of your sale.
You agree that any instructions given through your SwiftHorizon Account will be considered authorized by you, and you are solely responsible for any losses resulting from such instructions.
You authorize us to proceed with purchases at the quoted price or sales at the quoted price by moving the order to the next stage on the Site. You also authorize us and our partnered payment institutions to debit the total purchase price and any related fees disclosed to you, as well as to receive the total sale price and associated fees.
Once an order is submitted for execution, you cannot cancel, reverse, or modify any purchases or sales. You are responsible for ensuring you have sufficient funds or credit to complete the payment; otherwise, the transaction may be partially fulfilled or even canceled.
Please note that SwiftHorizon only buys and sells Digital Assets supported and listed on our Site, and this list may change without prior notice. We are not liable for delays or operational issues caused by system failures, account blocks, fund freezes, or service denials. We also do not guarantee that the Site or Services will be uninterrupted, secure, or free from errors. Additionally, we do not warrant that the Site will meet your expectations or be free from viruses or malicious code.
The Services in these Terms are intended for individual users only, and SwiftHorizon does not provide any financial or investment advice. Information on the Site should not be considered an offer, solicitation, recommendation, or financial advice for any transaction or legal act.
By creating a SwiftHorizon Account and using our Services, you confirm and guarantee that:
(a) You are at least 18 years old and legally eligible to use our Services under the laws of your jurisdiction or any other applicable laws. (b) You have the legal capacity and proper authorization to agree to these Terms. (c) You do not currently have another SwiftHorizon Account. (d) You have not been suspended, banned, or had an account closed for using our Services before. (e) You are not acting on behalf of any third party subject to Sanctions imposed by any Sanctions Authority. (f) The bank account used for depositing/withdrawing Fiat Currencies is registered in your name and will remain so. (g) Buying, selling, and trading Digital Assets and using our Services is not illegal or prohibited by the laws of your jurisdiction. (h) You are not located in, or a citizen or resident of, a country outside of our risk tolerance.
You may only use our Services as long as all relevant laws allow. We are not responsible for verifying if your use of our Services is legal under any applicable laws, and we are not liable if you violate such laws.
If, after registering an account with SwiftHorizon, you no longer meet our eligibility criteria, you must notify us immediately, and we may suspend or close your account. You cannot use the Site or Services if you fail to meet our customer due diligence requirements or if we consider you high-risk based on our criteria, which we determine at our discretion.
We may update our eligibility criteria at any time, including adding new requirements. Any changes will be reflected in these Terms.
We reserve the right to refuse your registration or initiate a relationship under these Terms without explanation. You acknowledge and agree that it is entirely at our discretion whether to offer you any or all of our Services.
You will need to register for an account (“SwiftHorizon Account”) to access and use some or all of our Services for the purposes of buying, selling and/or trading Digital Assets.
You can register for a SwiftHorizon Account to access and use our Services, provided you're an individual under the laws of a jurisdiction not prohibited by us. Before you can register an account or establish a business relationship with SwiftHorizon, you must complete our identity verification and customer due diligence processes, as required by laws concerning anti-money laundering, counter-terrorism financing, and Sanctions. You will only be able to use our Services after successfully completing this process. We may request additional information from you at any time to assess your eligibility for an account and our Services.
You may also need to agree to additional terms or complete more verification steps before accessing third-party websites or services via our platform. You acknowledge that we are not responsible if you cannot access these third-party services due to additional customer due diligence requirements.
In some cases, either we or our partners may require more information about you, your activities, or transactions to verify the source of your wealth and funds. We reserve the right to refuse to open a SwiftHorizon Account at our discretion, especially if required by any national or international authority, or if you fail to provide sufficient documentation to verify your identity or eligibility for our Services.
Your SwiftHorizon Account must be used solely by the person registered under the account. You are fully responsible for all activities associated with your account, including ensuring that anyone who accesses or uses it complies with SwiftHorizon’s terms. You authorize SwiftHorizon to accept and act on any instructions, orders, or actions made through your account, even if done by others accessing it.
You may not register or maintain more than one SwiftHorizon Account. If we suspect or find that you're using multiple accounts, we may suspend or close them. Your SwiftHorizon Account is personal and non-transferable.
While we implement industry-standard protections, you must keep your account credentials safe and secure. You are solely responsible for protecting your account and password, and we are not liable for any unauthorized use of your account. If you lose or forget your credentials, contact us at [service@swifthorizon.net] for assistance, and we may ask you to verify your identity before restoring access.
You must ensure your electronic devices are secure and take all reasonable measures to avoid their loss, theft, or misuse. We are not responsible for any damage caused by malicious software, phishing, or other cyberattacks. We recommend using antivirus software and being cautious with SMS and emails, which may be vulnerable to phishing or spoofing attacks.
If you suspect unauthorized access to your account or believe your login credentials are compromised, contact us immediately at [service@swifthorizon.net]. We will investigate the issue and may ask you to cooperate in resolving it and restoring your account access.
You authorize us to conduct necessary inquiries, directly or through third parties, to verify your identity or protect against financial crimes. You acknowledge that your personal information may be shared with third-party agencies during these checks. We may also impose waiting periods or transaction limits after a transaction, based on our findings.
When registering for a SwiftHorizon Account, and any time after, you are required to provide certain information and documentation about yourself, including your identity, residential address, financial status, source of wealth, source of funds, and activities ("Counterparty Information"). You must provide this information when requested by us or any third-party service provider conducting due diligence on our behalf.
You agree to provide this Counterparty Information:
(a) when registering your SwiftHorizon Account,
(b) before completing any Digital Asset Transactions,
(c) if there is any suspicious activity associated with your account,
(d) during any compliance reviews we conduct,
(e) if there are any changes to the Counterparty Information previously provided, or
(f) for any other reasons we deem necessary.
During the registration process or afterward, you may be redirected to a third-party website that we engage for customer due diligence, where you will submit the required Counterparty Information. This third-party provider will share all submitted information with us.
You confirm that all Counterparty Information provided will be true, complete, accurate, up-to-date, and not misleading, and any documentation will be authentic. If any material changes occur, you must notify us in writing at least five (5) business days before the change, unless otherwise agreed. If you fail to provide accurate or complete information, we or our third-party providers have the right to demand corrections, remove the inaccurate information, or request missing details. We may also suspend your access to our Services until you provide the correct information. You will be responsible for any losses or expenses incurred if we cannot reach you using the Counterparty Information.
We and/or our third-party providers may conduct further inquiries, verifying your identity or business ownership by consulting relevant registries, authorities, or other available resources. If we or our partners believe that the Counterparty Information is wrong, incomplete, or misleading, we may request that you provide updated, accurate information. Failure to comply with such requests may delay or prevent your account registration, or lead to the suspension or closure of your existing account.
Additionally, we or our third-party providers may share your Counterparty Information with any regulatory authority, as required by law.
SwiftHorizon generates revenue when you buy, sell, or trade Digital Assets on our platform. By using our Services, you agree to pay the applicable fees. These fees may include a spread incorporated into the price of buying or selling Digital Assets (“Service Fee”). The Service Fee is determined and locked in temporarily while you review transaction details before submitting your Digital Asset Transaction. Regarding Service Fees:
(a) You agree to pay the Service Fee that you and SwiftHorizon agree upon.
(b) The quoted Service Fees for a Digital Asset Transaction will, except as noted in sections (c) and (d), include all fees, spreads, and expenses. There will be no extra charges. The final price, including fees, will be shown when you submit the transaction for execution.
(c) The Service Fee does not include any taxes, levies, or other assessments (e.g., sales or value-added tax). You are responsible for paying all taxes related to your Digital Asset Transaction.
(d) Additional fees may apply from third parties, such as your bank, in relation to transfers made as part of a Digital Asset Transaction, even if the transaction does not settle. Blockchain transactions may also incur Gas Fees, which are not included in the Service Fees. You are responsible for paying any Gas Fees or other extra fees charged by third parties, and you agree to reimburse us if we pay such fees on your behalf.
(e) We reserve the right to change the Service Fees and any applicable waivers at any time.
You agree not to use our Services for any illegal, malicious, or improper activities, including but not limited to:
(a) Engaging in activities related to human trafficking, money laundering, terrorist financing, or the proliferation of weapons of mass destruction;
(b) Manufacturing, transporting, developing, buying, selling, or facilitating illegal goods or services, or promoting, offering, or marketing illegal goods or services;
(c) Promoting, creating, sharing, or exploiting illegal content, such as obscene, pornographic material, child exploitation, or any content promoting war, violating human rights, or depicting violence against dignity;
(d) Violating third-party intellectual property rights or other rights;
(e) Trading in archaeological findings;
(f) Involvement with drugs, narcotics, or hallucinogens;
(g) Dealing with weapons of any kind;
(h) Engaging in illegal gambling;
(i) Participating in Ponzi schemes, pyramid schemes, or other "get-rich-quick" scams;
(j) Selling goods under trade embargo;
(k) Distributing media harmful to minors or violating applicable laws;
(l) Trading in body parts or human remains;
(m) Exploiting endangered or protected species;
(n) Engaging in activities that violate public interests or infringe on the legitimate rights of others, whether illegal or not;
(o) Participating in any other activities related to illegal goods, services, or transactions.
Additionally, you agree not to:
(a) Use our Services to finance, engage in, or support any of the above activities;
(b) Interfere with or disrupt our Services by using viruses, hacking, data mining, or any similar methods to access our systems, files, or data.
Where there is an error caused by a system failure or any other reasons in a purchase or sale order confirmation, processing your purchase or sale, or otherwise, we reserve the right to correct such error and revise your purchase or sale accordingly or to cancel the purchase or sale and refund any funds received.
All purchases or sales of Digital Assets made through our Services are final. No return or refund will be supported for your purchase of Digital Assets from us or your sale of Digital Assets to us, except as otherwise provided in the Terms. Where we deliver to you any excess Digital Assets or Fiat Currencies for any reason whatsoever, you agree that you will repay any excess amount to us and/or we may deduct such amount from any amount of Digital Assets or Fiat Currencies which is owed to you by us, or by our partnered payment institutions or by any of SwiftHorizon affiliates.
We reserve the right, at our sole discretion and without prior notice, to suspend, restrict, or terminate your access to our Services and/or deactivate and close your SwiftHorizon Account immediately for any of the following reasons:
(a) We believe it is necessary to protect our reputation;
(b) We believe you have violated any applicable laws;
(c) You have breached any terms in this agreement or misrepresented warranties;
(d) You have engaged in market misconduct or improper behavior such as market manipulation;
(e) We believe you are no longer suitable or eligible to use our Services;
(f) We suspect a default event has occurred or is likely to occur;
(g) We are required to act by law or a regulatory authority's order;
(h) We have concerns about erroneous transactions or your account's security;
(i) We suspect fraudulent or unauthorized use of the Services, or involvement in illegal activities;
(j) Your account is involved in litigation, investigation, or government proceedings;
(k) We receive legal confirmation of your death, or believe you have passed away;
(l) We believe providing you services could harm our business, operations, or systems;
(m) Any other reason stated in this agreement or required by law.
If your account is closed, your agreement with SwiftHorizon will be terminated, and you will no longer be able to access our Services. Pending transactions will be canceled, and if any assets have been processed (e.g., payments received or digital assets deposited), they may be refunded to your bank account (for fiat currency) or wallet (for digital assets), or handled as we deem appropriate.
Any clauses in the agreement that are intended to survive termination will remain in effect. We will attempt to notify you of the account closure or suspension in advance or immediately afterward, explaining the reasons unless security or legal requirements prevent us from doing so.
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During your business relationship with SwiftHorizon, we may cancel, suspend, or terminate a Digital Asset Transaction at any time, at our discretion, and without prior notice to you, before the transaction is executed under the following conditions:
(a) We believe your use of our Services violates any applicable laws;
(b) We believe you have breached any applicable laws;
(c) We believe you are no longer eligible or suitable to use our Services;
(d) We believe you have engaged in market misconduct or improper behavior, like market manipulation;
(e) You fail to make required payments or deliver agreed Digital Assets;
(f) We suspect that an encumbrance exists on the Digital Assets or fiat currency you are delivering;
(g) We believe the performance or enforcement of any obligations under these Terms might violate applicable laws;
(h) We are required to terminate a transaction by a regulatory authority, even if the request is not legally binding;
(i) We deem it necessary to terminate a transaction to protect the security and integrity of our Services or systems;
(j) We believe an event of default (as outlined in Clause 15) has occurred or is likely to occur;
(k) Other reasons indicated in the Agreement or applicable laws apply;
(l) We believe providing Services to you could harm our business operations or systems.
If a Digital Asset Transaction is canceled, suspended, or terminated before execution for any of the above reasons, we will notify you and explain the reasons, unless prevented from doing so by law or regulatory orders.
You acknowledge that we have no liability or responsibility for refusing to complete, canceling, terminating, reversing a transaction, or suspending, restricting, or terminating access to the Services (including freezing and locking assets in your SwiftHorizon Account) or terminating your SwiftHorizon Account as outlined in the Terms or Agreement.
Each of the following events is deemed as an “Event of Default”:
(a) any information or documentation that you provide to us (when registering a SwiftHorizon Account or at any time thereafter) is incorrect, incomplete, out-dated or misleading;
(b) where you fail to comply with any provision of, or perform any obligation under this Terms in connection with any Digital Asset Transaction;
(c) any representations and/or warranties made by you cease to be true or accurate in any material respect; or
(d) we receive notice or have reason to suspect that any Fiat Currency or Digital Assets that you transact with through the use of our Services are Encumbered, is the subject of an ownership dispute with another person, stolen or otherwise were not lawfully acquired by you, or directly or indirectly linked to an illicit source.
You agree to defend, indemnify, and hold harmless SwiftHorizon and our affiliates, and each of their and our employees, directors, agents and representatives (each an “Indemnified Party”) from and against any losses incurred or suffered (whether directly or indirectly) by such Indemnified Party to the extent that any such Loss arises out of or in connection with:
(a) the occurrence of an Event of Default;
(b) your breach of any of representations and warranties set out in these Terms;
(c) your breach of any Applicable Laws;
(d) any act or omission on your part (including any default, negligence or fraud);
(e) your use of our Services.
You represent and warrant the following to SwiftHorizon:
(a) The Counterparty Information you provide to us and our third-party service providers is true, complete, accurate, up-to-date, and not misleading, unless you have promptly informed us of any changes in writing.
(b) These Terms, along with other incorporated terms, create legally binding obligations for you and are enforceable against you.
(c) You understand the nature and risks of the Terms and Digital Asset Transactions, and you accept and will assume all associated risks, including those described in the Risk Disclosure Statement.
(d) Entering into this Agreement with SwiftHorizon and completing Digital Asset Transactions through our Services does not violate any laws or restrictions or conflict with any agreements or instruments you are part of.
(e) You are entering into these Terms in your own capacity and for your own benefit.
(f) You will not use our Services for any illegal, malicious, or illicit activities.
(g) You will not knowingly or recklessly exploit any technical errors, loopholes, or glitches on our Site or Services. Furthermore, you agree not to:
- Upload software or material containing viruses or other malicious code.<br/>- Post or transmit any illegal, misleading, offensive, or objectionable material.<br/>- Use the Site in violation of internet standards or applicable laws.
(h) You agree to follow all guidelines and policies related to the Site and Services, and acknowledge that we may modify or suspend the Site without prior notice.
(i) You acknowledge that any records we maintain of communications, transactions, or operations on the Site will be binding and conclusive evidence.
(j) You are the sole legal owner of the Digital Assets you sell or transfer and have the right to do so free of any encumbrances.
(k) Unless expressly agreed by us, no third party is entitled to any fees or commissions in connection with your Digital Asset Transactions.
(l) You acknowledge that we do not provide investment advice, and you are solely responsible for all your buy, sell, or trade decisions.
(m) You have adequate information to make informed decisions and understand the risks of each Digital Asset Transaction.
(n) You have not relied on any statements or representations from us, except those expressly stated in these Terms.
(o) You will not engage in any transactions that are illegal, malicious, or in violation of anti-money laundering regulations, sanctions, or other applicable laws.
(p) Any cards linked to your SwiftHorizon Accounts are in your name and owned by you, not any third party.
(a) Neither SwiftHorizon nor its affiliates, group companies, or their respective directors, employees, agents, and representatives will be held liable for any damages or losses resulting from errors or omissions in the information or instructions you provide while using our Services, or from any actions taken by SwiftHorizon based on your directions or instructions.
(b) In no event shall SwiftHorizon, its affiliates, group companies, or their respective directors, employees, agents, and representatives be liable for any indirect, special, or consequential losses, including but not limited to loss of profit, income, revenue, anticipated savings, business interruption, goodwill depletion, or any similar losses. SwiftHorizon will not be responsible for delays, losses, or damages caused by your actions or omissions, or those of any third party.
(c) To the fullest extent allowed by law, the total liability of SwiftHorizon and its affiliates (and their respective employees, directors, agents, and representatives) in connection with these Terms or the Agreement, whether under contract, tort, or any other legal theory, will not exceed the total amount of Service Fees you paid to us in the month preceding the event that led to the liability claim.
(d) These Terms do not limit or exclude liability where it would be illegal to do so under applicable law.
We respect and endeavour to protect your privacy. We are the “data controller” and will be responsible for personal data collected from you. As the data controller, we will determine the means and purpose of processing your personal data and implement the organizational and physical security measures in compliance with the General Data Protection Regulations, our Privacy Policy and Cookie Policy. Please refer to our Privacy Policy and Cookie Policy for details in terms of how we collect, use, store and retain your personal information.
(a) Except for any content you provide, all intellectual property rights related to our Services and Site—including logos, databases, designs, text, graphics, software, photos, videos, music, and sound, as well as software compilations, source codes, and scripts—are owned by SwiftHorizon or its licensors.
(b) SwiftHorizon grants you a limited, non-exclusive, non-transferable, non-sublicensable, and royalty-free license to access and use our Services for lawful purposes under these Terms. You are not allowed to resell, distribute, copy, share, reverse-engineer, modify, or create derivative works from our intellectual property in any way. You are also prohibited from using names, marks, logos, or domain names similar to SwiftHorizon’s and must not take any actions that could harm or dilute our intellectual property rights. This license will be automatically revoked if your SwiftHorizon Account is suspended or terminated for any reason.
(c) You must not unlawfully use or infringe on SwiftHorizon’s or any other party’s intellectual property rights in connection with your use of our Services. Additionally, any information you publish on our Site cannot be republished or used by other websites or media without permission.
(d) Accessing your SwiftHorizon Account or using any of our Services does not transfer or assign any intellectual property rights to you.
In the event that you post, provide, submit, upload or otherwise publish any information, text, data, materials, images or other content on our Site or in connection with your use of our Services (“User Content”), you represent and warrant that (a) you own or have the right to grant a right to use such User Content as set out in these Terms; and (b) the User Content and its use by SwiftHorizon as licensed in this clause 21 does not and will not violate, misappropriate or infringe the Intellectual Property Rights of any third party.
You hereby grant SwiftHorizon a royalty free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner any User Content.
SwiftHorizon reserves the right to remove any User Content from its Site or the Services at any time in our sole discretion.
For your convenience, we may display third-party content, data, adverts, links, promotions, logos, products, services, branding, offers or other materials and information in connection with your access and use of our Services. SwiftHorizon does not approve of, control, endorse or sponsor any third parties or their content and makes no representations or warranties in relation to such third-party content.
We are not responsible for the content of any third-party websites that may be linked via our Services, nor should you assume that we have reviewed or approved such third-party websites or their content, nor do we warrant or represent that the links to such websites work, are secure or up to date. You click any links and visit any websites at your own risk.
Our Services are provided “as is” and except for the warranties expressly set out in these Terms, all other warranties of any kind (whether express or implied and including, without limitation, warranties relating to satisfactory quality, fitness for purpose or merchantability) are excluded to the maximum extent permitted by Applicable Law.
Without limiting the foregoing, we make no warranty that (a) our Services will meet your requirements; (b) our Services will always be available or uninterrupted, timely, secure or otherwise error-free; (c) our Services will be free of any viruses, vulnerabilities or other harmful components; (d) any fiat currency or Digital Assets transferred to you in connection with your use of our Services is free of any Encumbrance and not the subject of a dispute or claim.
Although we will use reasonable endeavours to maintain the accuracy of any information and content provided through our Services, we do not warrant that such information and content shall be accurate, reliable, up-to-date or adequate. SwiftHorizon shall not be liable for any Loss or damage that you may suffer or incur (whether directly or indirectly) from your use of such information and content.
By accepting these Terms, you acknowledge that we are not and to any form cannot be considered as financial advisor company, a financial brokerage company or an investment company or fund. By providing the Services we do not provide financial advice in any form.
You are aware that the SwiftHorizon Account is not a bank account, payment account, electronic money account or interest-bearing account and it cannot be associated with these types of accounts and their benefits, including, but not limited to, payment of interest, protection by law, deposit and investment insurance.
SwiftHorizon shall not be liable or responsible to you, or be in breach of these Terms, for any failure, delay, interruption or unavailability in the provision of Services or the performance of our obligations hereunder, if and to the extent the foregoing is caused by or results from acts beyond our reasonable control, including, without limitation:
(a) acts of God;
(b) flood, fire, earthquake, pandemic or explosion;
(c) war, invasion, hostilities (whether war is declared or not), terrorist, hacking or cyber threats, attacks or acts, or other civil unrest;
(d) any Fork or vulnerability affecting the underlying software protocols governing the operation of any Digital Asset from time to time;
(e) any laws, statutes, ordinances, rules, regulations, judgments, injunctions, orders and decrees;
(f) action by any nation or government, any state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government, including, without limitation, any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction; or
(g) other circumstances affecting the supply of goods or services.
We do not make any representation, warranty or otherwise whether the buying, selling or trading of Digital Assets that you carry out through our Services will be subject to any taxation of whatever nature by any authority anywhere in the world. You should obtain independent advice with respect to all Tax and other implications concerning Digital Assets Transactions and/or the use of our Services.
It is your sole responsibility to determine what (if any) Taxes apply to you in connection with any Digital Asset Transaction and/or the use of our Services. You are solely responsible for the assessment, collecting, reporting, payment and/or remittance of the correct Taxes to the relevant competent tax authority in respect of your Digital Asset Transactions and use of our Services. We are not obliged to, nor will we, provide any tax advice to you, determine whether Taxes apply, and we will not calculate, collect, pay or remit any Taxes to any tax authority arising from any Digital Asset Transaction, which is strictly your sole liability unless a tax authority and/or Applicable Law requires us to make any form of deduction or payment in respect of the Tax for which you are liable. In the latter case, you shall increase the amount payable to make up such deduction or payment so we receive the same amount as we would have received if no deduction or payment had been required. We may make such deduction and/or payment to a relevant competent tax authority and you shall indemnify and reimburse us for such payment/deduction and any costs relating to the same, and agree that we shall be entitled to set off such payment in accordance with this clause 25 from any amounts due to you. In the event a tax authority requires information from us in relation to you and/or a Digital Asset Transaction, you hereby agree that we may provide such requested information.
We do not make any representation or warranty regarding any requirement for you to register, obtain or maintain any kind of licence, authorisation or other consent from any Regulatory Authority anywhere in the world in connection with your use of our Services. You should obtain independent advice with respect to your regulatory standing and you shall be solely responsible for your own compliance with any regulatory rules that may apply to you.
We are not responsible and will not become involved in any disputes between users of our Services. If you have a dispute with any other users, you release us, our affiliates and our third party service providers, as well as each of our and their respective officers, directors, agents, employees and representatives, from any and all claims, demands and damages (actual or threatened) arising out of or in any way connected with such dispute.
Where we are required pursuant to Applicable Law to become involved in any dispute between you and another user of our Services, you agree to indemnify us for all costs and expenses (including legal fees) that we may incur employees and representatives, from any and all claims, demands and damages (actual or threatened) arising out of or in any way connected with such dispute.
Where we are required pursuant to Applicable Law to become involved in any dispute between you and another user of our Services, you agree to indemnify us for all costs and expenses (including legal fees) that we may incur.
We are entitled to make use of third parties as subcontractors or to provide services to us that we use in connection with the provision of our Services to you, and to change those third parties from time to time.
We may amend these Terms from time to time in our sole discretion due to changes to our Services, regulation and/or for any other reason. If we do, we will post the updated version of these Terms on the Site and you are solely responsible for checking the latest version from time to time.
Any amendments to the Terms shall take effect immediately after posting the updated version of these Terms on the Site. Your continued use of our Services following the effective date of such amendments shall constitute your acceptance of the amendments.
If you do not agree to any amendments to these Terms, you should cease using our Services and close your SwiftHorizon Account. Please check our Site for the latest version of these Terms each time you access our Services so that you are familiar with the version that applies at that time.
We do not make any payments or deliveries to a third party other than yourself.
This Terms shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns. SwiftHorizon may assign, transfer or otherwise deal with its rights under these Terms without your prior written consent. If you are not satisfied with any assignment, transfer or other dealing as contemplated by this clause, you should stop using our Services immediately. You may not assign, transfer or otherwise deal with your rights and/or obligations under these Terms without the prior written consent of SwiftHorizon. Such consent to be subject to SwiftHorizon’s sole and absolute discretion.
Any assignment, transfer of rights under this Terms or the creation or variation of any interest in such rights in violation of this clause 29(d) shall be null and void.
These Terms do not create any agency, partnership, employment or fiduciary relationship between you and SwiftHorizon. Save as expressly provided in these Terms, these Terms do not confer any third-party rights.
If the whole or any part of a provision of this Terms is void, unenforceable or illegal in a jurisdiction, it shall be deemed severed for that jurisdiction. The remainder of this Terms shall remain in full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this Terms or is contrary to public policy.
This Terms shall be governed by, and construed and enforced in accordance with, the laws of Republic of Lithuania, without giving effect to the principles of conflicts of law thereof.
If any controversy, claim or dispute arises out of this Terms, you and SwiftHorizon shall first use best efforts to communicate with each other and negotiate in good faith to resolve such controversy, claim or dispute. If such negotiation fails, each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Lithuania.
The rights, powers and remedies provided in this Terms are cumulative with and not exclusive of the rights, powers or remedies provided by laws.