Terms of Use

These Terms of Service (as amended from time to time the “Terms”) constitute a binding legal agreement between each individual entity group or association who views, interacts, links to, or otherwise uses or derives any benefit from the Site (as defined below) and Services (as defined below) (“you,” “User,” or collectively the “Users”) located at: https://app.instaswap.com (the “Site”) and Ferdin Incorporated and its affiliates referred to as “InstaSwap,” “Us,” or “We” throughout these Terms and each of its successors and/or assigns. Where you enter into these Terms on behalf of a legal entity or organization you represent and warrant that you have the authority to bind such legal entity or organization to these Terms.

By accessing or using the InstaSwap Services, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree to these Terms, you are not authorized to access or use the Services.

YOU MUST READ THIS AGREEMENT CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY OR OTHER PARTY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE SERVICES ARE NOT OFFERED TO RESTRICTED PERSONS (AS DEFINED BELOW) OR PERSONS WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW).

THESE TERMS REQUIRE THE USE OF ARBITRATION (SEE THE “DISPUTES” SECTION BELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Please contact us at support@instaswap.com for any questions or issues you may have with respect to these Terms.

About the Site & Services

InstaSwap allows Users through the Site or otherwise to utilize various functions and services operating on the THORChain Network, Mayachain Network, and Chainflip – those cross-chain protocols for executing swaps and other transactions across multiple blockchains (such functions and services, together with all other services and functionalities available on the InstaSwap Site or services or software provided by InstaSwap, the “InstaSwap Services” or the “Services”). The Services include, for example, the following:

Interface with THORChain: InstaSwap.com is InstaSwap's DEX interface to THORChain's cross-chain liquidity allowing anyone to trade native assets in a decentralized manner, provide liquidity, and perform other actions.

Cross-Chain DEX Aggregation: InstaSwap expands beyond THORChain Network and provides integrated access to decentralized liquidity sources across multiple blockchains such as Chainflip, Mayachain, and more.

API Integration: InstaSwap offers a composable open-source API built on top of InstaSwap's DEX Aggregator.

You can learn more about the Services and how they work at https://docs.instaswap.com.

InstaSwap's Role

Nothing contained in the InstaSwap Services or any other content on the Site constitutes a solicitation, recommendation, endorsement, or offer by InstaSwap to buy or sell any securities or other financial instruments.

InstaSwap is not acting as your financial, legal, or tax advisor, and you must not regard us as acting in that capacity. You should consult your own independent professional advisors before entering into any transaction and enter into a transaction only if you fully understand its nature, the contractual relationship into which you are entering, all relevant terms and conditions, and the nature and extent of your exposure to loss.

Given the nature of blockchain-based Digital Assets and the associated risks of Digital Assets, InstaSwap is unable to guarantee that any Services will function or otherwise be accessible via the Site as intended or that all InstaSwap Services will operate as intended. Accordingly, InstaSwap cannot be held liable if Digital Assets or InstaSwap Services cease to function or never function as intended due to errors that may occur on the underlying blockchain that the Digital Assets or InstaSwap Services depend upon or errors with storage solutions for the Digital Assets or other InstaSwap Services.

InstaSwap is not a wallet provider, exchange broker, financial institution, or money services business. We do not have custody or control over any Digital Assets or blockchains you are interacting with, and we do not execute purchases, transfers, or sales of Digital Assets or validations of Digital Asset transactions. To use InstaSwap Services, you must use a third-party wallet which allows you to engage in transactions on blockchains.

Please note that InstaSwap bears no responsibility for the functionality or integrity of any underlying blockchain, decentralized storage solution, or distributed ledger network associated with any Digital Assets relating to the InstaSwap Services. Similarly, InstaSwap cannot guarantee the functionality of any InstaSwap Services that are impacted by third parties that InstaSwap may work with or which InstaSwap or the Services may depend upon.

User Eligibility

As a condition to accessing or using the Services, you represent, warrant, and agree to and with InstaSwap the following as of both the date you access the Site and as of each time you utilize the Services:

1. You are at least the age of majority in your jurisdiction.

2. You are not a resident, citizen, national, incorporated or organized in, have a registered office in, or are an agent of any Restricted Territories.

3. You are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the Australian government, the European Union, any other government, or the United Nations.

Electronic Informed Consent

InstaSwap may from time to time ask you to accept these Terms along with other online agreements and disclosures. By providing your acceptance, you will be providing your electronic informed consent that will affirm:

You understand and intend that these Terms of Service comprise a legally binding agreement and are equivalent to a signed written contract; and

You will use the Site and the Services in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions of these Terms of Service and any other applicable rules, guidelines, or other conditions that govern the use of a particular service or site.

User Conduct

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services subject entirely to provisions of these Terms and Applicable Law. Our grant of such license is subject to the following conditions and agreements:

You agree not to engage in any activity that violates any Applicable Law, including but not limited to sanctions programs, fraud, unlawful transactions, technical misconduct, or any other behavior that compromises the integrity of InstaSwap Services or the Site.

Disputes

Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with InstaSwap and limits the manner in which you can seek relief from us.

Intellectual Property Rights

We own all intellectual property and other rights related to the Site including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs.

Third-Party Content and Services

The Site may contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to or access and use a Third-Party Website or Third-Party Application, though we may not warn you that you have left the InstaSwap Services, you are subject to the terms and conditions (including privacy policies) of another website or destination.

InstaSwap may provide links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, recommend, approve, monitor, endorse, warrant, or make any representations on information with respect to Third-Party Websites or Third-Party Applications or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

Non-Custodial and No Fiduciary Duties

The Site is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. These Terms are not intended to, and do not, create or impose any fiduciary duties on InstaSwap. To the fullest extent permitted by law, you acknowledge and agree that InstaSwap owes 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.

Searcher Relay

Digital Assets may be subject to terms directly between buyers and sellers (or other parties such as validators) with respect to a given Digital Asset (“Purchase Terms”). The parties in any of these third-party transactions are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. InstaSwap is not a party to these transactions and is not responsible for reviewing such Purchase Terms.

No Professional Advice or Fiduciary Duties

All information accessible through the Site or otherwise provided by Us is for informational purposes only and should not be construed as investment, tax, or legal advice. Before making any financial, legal, or other decisions involving the Services, you should seek independent professional advice.

InstaSwap is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation with you when you use the Services.

Copyright Infringement Complaints Under the Digital Millennium Copyright Act

InstaSwap respects the intellectual property rights of others. It is our policy to respond promptly to any claim that content posted on the Site infringes the copyright or other intellectual property rights of any person. InstaSwap will take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and these Terms.

If you are a copyright owner or an agent thereof and believe that any Content on the Site infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing us with the necessary information as outlined in 17 U.S.C. § 512.

Disputes

To the fullest extent permitted by applicable law, you agree that any dispute or claim relating to your access or use of the Site, Services, or any aspect of your relationship with InstaSwap will be resolved by binding arbitration. Arbitration shall be settled by the Athens Mediation & Arbitration Organization in Greece, as described in detail in this section.

Limitation of Liability

To the fullest extent permitted by law, InstaSwap shall not be liable for any lost profit, indirect, consequential, exemplary, incidental, or punitive damages arising from these Terms, the Site, or Services.

InstaSwap is not responsible for losses or injury caused by certain risks associated with blockchain, such as software failure, network downtime, and smart contract bugs. These limitations of liability may not apply in jurisdictions where such exclusions are prohibited.

Assumption of Risk

By using the Services, you acknowledge and accept various risks, including the volatility of Digital Assets, technological risks, and the evolving regulatory environment surrounding blockchain technology.

You agree that InstaSwap is not responsible for determining the taxes applicable to your transactions and that blockchain transactions are irreversible.

Indemnification

You agree to indemnify and hold harmless InstaSwap and its affiliates from any claims, damages, or costs arising from your use or misuse of the Site or Services, your violation of these Terms, or your violation of any rights of a third party.

Governing Law and Venue

These Terms and your access to and use of the Site shall be governed by the laws of Greece. Any disputes not subject to arbitration shall be resolved in the courts of Greece.

Termination

If you breach any of the provisions of these Terms, all licenses granted by InstaSwap will terminate automatically. InstaSwap reserves the right to suspend or terminate your access to the Site or Services at any time, for any reason, without notice.

Miscellaneous

These Terms constitute the entire agreement between you and InstaSwap regarding your access to and use of the Site and Services. Any failure by InstaSwap to assert any right under these Terms shall not constitute a waiver of such right.

If you have questions concerning these Terms or encounter any issues, please feel free to send an email to support@instaswap.com.