Terms of Service Agreement
Last updated: January 28, 2024 Welcome. You agree and understand that by accessing or using the website www.houdiniswap.com (“Houdini Swap”), you are agreeing to enter into this terms of service agreement, and any terms and conditions hereunder, which includes the Houdini Swap Privacy Policy, incorporated herein by reference, which governs the terms of service by and between you and Houdini Swap, and to be legally bound by its terms and conditions. (“Agreement”) The owner and operator of this website, https://www.houdiniswap.com, along with other owned websites (collectively, the “Sites”), transactional services we facilitate, other products, functionality, and staking services, offered on or through our online services that link to this Agreement (collectively, the “Services”). Please note that there may be specific terms or conditions in this Agreement applicable to you as a user in a given jurisdiction, as detailed herein. Your use of our Services is subject to you complying with and agreeing to the terms and conditions set out herein in their entirety. Use of the words “we”, “us” or “our” herein refers to Houdini Swap. “You”, “your” and “user” refers to any individual who accesses the Services. If you access the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these this Agreement and, in that case, “you”, “your” or “user” will refer to that entity. By accessing the Services, or by acknowledging your agreement to this Agreement, you agree that you have read, understood, comply with and agree to this Agreement. You further agree that the defined terms used in this Agreement, if defined in the Privacy Notice, shall have the meanings set forth herein. In the circumstance where any of the Services are subject to additional terms or agreements to this Agreement, in the event of conflict, the provisions of the additional terms or agreements shall prevail. Please read this Agreement carefully. Feel free to print and keep a copy but please understand that we reserve the right to change any of the terms and conditions of at any time. The latest version of this Agreement, with its date of update, can be always found on this page. You agree and understand that by accessing or using the Services following any change to the this Agreement your access or use of the Services shall constitute your agreement to the amended Agreement, and you agree to be legally bound by its terms and conditions as amended. You should, therefore, read the this Agreement from time to time. In the event that you do not agree with any such amended terms and conditions, your sole and exclusive remedy is to cease your use of the Services. IF ANY TERM OR CONDITION OF THIS STAKING AGREEMENT IS UNACCEPTABLE TO YOU, YOU SHOULD NOT ACCESS THE SERVICES.Transactions
A transactional related event accessed by the Services, such as a “swap”, “send” or “cross-chain swap”, requires the use of cryptocurrency, digital tokens or digital assets (“Digital Assets”) (collectively “Transaction”). Transactions occur on a blockchain, which is a distributed ledger with growing lists of records, known as blocks, that are securely linked together via cryptographic hashes (collectively “Blockchain”). In order for a Transaction to complete it must be confirmed and recorded on its associated Blockchain. Blockchains are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. By accessing the Service, you acknowledge and agree that any Transaction may not be completed, or may be substantially delayed. The Services do not store, transfer, transmit, convert, broker, hold, escrow, mint, mine, or otherwise interact with any Digital Assets, security, financial instruments, or other digital or physical assets. The performance of all Transactions occurs on third-party platforms and are subject to their associated third-party terms. WE DO NOT GUARANTEE THAT ANY TRANSACTION WILL BE PROCESSED AND CONFIRMED, OR THAT WE CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSETS. YOU ACCEPT AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THAT YOU MAKE IN CONNECTION WITH ANY TRANSACTION AND RELATED DIGITAL ASSETS WHEN USING HOUDINI SWAP. We strongly encourage you to review any order details carefully when accessing the Services.Staking Service
When you hold a Digital Asset in your wallet you may choose to access, via the Services, the Houdini Swap staking service which allows you to lock or “stake” your Digital Assets on the Blockchain for a period of time with the intention of in return earning additional Digital Assets, or “staking rewards” (“Staking Service”). Please note staked Digital Assets are not subject to the protections of the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SPIC), the UK Financial Ombudsman Services, the European Securities and Markets Authority (ESMA) or any other similar protections. Houdini Swap earns fees by way of a referral commission for the facilitation of Transactions, which is paid by third-party providers. Each third-party provider independently determines what fees it charges in its function for the provision of the Transaction, as well as the commission fees earned by Houdini Swap. A majority of these fees support the Staking Service. The proportion of fees allocated to the Staking Service are defined in the Staking Program. During your participation with the Staking Service your staked Digital Assets will be restricted from transfer or sale (“Staked”). If when using the Staking Service you nominate to unstake your Digital Assets, you will not have access to your Digital Assets until the expiration of any applicable notice or waiting period (“Notice Period”), unless you choose to accept an early unstake penalty fee being, the payment of which is offset against the balance of your staking account. The penalty fee is defined in the Staking Program. You will not earn rewards on the balance of your staked assets during the Notice Period. You have no right to a staking reward until it is delivered by the Staking Service to the Blockchain smart contract which solely manages the distribution of Staking Service rewards to staking participants.iFrame Integration
You agree and understand that by accessing or using our inline frame (“iFrame”), you are agreeing to the terms herein. If any term or condition of this Agreement is unacceptable to you, you must not use our iFrame. If you would like to integrate our iFrame you will need to contact us. Please feel free to contact us by clicking the link below. ▪️Partnership EnquiriesThird-Party Services
We engage with third-party providers, such as cryptocurrency exchanges, who provide products and services, and which may include the use of third-party APIs, over which we have no direct or indirect control (“Third-Party Service”). Third-Party Services are governed by their respective terms and conditions. Such terms and conditions may include separate fees and charges, as well as disclaimers or risk warnings on the accuracy of the information or the services they individually provide which may include a privacy policy that differs from our Privacy Notice. You should read and understand the terms and conditions of Third-Party Services, including how they may collect and use your personal information. The respective terms and conditions of Third-Party Services also govern other matters, including but not limited to their eligible use requirements, restrictions on certain localities, Prohibited Users hereunder, or any other eligibility-related terms. As a result, your access to certain aspects of the Services may be restricted by those third-party providers. YOU AGREE AND UNDERSTAND THAT TRANSACTIONS ARE NOT PROVIDED BY US. YOU ACCEPT THEY ARE THE SOLE RESPONSIBILITY OF THIRD-PARTY PROVIDERS. WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY SERVICES, ACTIONS, OR ACTIVITIES CONDUCTED BY THIRD-PARTY PROVIDERS. You hereby acknowledge that Third-Party Services are the sole responsibility of the third-party providers providing them. You hereby expressly release us from any liability arising from the use of any Third-Party Service, third-party website, or content and any resulting harm, loss, or damage.Third-Party Resources and Promotions
The Services may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third-parties may offer promotions related to your access and use of the Services. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.Compliance
The Services may not be available or appropriate for use in all jurisdictions. By accessing or using the Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the Services and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations. We reserve the right, to use publicly available information, as well as personal information we collect subject to our Privacy Policy, incorporated by reference herein, to assess the risks associated with illicit or non-compliant activities, phishing, or other potential threats. You acknowledge and understand that when you access the Services compliance assessments of your use can be undertaken by Third-Party Services, the results of which are at the sole discretion of the third-party provider. Houdini Swap has no control over these Third-Party Services. We are not and cannot be responsible for the accuracy of the information or the services of such providers. These Third-Party Services are governed by their respective terms of use. We recommend you read them carefully prior to further accessing the Services. We reserve the right, but have no obligation, to provide respective warnings to you. You hereby acknowledge that we have no responsibility and shall not be held liable for such assessment, restriction, results, or accuracy thereof. We reserve the right, but have no obligation, to block or restrict any activity on the Services that may be associated with any illicit and/or non-compliant activities. If you believe you or your wallet address has been blocked or restricted from using the Services in error, please contact our Support Team.Phishing Alerts
Houdini Swap may occasionally provide phishing and other potential risk alerts through the Services. These risk alerts are provided for informational purposes only, and we do not make any representations or warranties regarding their accuracy, completeness or reliability. You are solely responsible for the final decision as to the applicability and fitness of such alerts. You hereby acknowledge and agree that risk alerts are provided on an “as-is” basis, without any warranties or guarantees, and that you assume all the associated risks. Houdini Swap has no responsibility and shall not be held liable for any claims, damages or losses arising from or in any way relating to such alerts.Permitted Use and License
In order to access the Services you agree, represent, and warrant that; (i) you are at least 18 years of age; (ii) you have the legal capacity to enter into this Agreement; (ii) you are not a person or entity who resides in, are citizens of, are incorporated in, or have a registered office in, the United States of America; (iii) you are not engaged in the direct or indirect proceeds of any criminal, fraudulent or otherwise or illicit activity; (iv) your access, or attempt to access, the Services will not use any technology for the purposes of circumventing this Agreement; (v) you agree to be legally bound by the terms and conditions of this Agreement in their entirety. If you satisfy all of the eligibility requirements set forth herein, and your access to and use of the Services complies with this Agreement, we hereby grant you a non-assignable, non-exclusive, worldwide, and royalty-free limited license to use the Services. The license is freely revocable by us at any time, without notice or cause, and at our sole discretion. Use of the Services for any purpose not expressly permitted by this Agreement is prohibited.Amendment, Suspension or Termination
You agree and understand that we may, in our sole discretion, change, suspend, discontinue, or terminate any aspect of the Services, or its availability to you, at any time and without notice and we do not accept any responsibility for any losses, whether direct or indirect, that you may incur as a result our doing so.
Prohibited Use
We do not permit access to the Services for any prohibited activity that would violate, assist in violation of, or cause Houdini Swap to violate any applicable laws and regulations or which would involve proceeds of any unlawful activity. We do not provide the Services or enter into relationships with individuals and institutions pursuant to the economic sanctions programs administered by, but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) or identified by law enforcement or regulatory agencies as being involved in illegal money laundering or terrorist financing (“Prohibited Users”). In the event that we identify you as being a Prohibited User, we may block your access to the Services without notice. The details of our Compliance Policy can be found by clicking the link below. ▪️Compliance PolicyForce Majeure
For the avoidance of doubt, you agree and understand that in no event shall we be liable for any delays, failure in performance or interruption of the Services which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond our reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software), Internet or network provider services.Limitation of Liability
All information provided in connection with your access and use of the Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information displayed in the Services or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, news feeds, tutorials, tweets and videos. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice is appropriate. This Agreement is not intended to, and expressly does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set forth expressly herein.Intellectual Proprietary Rights
We own all intellectual property and other rights in Houdini Swap and the Services, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, or expressly authorized hereunder, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Services or any of its contents. Accessing or using the Services does not constitute a grant to you of any proprietary intellectual property or other rights in Houdini Swap or the Services. You retain ownership of all intellectual property and other rights in any information and materials you submit through the Services. However, by forwarding to us or uploading such information or materials, you grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute, publish and send this data in any manner in accordance with applicable laws and regulations. You may choose to submit comments, bug reports, ideas or other feedback about the Services, including, without limitation, about how to improve the Services (collectively, “Feedback”). By submitting Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). If necessary under applicable law, you then hereby grant us a perpetual, irrevocable, nonexclusive, transferable, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.Disclaimer of Warranties
We provide no representations or warranty as to the Services. You expressly agree that your use of Houdini Swap is at your sole risk. We expressly disclaim all representations and warranties, express, implied or statutory, with respect to the Services. We specifically do not represent and do not warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that the Services, code and any related information are accurate, complete, reliable, current or error-free. For the avoidance of doubt, we expressly disclaim all representations and warranties that we provide investment advice, tax advice, legal advice, or other professional advice by allowing you to use the Services. In addition, we do not recommend, or endorse Transactions with Digital Assets. We further expressly disclaim all representations and warranties for information displayed in the Services, including but not limited to information relating to Transaction coversion rates of Digital Assets, the prices of Digital Assets, Staking Service, or any other, which may or may not be provided by third-party providers. Such information displayed in the Services is calculated and/or provided for informational purposes only. Houdini Swap does not represent or guarantee that any of the information available through the Services is accurate, reliable, current, complete or appropriate for your needs. The Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that no advice, information, or statement that we make should be treated as creating any warranty concerning the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning Houdini Swap or the Services.Disclaimer of Liability
Except to the extent required by law, we shall not be liable to you, whether in contract or tort, for any punitive, special, indirect, consequential, incidental, or similar damages, including lost trading or other profits, diminution in asset value, or lost business opportunities (even if we have been advised of the possibility thereof) in connection herein, your use or attempted use of the Services, or any of the information, services or Transactions contemplated herein. Houdini Swap’s total liability for breach hereof shall be limited to one hundred US dollars ($100.00). If this disclaimer of liability section is deemed to conflict with any other section herein, this disclaimer of liability section supersedes the other section.Code of Conduct
We work hard to ensure the Services are safe, secure, and compliant. To that end, we expect that you treat our team members, including our Customer Support Team, with the same respect you would expect to be treated yourself. Any use of inappropriate or abusive language or conduct towards any of our team members is strictly prohibited. Examples include, but are not limited to, verbal threats, harassment, aggressive comments, or behavior that is disrespectful. This type of behavior is a direct violation of this Agreement. If you engage in this type of behavior, we will politely ask you to stop. If you continue to engage in this type of behavior, we will take any and all actions necessary to prevent you from communicating with us further.Press Guidelines
We encourage and hereby authorize press and media to refer to Houdini Swap, provided that any reference is accompanied by:- Attribution to Houdini Swap, and
- A hyperlink to Houdiniswap.com, when possible.