Terms of Service & Privacy Policy

Welcome to the web-hosted user interface located at SilentSwap.com, powered by software developed by SilentSwap (“SilentSwap”, “We”, “Our”, or the “Company”).

The following Terms of Service (the “Terms”) govern your access to and use of SilentSwap.com (the “Website”) and its functions, which include providing access to various third-party digital asset transactional services and routing functionality for performing token swaps (collectively, the “Services”). All uses of the Website and Services are subject to these Terms.

By using the Website and/or Services, you acknowledge that you have read, understood and agree to comply with these Terms. If you do not agree with anything contained in the Terms, please do not submit information, access information, perform swaps, or otherwise interact with the Website.

Overview of SilentSwap Services

SilentSwap develops non-custodial, decentralized, and privacy-focused cross-chain aggregation software interfaces that enable users to conduct private transactions across supported blockchain networks.

SilentSwap provides tools to users through the Website including software, delivery, communication, and/or network access services allowing users to engage in desired transactions. SilentSwap does not hold, store, or control any user assets. All transactions initiated by users occur directly on third-party blockchain networks through users’ self-custodied wallets. SilentSwap is not a party to or a liquidity provider for any transaction.

SilentSwap complies with all laws and regulations applicable to its provision of software, including the laws of St. Lucia where the Company is registered. With regard to transactions involving U.S.-based persons, the Company implements sanctions screening mechanisms designed to identify and block transactions involving individuals, entities, or jurisdictions subject to OFAC sanctions. The Company is classified as a software provider and does not operate as a Money Services Business under U.S. FinCEN regulations.

Performing Transactions

To initiate a swap, you will provide your self-custodied wallet address on the SilentSwap Website’s user interface, select the desired source and destination tokens, blockchains, and wallets, and specify the number of tokens to be swapped. You will pay a 1% fee per completed transaction for the use of our software interface to access third-party transactional systems that perform the swap, plus any applicable blockchain and slippage fees.

Transaction Limitations, Restrictions, and Procedures

You agree that the Company is not responsible for any delay in a transaction, or the failure of any other person or party (including You and any third-party Service Providers) to perform all necessary steps to complete a transaction.

Access to the Website may be degraded or unavailable during periods of significant volume or volatility. This could result in the inability to swap tokens and delays in support response.

We do not guarantee that any swap request entered on the Website will be transmitted or executed. The Company shall not be liable for any losses arising out of transaction delays or failure of execution of any swap.

The Company reserves the right to refuse to forward any swap request placed through the Website for any reason, including, but not limited to: the functionality and availability of third-party Service Providers and smart contracts used to perform swaps, Your breach of this Agreement, actual, potential, or perceived violation of any applicable laws, rules or regulations, abnormal market conditions, significant disruptions in trading or the market for the token(s) you are swapping, inability to access required liquidity, and operational failure of Service Providers. If the Company does not process a swap, the Company will not have any liability to you for failure to process the swap.

You acknowledge that blockchain transactions are irreversible once confirmed by the network, and SilentSwap cannot reverse or recover any tokens sent to an incorrect address or that otherwise become lost as a result of inaccurate instructions you provide on the Website or otherwise.

SilentSwap does not guarantee anonymity. Users maintain responsibility for their own privacy posture and operational security.

Routing paths, multi-hop flows, and third-party relays used by Service Providers are dynamically selected and may vary by chain, availability, or liquidity conditions.

Service Providers

The Website may use third-party Service Providers to perform some functions. By using the Website, You authorize us to use third-party Service Providers in delivering the Website functions. Each Service Provider may have applicable terms of service, and if so, those terms will apply to You when they provide services supporting your account. Although we believe that connected Service Providers have implemented reasonable and appropriate terms of service and limitations of their liability, we have no control over and assume no responsibility for their terms of service or their implementation of such terms. We also assume no responsibility to notify you of any changes in their terms of service.

Modifications to the Terms of Service

SilentSwap reserves the right to make changes to these Terms at any time. It is your responsibility to review the Terms from time to time to see if modifications have been made. Your continued use of the Website and/or Services after any modification of the Terms will conclusively indicate that you accept those changes. Notwithstanding the above, we will seek your consent to future modifications to the Terms to the extent we are required to do so by law.

Electronic Communication

We, or a Service Provider, may be required to provide certain legal and regulatory disclosures, notices, and other communications (collectively "Communications") to you in written form. By agreeing to these Terms, you consent to SilentSwap and any Service Providers delivering such Communications to you in electronic form. Consent for electronic delivery applies to every year the Communications are furnished. If you do not wish to receive Communications in electronic format, then you may provide the Company with an e-mail address or request that Communications be provided in physical form.

You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement such communications would satisfy if they were provided in writing. With respect to these Terms, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.

Privacy Policy

Your privacy is at the core of our mission. We encourage you to read SilentSwap’s Privacy Policy available on the Website (the “Privacy Policy”). The Privacy Policy explains how we treat your personal information when you are using the Website. By using the Website, you agree that SilentSwap may use your personal information as set forth in the Privacy Policy. SilentSwap’s Privacy Policy is hereby incorporated in the Terms by reference in its entirety.

Acceptable Use of the Website

You represent that you are 18 years of age or older; able to form a binding contract with us; and are acting on your own behalf (and have not been banned, terminated, or otherwise denied access to the Website by SilentSwap or by law).

Accessing the information, resources, services, products and tools of this Website by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper with the Website, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information with respect to SilentSwap users, borrowers, investors, lenders or employees.

You may not violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Website or SilentSwap’s products, services or data, including overburdening, spamming, engaging in a denial-of-service attack or similar activities (or attempt to do any of the above).

You will not transmit to SilentSwap or make available on or upload any information to the Website that: (i) is commercial or promotional in nature; (ii) is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others; (iii) is capable of giving rise to legal action whether against you or SilentSwap or any affiliate third party; (iv) infringes any patent, trademark, trade secret, copyright, or other property rights of any party; (v) impersonates any person or entity (including SilentSwap or its employees and representatives); or (vi) contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Website or its software, data or network.

By submitting any information, feedback or other communications to SilentSwap (other than your personal and financial information which are confidential), you: (i) acknowledge that such communications are non-confidential except for any personal and financial information they contain; (ii) grant SilentSwap a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials in any form or medium known or later developed; and (iii) agree that you will have no claim against for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.

Network Control

SilentSwap does not own or control any of the underlying software through which blockchain networks are formed and tokens are created and transacted. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using the Website and Services, you understand and acknowledge that SilentSwap is not responsible for the operation of the underlying software and networks that support tokens and transfers of tokens, and that SilentSwap makes no guarantee of functionality, security, or availability of such software and networks.

Regulatory

SilentSwap is a software provider and does not operate as a Money Services Business that would be required to adopt and implement an Anti-Money-Laundering (“AML”) program under U.S. law. However, certain users and liquidity providers using the Services to perform swaps on a commercial basis may be required to register with the U.S. Treasury Department’s financial crimes enforcement network (“FinCEN”) as a Money Services Business and comply with FinCEN regulations. If either you or your counterparty or liquidity provider operate as a Money Services Business under FinCEN regulations, you confirm that you will comply with all applicable regulations in your use of the Website and Services including implementing AML and recordkeeping programs that are compliant with applicable regulations, at all times when performing swaps using the Website.

Transactions in digital assets are subject to applicable laws, regulations, and rules of federal and state governmental and regulatory authorities (collectively, "Applicable Laws"). Compliance with Applicable Laws may include compliance with any guidance or direction of any regulatory authority or government agency, any writ of attachment, lien, levy, subpoena, warrant, or other legal order (collectively, "Legal Orders"). You understand and acknowledge that in no event will SilentSwap be obligated to effectuate any transaction it believes would violate any Applicable Law. You further understand and acknowledge that SilentSwap is not responsible for any losses, whether direct or indirect, that you may incur as a result of SilentSwap’s good faith efforts to comply with any Applicable Law, including any Legal Order.

SilentSwap’s Intellectual Property

All rights, title, and interest in and to the Website and the Content (defined below) and all intellectual property contained therein or relating thereto, including any copyright, patent or trademark rights, are and will remain the exclusive property of SilentSwap or its licensors, as applicable. The “Content” includes all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of SilentSwap’s information (including rate information) and requirements, products, services, advertising materials or collateral, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.

Subject to the terms and conditions of the Terms, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Website and the Content for personal use until such time as the Terms terminate or expire or your right to use or access the Website is terminated in accordance with these Terms.

Except as explicitly permitted by these Terms, you may not, and you may not allow others to, sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to SilentSwap, any Content. You may not, and you may not allow others to: (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any Content, or (ii) remove or alter authorship attribution or copyright notices or similar information on the Website or any products or materials embodying or containing any Content.

Any violation of the provisions of the Terms regarding SilentSwap’s Intellectual Property may make you liable for compensatory and punitive damages and shall specifically also entitle SilentSwap to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.

No Advice

The Content and the Website do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell any investments, securities, partnership interests, commodities or any other financial instruments.

While SilentSwap may make certain informational Content available to its users, under no circumstances does SilentSwap provide legal, tax, investment, financial, estate-planning, accounting, or any other advice. The Content and the Website also do not constitute and may not be used in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.

The Content and the views expressed in the Content do not necessarily reflect the views of the Company, its directors, officers, employees, shareholders or any part or member thereof or of any third party.

Third-Party Websites and Content

The Website may contain links or connections to third-party websites. Any such link or connection is provided only as a convenience and should be used at your own risk. SilentSwap has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by SilentSwap or create any liability on the part of SilentSwap with respect to such link or connection. Your use of any such third-party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.

Termination; Survival of Provisions

If you are not in full compliance with all of these Terms, the permissions granted to you under these Terms will automatically terminate, and in such circumstances, you are no longer permitted to use or access the Website or the Content.

SilentSwap may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which SilentSwap may exercise this right to terminate your right to use the Website include, but are not limited to: (i) you have breached any provision of the Terms; (ii) you have engaged in conduct which SilentSwap, in its sole discretion, considers to be unacceptable; (iii) SilentSwap is required by law to do so; or (iv) SilentSwap no longer provides the Website. The above are only examples of circumstances in which SilentSwap may terminate your right to use the Website and SilentSwap may terminate your right to use the Website for any other reason in its sole discretion. We will not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.

Any ongoing obligations on you, and the provisions relating to: (i) SilentSwap’s Intellectual Property; (ii) No Solicitation or Offering; (iii) SilentSwap’s Remedies; (iv) Indemnification; (v) Limitation of Liability; (vi) General, and (vii) any other provisions designed to survive, will survive any termination or expiration of the Terms for any reason.

SilentSwap’s Remedies

Without prejudice to SilentSwap’s other rights under the Terms, if you breach the Terms in any way, SilentSwap may take such action as SilentSwap deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service or other telecommunications provider to request that it block your access to the Website and bringing court proceedings or taking other legal action against you. If you violate the Terms, SilentSwap will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.

Limitations of Liability

The Company endeavors to provide reliable access to the Service. However, our Website is subject to various modes of failure and loss of data, some of which are beyond Our control.

SilentSwap may use automated systems in conjunction with: the receipt and handling of requested swaps; the reporting of swap requests, cancelations, and executions; the settlement of transactions; tax and cost basis reporting; and similar recordkeeping and reporting services (collectively, "Automated Systems"). The use of Automated Systems entails risks, including but not limited to interruption of service, systems of communications failures, delays in service, cyberattacks, and errors in the design or functionality of such Automated Systems that could cause damage, expense, or liability to the user. SilentSwap makes no representations or warranty of any kind, express or implied, with respect to the selection, design, security, functionality, or operation of such Automated Systems. SilentSwap expressly disclaims any representation that any Automated System will operate uninterrupted or be error-free.

The Company disclaims all liability, and you acknowledge and agree that we will not be liable for any harm or damage to you or to any party resulting from the theft or unauthorized use of your wallet addresses and/or public or private keys. You are solely responsible for all activity that occurs using your wallet(s) (whether or not expressly authorized by you). SilentSwap shall have no liability to you or any other person for acts or omissions made or committed by your agent, representative or third-party service provider in respect of your SilentSwap usage.

Your use of the Website and Services is at your own risk, and on an “as-is” and “as-available” basis. We do not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party including our Service Providers. You assume the risk of conducting transactions over the Internet and agree that we have no liability for security breaches unless we are grossly negligent.

You assume the risk of losses due to your use of the Website, including without limitation losses from: (i) hardware failures, (ii) data losses, (iii) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (iv) failure of or corruption of wallets; and (v) improper activities of others, including without limitation deploying viruses, phishing, or otherwise attacking the Website.

You agree that you have had whatever opportunity you deem necessary to investigate the Website, and the laws, rules, or regulations that may be applicable to SilentSwap transactions and that you are not relying upon any statement of law or fact made by the Company relating to the legality of these transactions.

You agree that You will not consider any information you receive from SilentSwap and/or its affiliates as investment advice, and that You do not expect to receive any investment advice from SilentSwap and its affiliates. You agree that Your use of the Website will not be deemed to create a relationship that includes the provision of or tendering of investment advice.

SilentSwap shall have no responsibility for any liabilities arising from or related to the contents of any third-party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.

To the full extent permitted by law, the Company hereby excludes all warranties of any kind, either express or implied, statutory (including, but not limited to, timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

We do not warrant that the information we provide or that is provided by wallet or blockchain providers is accurate, reliable, or correct; that the Website will meet your requirements; that the Website will be available at any time or location; that the Website will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the services are free of viruses and other harmful components. Any subject matter obtained through the Website is downloaded at your own risk – you are solely responsible for any damage to your property or loss of data that results from such download. We make no representations or warranties about the time required to complete the processing of a transaction.

To the extent permitted by law, the Company (and its officers, directors, agents, Service Providers, and employees) shall not be liable for any damages or losses resulting in any way from:

1. Information you provide while using the Website.
2. Your use of or inability to use the Website.
3. Your failure to secure your device(s) and your wallet information.
4. Interception of data or other unauthorized access to data by a third party.
5. Any modification, price change, suspension, or discontinuance of the Website.
6. Viruses or other malicious software, glitches, bugs, errors or inaccuracies resulting from access to the Website.
7. Damage to your device(s) while using the Website.
8. The behavior, actions, and inactions of other users of the Website.
9. Actions taken by the Company in response to violations of the Terms of Service, Privacy Policy, and Our other policies, as amended from time to time.
10. Any effects of changes in the Company’s operations, policies and Terms of Service on you or any business you conduct, including without limitation the need to modify your practices to comply with such changes.
11. The technical operating and transmission features of the Website, including without limitation the transfer of unencrypted content over various networks.
12. Any interactions and transactions you perform other than through the Mobile App, including without limitations any transactions involving decentralized exchanges.
13. Acts (or failures to act) of third-party hardware, software, and network service providers.
14. Your failure to comply with applicable laws and regulations.
15. Fraud, hacking or data scraping by you.

Each exclusion and limitation of our liability stated herein applies to all forms of damages or losses, whether direct, indirect, incidental, special, consequential, or exemplary, and including but not limited to, damages for loss of profits, goodwill, reputation, use, cost of procuring substitute goods or services, personal injury, diminution of value or any other intangible losses (even if the Company has been advised of the possibility of such damages).

Some jurisdictions restrict the disclaimer of warranties and/or exclusion of damages, so such disclaimers and exclusions may not apply to you.

You acknowledge and agree that we have relied on the representations, warranties, disclaimers, and limitations of liability in this agreement (which reflect a reasonable and fair allocation of risk between the parties and form an essential part of the bargain) in entering this Agreement and allowing you to access the Services, including the Website. We would be unable to provide the Services without these provisions.

SilentSwap and its affiliates, agents, officers, and employees will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if SilentSwap has been advised of the possibility of such damages.

If despite the provisions herein, the Company is found to be liable for damages to you or another party, our aggregate liability is limited to the total amount of the usage fees you paid to us during the previous thirty days.

Indemnification

You agree to indemnify and hold SilentSwap and its affiliates, agents, officers, and employees from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Website or the Services, (ii) any breach or alleged or claimed breach of the Terms or the materials it incorporates by reference, including the Privacy Policy, (iii) your violation of any law, regulation, order or other legal mandate, or the rights of a third party, and (iv) any act or omission by your agent, representative or third-party service provider, regardless of whether the specific use was expressly authorized by you.

For Adult Use

The Service is not intended for children under the age of 18 and the Company does not knowingly collect information from minors. We will close the account of any user under the age of 18 or who is otherwise not of legal age to use the Service.

Restricted Persons and Jurisdictions

You hereby represent and warrant that you have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), the U.S. Commerce Department, or the U.S. Department of State; and you will not use our Website to conduct any illegal or illicit activity.

You may not use the Website if you are a resident of any jurisdiction in which (i) SilentSwap is not authorized to provide the Website, (ii) the United States has embargoed goods or services, (iii) where your use of the Website would be illegal or otherwise violate any applicable law of such jurisdiction or of the United States ("Restricted Jurisdiction"). You hereby represent and warrant that you are not a resident of any Restricted Jurisdiction and that you will not use the Website even if our methods to prevent you from using the Website are not effective or can be bypassed. We may implement controls to restrict access to the Website from any Restricted Jurisdiction.

Transfer and Processing of Data

By accessing or using our Website, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Fair Practices

You agree not to: (i) make any representations, warranties or guarantees on SilentSwap’s behalf or with respect to the Website, or any content or data contained on the Website; (ii) make any false or misleading representations with regard to the Company, or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of, or with respect to the Website and the Services.

Assignment

You may not assign, delegate, sub-contract or otherwise transfer your rights or obligations under the Terms. SilentSwap may transfer, assign, delegate, sub-contract or otherwise transfer its rights and obligations under the Terms without notifying you or obtaining your consent.

Disputes and Arbitration Procedures

Notwithstanding the provisions above, any claim or dispute arising between you and SilentSwap that relates in any way to this Agreement, your use of or access to the Website, actions by SilentSwap or its agents, or any transaction through the Website, will be resolved exclusively through final and binding arbitration, rather than in court. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.

As an alternative, you may file a claim in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

Equitable Remedies: Notwithstanding the foregoing, SilentSwap may seek and obtain injunctive relief in any court of competent jurisdiction.

Prohibition of Class and Representative Actions and Jury Trials

YOU AND SILENTSWAP MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR OTHER REPRESENTATIVE STATUS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS OR PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF FOR THAT PARTY’S INDIVIDUAL CLAIMS. YOU EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL.

Arbitration Procedure

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its existence, validity, or termination, shall be resolved by binding arbitration under the London Court of International Arbitration (LCIA) Rules, which are hereby incorporated by reference. The arbitration shall be conducted under the Laws of St. Lucia in the English language. A single arbitrator shall be appointed by mutual agreement or, failing that, by the LCIA.

A party who intends to seek arbitration must first send to the other a Notice of Dispute (“Notice”) describing the nature and basis of the claims the party is asserting and the relief sought. A Notice to SilentSwap must be sent by email to SilentSwap, Attn: Notice of Dispute at: legal (at) SilentSwap.com. SilentSwap will send any Notice using the contact information available to us, or if we do not have sufficient contact information to deliver the Notice, by posting on the Website.

If You and SilentSwap are unable to resolve the claims in the Notice within 30 days after the Notice is sent, either party may initiate arbitration proceedings. The party initiating the arbitration must email a copy of the completed form to the opposing party. You may send a copy to SilentSwap at the following email address: legal (at) SilentSwap.com. SilentSwap will send any Notice to you using the contact information available to us, or if we do not have sufficient contact information to deliver the Notice, by posting on the Website.

Payment of all filing, administration and arbitrator fees will be governed by LCIA rules and procedures. Settlement offers shall not be disclosed to the arbitrator.

Any arbitration hearings shall be held in Castries, St. Lucia. If the value of the relief sought is $1,000 or less, either you or SilentSwap may elect to have the arbitration conducted by telephone or based on written submissions.

The arbitrator will decide all claims consistent with applicable law and will honor privileges recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving other users. The arbitrator's award shall be final and binding; judgment on the award may be entered in any court having jurisdiction thereof.

Opt-Out Procedure

YOU CAN REJECT THE ARBITRATION REQUIREMENT HEREIN BY EMAILING SILENTSWAP A WRITTEN NOTICE NO LATER THAN 30 DAYS AFTER THE DATE YOU USE THE WEBSITE FOR THE FIRST TIME.

The Notice must include your name, street address, city, state and zip code. You must email the Opt-Out notice to: legal (at) silentswap.com. This is the only way to opt out of arbitration; the rest of this Agreement will continue to apply. Opting out of arbitration as provided in this version of the Agreement has no effect on any other or future arbitration agreements you may have with SilentSwap.

General Terms

If the arbitration provisions above are found not to apply to your claim, the courts located in St. Lucia will have exclusive jurisdiction, and you agree to submit to the personal jurisdiction of these courts. In that event, You and we each waive any objection to venue in the St. Lucia courts and agree not to plead or claim in any of these courts that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the courts.

The Terms and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Terms, the Website or the Content, the negotiation, interpretation, validity or performance of the Terms, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of St. Lucia without regard to its rules or principles of conflict of laws or any rules that would permit or require the application of the laws of any other jurisdiction.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the Services, this Agreement, or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

All rights in the Website not otherwise expressly granted to you by the Terms are reserved to SilentSwap. The Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and us with respect to the subject matter hereof and supersedes all other prior or contemporaneous negotiations, discussions, agreements, understandings, representations and warranties, both written and oral, between you and us with respect to such subject matter. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SilentSwap as a result of the Terms or any use of the Website. The failure of SilentSwap to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, the Parties agree that the court should give effect to the Parties’ intentions as reflected in such provision, and the other provisions of the Terms shall remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and SilentSwap, nor trade practice, shall act to modify any provision of the Terms. For purposes of the Terms, the terms include, includes, including, such as, and for example, shall be construed as if each term were followed by the words, without limitation. Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.

Questions or Comments; Our Contact Information

If there are any questions regarding our Terms of Service, you may contact us at the following email address: shibtoshi@silentswap.com.