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Terms & Conditions

Read, understand, and accept all of the terms and conditions contained herein (the “Investor Agreement”), as well as our Privacy Policy

Swift Capital Limited Investor Agreement
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Swift Capital Limited Investor Agreement

This is an agreement between Swift Capital Limited, its affiliates and subsidiaries (collectively referred to herein as “Swift Capital Limited”, “we”, “us”, or “our”) and you (together with Swift Capital Limited, the “Parties” and each a “Party”). By using any Swift Capital Limited service, whether through Swift Capital Limited.com, any associated website, API, or mobile application (collectively, “Services”), you agree that you have read, understood, and accept all of the terms and conditions contained herein (the “Investor Agreement”), as well as our Privacy Policy.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE AND UNDERSTAND THAT IF WE CANNOT RESOLVE A DISPUTE THROUGH OUR USER OPERATIONS TEAM, ALL DISPUTES ARISING UNDER THIS USER AGREEMENT SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE AND UNDERSTAND THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.

1. General Use
1.1 Eligibility.
By entering into this Investor Agreement, you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into this Investor Agreement and agree to be legally bound by the terms and conditions of this Investor Agreement, including the Cookie Policy and the Privacy Policy as incorporated herein, as amended from time to time. In order to use Services provided by Swift Capital Limited, you may be required to provide certain identifying information pursuant to our know-your-customer and anti-money laundering compliance program (“Compliance Program”).

1.2 Modification

1.2.1 We may change the terms of this Investor Agreement at any time. Any such changes will take effect when posted on the Swift Capital Limited website, or when you use the Services. If you have supplied us with an email address, we will also attempt to notify you by email of changes to this Investor Agreement.

1.2.2 It is your responsibility to update your contact information, including but limited to the email address provided to us; failure to do so may result in you not receiving notice of any such changes to the Investor Agreement.

1.2.3 Read the Investor Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current Investor Agreement. Our failure or delay in enforcing or partially enforcing any provision of this Investor Agreement shall not be construed as a waiver of any

2. Definitions
2.1 "API" means application programming interface, and is not a Service, as defined below.

2.2 "Fork" means a change to the underlying protocol of a Virtual Currency network that results in more than one version of a Virtual Currency, the result of which may be one or more versions that are not supported by Swift Capital Limited.

2.3 "Service" means one or more features provided or operated by Swift Capital Limited via website or local application (mobile, desktop, or otherwise), including but not limited to: (a) a wallet service consisting of software that permits you to self-custody virtual currency, organize network addresses, view transaction history and transact in virtual currencies (the “Wallet”), (b) a noncustodial conversion service that allows you to exchange or convert one virtual currency for another (“Conversion Service”); (c) third party conversion services that allow you to convert one virtual currency for another (“Third Party Conversion Service”); and (d) the Airdrop Program.

2.4 "Investor Account" means an account for Services associated with both (i) a Wallet and (ii) a verified identity approved in accordance with Swift Capital Limited’s Compliance Program. A Wallet is not, by itself, a Investor Account.

2.5 "Virtual Currency" means a cryptocurrency, digital currency, digital asset, cryptoasset or other such similar term describing, for example, Bitcoin or Ether but does not include a derivative of a virtual currency or a security.

3. Applicable Law
Your relationship with Swift Capital Limited and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (“Applicable Law”). By entering into this Investor Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law.

4. Swift Capital Limited Investor Account
4.1 Account Creation

4.1.1 Creating your own Investor Account may require you to use multiple methods of authentication or verification, and depending on the specific Investment Plan provided, may require you to complete our Compliance Program.

4.1.2 You agree and understand that you are solely responsible for managing and maintaining the security of any information relating to your login credentials and agree that Swift Capital Limited will not be held responsible (and you will not hold us responsible) for any unauthorized access to the Services or any resulting harm you may suffer.

4.1.3 You agree that you will not permit access to your login credentials to any other party and will not hold Swift Capital Limited responsible for any actions taken by individuals unauthorized to access your Investor Account.

4.2 Compliance Program. Your access to one or more Swift Capital Limited Services may be contingent upon successful completion of onboarding processes, which includes verification of your identity and source of funds, and additional information we may request from time-to-time. The information we request may include, without limitation, personally identifiable information such as name, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information. In providing this information to us you represent that it is accurate and agree to update your Investor Account information promptly, but in no event later than 30 days following any change in your Investor Account information. Failure to provide this information or update it promptly may result in certain Swift Capital Limited Services being unavailable to you.

4.3 Communications.

4.3.1 By entering into this Investor Agreement, you understand and agree that any and all communications from Swift Capital Limited may be provided to you via electronic mail at the address you provided when creating your Investor Account. You agree and acknowledge that Swift Capital Limited shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this Investor Agreement your use of Services so long as such notice is provided to the email address associated with your Investor Account.

4.3.2 You further acknowledge and agree that CryptBaze shall also be permitted to communicate with you through other methods including via telephone call or instant messaging or chat applications either operated by Swift Capital Limited or a third party.

4.4 Investor Account Suspension or Termination.

4.4.1 You may close your Investor Account at any time, at your sole discretion. Depending on the Services available to you in your Investor Account, you may be required to take certain actions in order to complete a pending transaction or providing additional information prior to closing such Investor Account. You are solely responsible for any fees already incurred or associated with the closing of your Investor Account, whether incurred directly by you from Swift Capital Limited, or incurred by Swift Capital Limited on your behalf with a third party in order to complete any such action. Closing your Investor Account may not result in the deletion of information we hold about you.

4.4.2 You agree and understand that Swift Capital Limited reserves the right, in our sole discretion, to immediately suspend, freeze, or terminate your Investor Account or any Wallet in the event that you are suspected of having violated any provision of this Investor Agreement, believed to be in violation of Applicable Law, or are believed to be involved in activities or conduct detrimental to Swift Capital Limited.

5. General Risk Factors

5.1 You agree and understand that there are risks associated with utilizing Services involving Virtual Currencies including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet, including, but not limited to your public and private keys. You agree and understand that Swift Capital Limited will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.

5.2 You accept and acknowledge that there are risks associated with utilizing any virtual currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that Swift Capital Limited has no control over any cryptocurrency network and will not be responsible for any harm occurring as a result of such risks, including, but not limited to, the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.

5.3 The risk of loss in using Services involving Virtual Currencies may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.

5.4 Virtual Currencies are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around Virtual Currencies is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.

6. General Provisions

6.1 Intellectual Property.

6.1.1 Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with our Services, are the property of Swift Capital Limited or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Services.

6.1.2 You accept and acknowledge that the material and content contained through our Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Services.

6.1.3 You further acknowledge that any other use of content from the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via our Services on any copy you make of the material but failing to do so shall not prejudice Swift Capital Limited’s intellectual property rights therein.

6.1.4 You may not sell or modify materials derived or created from our Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from our Services without our express, written permission.

6.1.5 Any rights not expressly granted herein to use the materials contained on or through our Services are reserved by Swift Capital Limited in full.

6.2 Accuracy of Information.

6.2.1 We will use reasonable efforts to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.

6.2.2 You agree and understand that we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.

6.3 Third Party Services and Content.

6.3.1 In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party.

6.3.2 You agree and understand that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.

6.4 Cooperation with Law Enforcement. Swift Capital Limited may, from time-to-time, respond to requests from law enforcement, regulators and policymakers by producing certain information about or relating to your use of the Services.

6.5 Recordkeeping. You agree and understand that, depending on the Services used by you, Swift Capital Limited reserves the right, in our sole discretion, to create and maintain certain records of your activity and communications relating to your Investor Account.

7. Feedback, Complaints, & Dispute Resolution

7.1 Feedback.

7.1.1 Swift Capital Limited strives to improve its Services to address feedback. If you have ideas or suggestions regarding improvements or additions to the Services, we would like to hear them; however, any submission will be subject to this Investor Agreement.

7.1.2 Under no circumstances will disclosure of any idea or feedback, or any related material to Swift Capital Limited be subject to any obligation of confidentiality or expectation of compensation.

7.1.3 By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the “Work”) to Swift Capital Limited, you grant to Swift Capital Limited, with respect to the Work submitted, a non-exclusive, perpetual, global, royalty-free license to use all of the content of such ideas and feedback, for any purpose whatsoever.

7.1.4 Furthermore, by submitting any such idea or feedback, you are waiving any moral rights to the fullest extent permitted under law that you may have in the Work and are representing and warranting to Swift Capital Limited that the Work originated with you, no one else has any rights in the Work, and that Swift Capital Limited is free of any royalty to implement the Work and to use the related material if so desired, as provided or modified by Swift Capital Limited, without obtaining permission or license from any third party.

7.1.5 You further accept that Swift Capital Limited may sub-license in any way all Work and material you have submitted to Swift Capital Limited.

7.2 Technical Support and Dispute Resolution

7.2.1 Technical Support. We will use commercially-reasonable efforts to supply email-based technical support services, but cannot guarantee immediate responses, especially during times of high volume.

7.2.2 Disputes. You agree and understand that any dispute arising under this Investor Agreement shall be settled in binding arbitration, in accordance with the American Arbitration Association’s rules.

7.2.2.1 Arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitration decision may be enforced in any court. You agree that the arbitrator shall have the authority to order relief, and you agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to reasonable costs and attorneys' fees.

7.2.2.2 If the arbitrator(s) or administrator imposes filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. If a court decides that any provision of this section concerning Arbitration is invalid or unenforceable, that provision shall be severed and resolved in accordance with the law exclusively and the other parts of this section concerning Arbitration shall still apply. In no case shall the remainder of this Investor Agreement be affected. If the invalidity or unenforceability of a provision causes a dispute to proceed in a court instead of arbitration, the Parties agree that such court must be located in Luxembourg, applying Luxembourg law.

7.2.3 No Trial by Jury. You agree and understand that by entering into this Investor Agreement, you expressly waive your right to a trial by jury and right to participate in a class action lawsuit.

8. Miscellaneous 8.1 Force Majeure. If by reason in whole or in part of any Force Majeure Event, either you or Swift Capital Limited is delayed or prevented from complying with this Investor Agreement, then such delay or non-compliance shall not be deemed to be a breach of this Investor Agreement and no loss or damage shall be claimed by you or Swift Capital Limited by reason thereof. “Force Majeure Event” means any event beyond Swift Capital Limited’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.

8.2 Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of Swift Capital Limited Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Swift Capital Limited is not responsible for determining whether taxes apply to your Virtual Currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any virtual currency transactions.

8.3 Governing Law. This Investor Agreement shall be governed by and construed in accordance with the Law, without regard to principles of conflict of laws. Nothing in this Investor Agreement shall be deemed to affect your statutory rights under the law.

8.4 Severability. If any part of this Investor Agreement is held to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of this Investor Agreement shall not be affected. Any headings contained in this Investor Agreement are for informational purposes only and are not enforceable provisions of this Investor Agreement.

8.5 Assignment. This Investor Agreement shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations under this Investor Agreement without prior written consent of Swift Capital Limited, which may be withheld in Swift Capital Limited’s sole discretion. We may assign rights or delegate duties under this Investor Agreement to an affiliate or subsidiary in our sole discretion.

8.6 Relationship of the Parties. Nothing in this Investor Agreement is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. You and Swift Capital Limited are independent contractors for purposes of this Investor Agreement.

8.7 Entire Agreement. This Investor Agreement constitutes the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties. Subsequent discussions or negotiations between you and Swift Capital Limited will only become part of this Investor Agreement by way of a written amendment specifically referencing the date and name of this Investor Agreement.

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Swift Capital Limited, 16, R. De La Gare, 73460 Mersch, Luxembourg.