Terms of Service

1. Service definition

UpSwap (the "Service" or "UpSwap") is a non-custodial cross-chain swap aggregation widget operated by the UpSwap team. The Service aggregates real-time quotes from multiple third-party liquidity providers (vendors), matches orders against them, and routes execution to those vendors; it does not hold, custody, or control any user Digital Assets at any time. We do not name individual vendors publicly, and we reserve the right to add, remove, or re-route between vendors at any time without notice.

2. User eligibility

By using the Service, you represent and warrant that all of the following conditions are met:

1. 2.1 You are at least 18 years of age and have full legal capacity in your jurisdiction
2. 2.2 You are not a resident or citizen of, and are not physically located in, any Restricted Jurisdiction (see Section 3)
3. 2.3 You are not an individual or entity on the OFAC SDN list (Specially Designated Nationals), the EU/UK sanctions lists, or any equivalent sanctions list, nor are you acting on behalf of any such party
4. 2.4 You are not a resident of mainland China (excluding Hong Kong, Macau, and Taiwan)
5. 2.5 You are the lawful owner of the wallet address initiating the swap, and the Digital Assets involved are of lawful origin and do not constitute proceeds of any crime

3. Restricted jurisdictions

The Service is not available to residents or citizens of, or persons located in, the following jurisdictions (collectively, the "Restricted Jurisdictions"):

• United States of America (including all states, territories, and possessions)
• United Kingdom (including England, Scotland, Wales, and Northern Ireland)
• Mainland China
• Cuba
• Iran
• Democratic People's Republic of Korea
• Syria
• Occupied territories of Ukraine: Crimea, Donetsk, Luhansk, Zaporizhzhia, Kherson
• Saint Kitts and Nevis

For users in the Hong Kong SAR and Singapore, the Service does not currently apply active blocking; however, the applicable VASP / DPT regulatory frameworks continue to evolve, and you must assess local legal and compliance risk on your own

The Service may block or restrict access from suspicious regions based on IP, device fingerprint, on-chain wallet behavior, and third-party risk-control data. Using a VPN, proxy, or any other means to circumvent geographic restrictions constitutes "prohibited use" under Section 9 of these Terms.

4. Non-custodial statement

UpSwap does not hold any custodial accounts for users, does not operate deposit or withdrawal channels, does not facilitate fiat on-ramps, and does not store any private keys, seed phrases, or signing permissions on behalf of users. Accordingly, the UpSwap team does not constitute a money transmitter, VASP, custodian wallet provider, exchange, or equivalent regulated entity in any jurisdiction.

You understand and accept that once a swap is initiated, the flow of funds and execution are completed by the third-party vendor you selected (or that was recommended through aggregation ranking), which bears independent responsibility for order fulfillment; UpSwap acts solely as a front-end interface and quote aggregation layer.

5. Fee disclosure

5.2 The only exception: when your wallet initiates the transfer to our designated deposit address, your wallet itself deducts gas according to on-chain rules — this is standard behavior for any blockchain transfer, not a fee charged by UpSwap, and UpSwap never touches this gas.

5.3 Refunds are a special case: if an order fails and enters the refund flow, the refund itself requires an on-chain retransfer transaction, and the gas for that transaction is actually deducted from the refund amount by the source liquidity vendor (typically the equivalent of 0.5–5 USD, depending on the chain). See the Refund Policy.

6. Quote validity and slippage

6.1 Each quote has a validity period (quote TTL) of 30 to 300 seconds, determined by the selected vendor and shown as an explicit countdown in the widget.

6.2 If you complete the deposit within the TTL, the order executes at the locked rate (fixed-rate, subject to vendor capability); if your funds arrive after the TTL, the order is filled at the vendor's actual execution price at that time (floating / best-effort), and you bear any resulting price difference.

6.3 In extreme market conditions, chain congestion, or vendor rejection scenarios, the order may enter the refund flow. The refund is returned to your sending address (refund address) via the original route, and the resulting gas and bridging costs may be deducted from the refund amount.

7. Irreversibility

You are solely responsible for verifying all parameters, including the deposit address, destination chain, token contract, and refund address. UpSwap has no obligation — and no ability — to recover assets lost because you entered a wrong address, selected the wrong chain, sent an unsupported token, or used an incompatible contract wallet.

8. Service termination rights

The UpSwap team reserves the following rights, without prior notice and without any obligation to compensate:

• Suspend, halt, or terminate any individual order (including but not limited to risk-control hits, AML / sanctions hits, vendor anomalies, or on-chain anomalies)
• Suspend, restrict, or permanently block access for specific addresses, IPs, devices, or regions
• Take the Service offline in whole or in part (partial or full sunset) in response to regulatory, technical, or commercial risk
• Adjust the supported chains, tokens, vendor mix, or fee structure, without prejudice to your existing lawful rights

9. Prohibited use

You undertake not to engage in — and not to allow any third party to use your access to engage in — any of the following:

1. 9.1 Money laundering, terrorist financing, sanctions evasion, bribery, or any other financial crime
2. 9.2 Using the Service to launder proceeds of hacks, ransomware, darknet markets, fraud, or other crimes
3. 9.3 Abusing APIs, crawlers, automated scripts, or bots, or engaging in high-frequency arbitrage from the same IP / same wallet or other conduct that harms the normal operation of the Service
4. 9.4 Using a VPN, proxy, false identity information, or any other means to circumvent the geographic restrictions listed in Section 3
5. 9.5 Reverse engineering, scraping source code, embedding unauthorized iframes, impersonating the UpSwap brand, or mirroring the Service

10. Intellectual property

The intellectual property in the Service — including its code, UI design, copy, documentation, trademarks, and the "UpSwap" mark — is owned by the UpSwap team or used under valid license. You may not copy, modify, distribute, or commercially exploit it without written authorization.

The use of third-party logos and brand elements for tokens, blockchains, and wallets follows the brand guidelines published by the respective projects, and all related rights remain with their original owners; their display in the Service does not constitute an endorsement of, or a statement of partnership with, the related projects.

11. Liability cap

In no event shall the UpSwap team be liable for any of the following: indirect, incidental, special, consequential, or punitive damages; loss of profits, goodwill, data, opportunity cost, or expected returns; or losses caused by token price volatility, insufficient market liquidity, or default by third-party vendors.

12. Disclaimer of warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, the UpSwap team makes no warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, freedom from errors or viruses, or security.

13. Force majeure

The UpSwap team accepts no liability for service interruptions, order delays or failures, abnormal asset prices, or similar outcomes caused by any of the following:

• Blockchain congestion, forks, consensus anomalies, MEV attacks, or reorgs
• Failures of RPC nodes, indexers, price oracles, or bridge protocols
• Third-party liquidity vendors going offline, withdrawing orders, defaulting, or becoming insolvent
• Sanctions, export controls, regulatory orders, or court rulings
• Cyberattacks, DDoS, zero-day vulnerabilities, or other unavoidable security incidents
• Natural disasters, war, government action, telecom or power outages, and other events beyond reasonable control

14. Governing law and dispute resolution

14.1 The formation, interpretation, validity, and performance of these Terms are governed by the laws of the British Virgin Islands (BVI), without regard to its conflict-of-laws rules.

14.2 Any dispute, controversy, or claim arising out of these Terms or the Service shall first be addressed through good-faith negotiation by email. If negotiation fails, the dispute shall be referred to the Singapore International Arbitration Centre (SIAC) for final arbitration by a sole arbitrator in Singapore, conducted in English under the SIAC Arbitration Rules in force at the time the arbitration is commenced. The arbitral award is final and binding on both parties.

14.3 You expressly waive any right to assert claims against the UpSwap team by way of class action, class arbitration, or representative proceedings.

15. Changes to these Terms

The UpSwap team may amend these Terms unilaterally. General amendments take effect upon publication of the updated version on the website; material changes affecting your substantive rights and obligations (including but not limited to the scope of liability, dispute resolution, fee structure, or expansion of restricted jurisdictions) will be announced on the website at least 7 calendar days before they take effect

If you continue to use the Service after a change takes effect, you are deemed to have accepted the amended Terms; if you do not accept them, you must stop using the Service immediately and complete the refund process for any outstanding orders.

16. Language

These Terms are executed in Chinese. This English version is a courtesy translation; the Chinese version prevails.

Contact

For inquiries, objections, or termination notices relating to these Terms, email support@upswap.io; for sanctions, AML, and compliance matters, copy compliance@upswap.io.