ChangellyDEX Terms of Use
Last Updated: Aug, 2022
These Terms of Use and any terms and conditions incorporated herein by reference (collectively, the “Terms”) govern your (“user,” “you”) access to and use of ChangellyDEX (the “Platform”) placed at changelly.com/decentralized-exchange made available by Fintechvision Limited (“Changelly,” “We,” or “Us”). By accessing, browsing, or otherwise using the Platform or by acknowledging agreement to the Terms of the Platform, you agree that you have read, understood, and accepted all of the Terms. Changelly reserves the right to change these Terms from time to time at its sole discretion and without notice to you. The latest version of these Terms will be posted on the website and should be reviewed prior to accessing or using the Platform. All changes will be effective immediately when posted on the website and will apply to your use of and access to the Platform from that point onward. Your continued use of or access to the Platform following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
1. Services
ChangellyDEX aggregates decentralized exchanges and other DeFi services in one comprehensive interface. We develop and operate the Platform, an online application that enables the user to benefit from the Decentralized Exchange aggregator platform, offering the user the best prices on the market regarding token swaps on the Ethereum blockchain (“Services”).
Decentralized Exchange offered by us or other participants in the Platform requires payment or otherwise involves the use of an underlying blockchain or other decentralized or permissioned infrastructure (“Network”), which may require that you pay a fee, such as “gas” charges on the Ethereum network, for the computational resources required to perform a transaction on the particular Network (such payments and fees, “Charges”).
You acknowledge and agree that Changelly has no control over any Network transactions, the method of payment of any Charges, if applicable, or any actual payments of Charges, if applicable. Accordingly, you must ensure that you have a sufficient balance of the applicable Network tokens stored in your DeFi wallet to complete any transaction on the selected Network before initiating such a transaction. A Decentralized Exchange via the Platform cannot be canceled by Changelly.
To be able to use all possibilities and functionality of the Platform, you shall have your DeFi wallet or create any other wallet supported by WalletConnect. You can connect your wallet to the Platform, which allows us to collect and display your wallet information. It is your responsibility to take additional measures to secure your wallet.
Changelly does not hold any of your tokens but solely provides an aggregator Service interacting with Third-Party Services.
2. Eligibility
Prior to your use of the Services and on an ongoing basis, you represent, warrant, covenant, and agree that:
you use our Services at your sole option, discretion, and risk;
you are solely responsible for any applicable taxes that may be payable while using our Services;
you are NOT in, under the control of, or a national or a resident of any country where token transactions are explicitly prohibited or the United States of America (including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John, and St. Thomas) (“Restricted Locations”). Changelly does not operate in Restricted Locations. Changelly maintains the right to select the markets and jurisdictions to operate in and may restrict or deny its services to certain countries at any time;
you are at least 16 years old or of other legal age according to your relevant jurisdiction;
there are risks associated with your use of the applicable Network, your DeFi wallet, and any network tokens, including the risk of mining attacks, such as “double-spend attacks,” “majority mining power attacks,” “selfish-mining attacks,” “race condition attacks,” and any other unidentified risks;
You further represent, agree, and warrant that you will not violate any law, contract, or third-party right or commit a tort by accessing or using the Services and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree, and warrant that YOU WILL NOT:
use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
use our Services to participate in fraud, scam, or any type of illegal activity;
exchange via our Platform tokens that are obtained from illegal gambling activities, fraud, money laundering, or terrorist activities, or any other illegal activities. With our Services, the user can only use tokens that are obtained from legal sources;
exchange via our Platform tokens that are obtained from illegal gambling activities, fraud, money laundering, or terrorist activities, or any other illegal activities. With our Services, the user can only use tokens that are obtained from legal sources;
attempt to modify, decompile, reverse-engineer, or disassemble our software in any way;
use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
attempt to circumvent any content filtering techniques we employ or attempt to access any service or area of our Services that you are not authorized to access;
develop any third-party applications that interact with our Services without our prior written consent; AND
encourage or induce any third party to engage in any of the activities prohibited under this Section.
YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS, AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF TOKENS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
The Platform enables access to data from multiple sources, and you acknowledge and agree that the accuracy, availability, or quality of data provided via the Platform may be impacted by various factors, including the result of the underlying data being of low quality, volatile, or otherwise compromised at the data source.
Changelly reserves the right to suspend your access to the Services, at any time and by any means, without compensation or prior notice, and to seek damages and other legal remedies if you engage in any conduct or activity that is in violation of these Terms, unlawful, fraudulent or detrimental to other users or the Service.
3. No warranties
The Services are provided on an “As is” and “As available” basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN.
To the fullest extent permitted by law, Changelly disclaims any representations and warranties of any kind, whether express, implied, or statutory.
You acknowledge and agree that your use of the Services is at your own risk.
4. Limitation of Liabilities
Except as otherwise required by law, IN NO EVENT SHALL CHANGELLY, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM CHANGELLY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHANGELLY’S RECORDS, PROGRAMS OR SERVICES.
To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHANGELLY (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, CHANGELLY OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO CHANGELLY WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
Unless otherwise specified by applicable legal provisions, Changelly shall not be held liable for any claim that occurred or aggravated due to the action, intervention, or omission of users, or for:
the user’s errors or omissions in, or loss or damage incurred as a result of the use of any content made available through the Platform, including but not limited to the loss by the user of the control over his/her DeFi wallet or any supported wallet;
personal injury or property damage of any nature whatsoever resulting from any access or use of the Platform;
unauthorized access or use of any secure server or database in our control or the use of any information or data stored therein;
interruption or cessation of function related to the Services;
unusual or illegal use of the Services offered, by a Third Party or a user, including in the context of transactions carried out through pools;
the prices displayed on the Website provided by Third-Party Services;
external events outside of Changelly’s control, including but not limited to breakdowns or malfunctions of the Platform not caused by Changelly (cyberattack), bugs, viruses, requirements, and risks inherent to the protocol (in particular, technical failures and volatility of ETH prices);
regulations in force and mandatory in the country of the user; AND
force majeure events.
You acknowledge and agree that it is your sole responsibility to evaluate and select the Third-Party Service you choose to operate the Platform. The Service is solely an intermediary, acting as an aggregation platform for Third-Party Services, that transmits the user’s orders to such Third-Party Services. Thus, Changelly cannot be held liable for any losses resulting from the operation of a Third-Party Service.
5. Applicable Law; Arbitration
You and Changelly agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- You and Changelly agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Changelly shall be sent to [email protected]
Any dispute, controversy, difference, or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The law of this arbitration clause shall be Hong Kong law.
The seat of arbitration shall be in Hong Kong.
The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.
Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Hong Kong, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
Whether the dispute is heard in arbitration or in court, you will not commence against Changelly a class action, class arbitration, or representative action or proceeding.
6. Miscellaneous
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services.
Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Changelly, including by operation of law or in connection with any change of control. Changelly may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.