TrūSwap+ Terms of Use Version 1.0
Last revised on May 13, 2023
Please review these Terms of Use (the “TrūSwap+ Terms”) carefully, as they set forth legally binding terms and conditions that govern your use of the Swapping Smart Contracts (the “Smart Contracts”) published at Github at
https://github.com/truswap/swapping-smart-contracts
and which have been deployed (including related trademarks, and other intellectual property (together, and with the Website, the “TrūSwap+™ Services”) whether such use is via the website located at https://truswap.plus/ (the “Website”) or command line (“Direct Access”). By accessing or using the TrūSwap+ Services, you (“you” or the “User”) agree to these TrūSwap+ Terms on behalf of yourself and any entity you represent, and you represent and warrant that you have the right and authority to do so. You further represent and warrant that are fully able and competent to enter into, and abide by and comply with, the TrūSwap+ Terms. By accessing or using the TrūSwap+ website and smart contracts "Services" and to the extent you are (a) an individual, you represent that you are of the legal age of majority in your jurisdiction as may be required to access and use the TrūSwap+ Services; and (b) a body corporate, you represent that you duly incorporated and in good standing in your jurisdiction of incorporation.
The TrūSwap+ Website and the Smart Contracts are copyrighted works belonging to TrūQoin Mining Co-operative, a private member association formed under the laws of the
Seychelles Islands, Republic of Seychelles. (“TrūSwap+,” “us,” “our,” and “we”). If you submit information, including personal information, through or in connection with the TrūSwap+ Services, it will be governed by the privacy policy, as updated from time to time, and available
http://files.truswap.pluse/privacy.pdf
(the “Privacy Policy”). You will be prompted to accept the Privacy Policy and these TrūSwap+ Terms before connecting a wallet to access and use the TrūSwap+ Services.
1. The TrūSwap+ Swapping Service
The Website is a user interface designed to provide convenient access to software comprised of a set of smart contracts deployed to the TRON public blockchain that allow for the creation of swaps of TrūQoin™ for other Digital Tokens that are paired on a selected Pair Table (Table) – These Smart Contracts are also accessible by direct access on the TRON blockchain at
https://tronscan.io.
TrūQoin, TRON, and other Digital Tokens ("Tokens") can be given (Gives) to a supply a Table contained in the smart contract ecosystem on a fully permissionless basis by anyone (Giver), and anyone that receives/takes (Gets), may access this supply by swapping Digital Tokens from a Swap Table. TrūSwap+ developed Swapping Technology ("Technology") and deployed (“Deployment”) the Smart Contracts that can be used to create and operate swaps, but TrūSwap+ does not and will not create or operate any swaps itself and does not and will not itself have the authority to modify or update the Smart Contracts. Because the Smart Contracts are, on Deployment, deployed on a public blockchain, they may also be accessible now or in the future through other TRON-based smart contract decentralized applications (“Dapps”). On Deployment, the TRON address associated with the Smart Contracts holds no Digital Tokens. The Website and related technology allows a user to read and display data associated with an TRON blockchain address for which that user controls the associated private key and to interact with the Smart Contracts by generating standardized transaction messages in order to engage in swap transactions by accessing the swaps created using the Smart Contracts or to create or provide supply to such swaps. With the necessary technical expertise, it is possible to generate transaction messages to interact with the Smart Contracts via Direct Access directly without use of the Website, and there is no prohibition herein, or separate license required or fee payable to Swapping Technology, for doing so.
1.1 TrūQoin Give Factors.
Anyone can Give/Provide their TrūQoin to the Table for Swapping at the rate ("Give Rate") they wish to set, although the rate may be restricted by algorithms designed to maintain Token stability. The TrūQoin Given maybe removed from a Table if the rate is outside a designated range of the evaluated rate, and also place on the Table again if the rate is within the evaluated rate. Only one Give of TrūQoin at one Give Rate can be placed on the Table at a time by a Giver. The Give can be canceled at any time by the Giver and a new Give and a new Give Rate can be created for the Table. No Mining Activity TrūPoints™ are obtained at the time the TrūQoin is placed on the Table. The TrūPoints are only distributed to the Giver when someone ("Taker") Gets TrūQoin from the Table.
The Smart Contracts may also place limits on the available range for certain Token pairs, but it will not control the Gives set by Givers.
1.2 Swapping Fees.
There are two categories of fees can occur, both of which can be reduced to zero fees.
(i.) TRON Blockchain and Smart Contract Fees.
The TRON Blockchain fees are for Bandwidth and Energy usage. TRON used an Proof of Stake consensus model, which provides a user the ability to stake TRON (TRX) to both Energy and Bandwidth separately. With sufficient staked amounts of TRON, the use of the Blockchain and Smart Contract can be completely covered with zero fees for a Swap. The Blockchain and Smart Contracts access fees can change from time to time based on blockchain usage and staking conditions. The fee applicable to any particular transaction will be determined at the time of the transaction. Users who access the Smart Contracts through the Website will see the fee for each transaction displayed prior to confirmation of the swap transaction.
(ii.) Table Swapping Fees.
The Taker of TrūQoin from the Table is responsible for the Table Swapping Fees and this website fee that is determined based on the standing/status of the Taker with TrūSwap+. The Table Swapping Fees range from zero percent (0%) to two and a half percent (2.5%) the of swapped Token. The Table Swapping Fees is shown to each individul as the "Transaction Fee" in the upper right corner of the website and in the Get section where the swap is completed.
Example Status Table Swapping Fees
FEE STATUS
2.5% Guests
2.0% Miner
0.0% Q Club Member
1.5% Q Club Alumni
1.5% Swapper 1st Block
1.0% Swapper 2nd Block
0.8% Swapper 3rd Block
0.5% Swapper 4rd Block
Table Swapping fees are programmatically adjusted by the Smart Contracts.
1.3 Connecting a Wallet.
In order to access the Smart Contracts and engage in swap transactions or begin providing supply or create a new supply Table.
i. Only the TronLink Wallet is Approved.
In order to access the Smart Contracts to engage in transactions using the Website or Direct Access, a User must first connect a TronLink wallet (“Wallet”) to the Smart Contracts.
ii. Warning! Do Not Use Other Wallets.
Users of the Website can connect any other Tron compatible wallets but they are not tested and may result in the loss of any or all Token and or TrūQoin.
iii. TrūSwap+ Balance
Once a TronLink wallet is connected to the website, you will need to move TrūQoin, TRON, or any Token you wish to contribute to the Smart Contract Pool to do Swaps. You can add a deposit, withdraw, or transfer TrūQoin, TRON, or any other supported Tokens.
1.4 Governance.
The Website but not the Direct Access nor Smart Contracts is overseen by TrūQoin Mining Co-operative through the Swapping Technology, and may modify or discontinue support for the Website at any time without prior notice, in its sole discretion. The Smart Contracts will not be maintained or modifiable by TrūSwap+ but will instead be maintained and modified in accordance with a decentralized governance protocol implemented by the TrūQoin Mining Co-Operative. TrūQoin Mining Co-Operative may update or alter the Smart Contracts from time to time in order to add new features and functionality, in response to forks, chain migrations, or other changes to the underlying TRON blockchain, in order to address security incidents or vulnerabilities, or as otherwise determined by the TrūQoin Mining Co-Operative. For more information regarding the TrūQoin Mining Co-Operative, please see the TrūQoin Mining Co-Operative documentation available at
https://truqoin.info.
1.5 Transaction Fees.
A transaction fee may be charged for each transaction executed through the Smart Contracts. The fees may be modified by the TrūSwap+, in its sole discretion, and will be a payable in either the source Digital Tokens or the destination Digital Tokens at the discretion of the TrūSwap+. TrūSwap+ will publish a fee schedule (with such modifications, if any, as determined by TrūSwap+) accessible on the Website. The transaction fee for a specific transaction will be displayed to Users of the Website during the initiation of a transaction and must be accepted by the User before executing such a transaction. The User hereby consents to such fees being debited from either or a combination of both of their source Digital Tokens or destination Digital Tokens at the time the transaction is processed. Users accessing and using the Smart Contracts via Direct Access will also see a similar fee schedule. Transaction fee is unable at the moment and will be updated by TrūSwap+.
1.6 License.
You are hereby granted a non-exclusive, non-transferable, revocable, limited license to electronically access and use the Website in the manner described in this Agreement. You do not have the right to sublicense the Website. We may revoke or terminate this license at any time if you use, or attempt to use, the Website in a manner prohibited by this Agreement, or if this Agreement is terminated pursuant to Section 6 herein.
The Smart Contracts are open-source software accessible pursuant to the MIT License referred to below and are not subject to the limited license described above. For more information regarding the MIT License applicable to the Smart Contracts (the “MIT License”), please refer to the protocol documentation
https://github.com/truswap/swap-smart-contracts.
2. Swap Participants
2.1 Table Creators ("Givers").
Table Creators ("Givers") are able to use the website and Smart Contracts to create customized swaps containing their TrūQoin and TRON or other Digital Tokens pairs and add these pairs to the Table Supply to swap. These pairs allow for swapping by third parties (“Takers”) from the Table. Givers will be able to set the desired rate for their TrūQoin on the Table. The Table Swapping Fee will be determined programmatically by the Smart Contracts when the Taker Status is established. Once these variables have been determined and the smart contract for the Available Swap Table has been launched, Giver's supply TrūQoin to the supply Table in order to begin providing supply. Givers will set the rate of their TrūQoin to Available Swaps for Digital Tokens on the supply Table.
When a Table Creator adds the initial Digital Tokens to a supply Table, the Table Creator will receive Table Tokens that are swapped and sent, programmatically, by the smart contract for the supply Table to the address designated by the Table Creator. Table tokens can be sent back to the smart contract for the supply Table at any time and the sending address will receive an amount of the Digital Tokens on the supply Table proportionate to the amount of Table tokens sent relative to all Table tokens for that supply Table then outstanding.
2.2 Giver's Table Supply.
Givers can increase their available supply to create their Table Pairs by sending TrūQoin, TRON, or other relevant Digital Tokens from their TronLink Wallet to their TrūSwap+ available Supply. The smart contract holds this balance ready for the Giver to create a Supply Table in any proportion and rate for the Digital Tokens in the Giver's Supply at that time.
2.3 Takers.
Takers can execute token swaps involving the TrūQoin for Digital Tokens in swaps, allowing them to swap an amount of one Digital Tokens for an amount of TrūQoin. Takers accomplish this by specifying which Available Supply Table created by a Giver they choose, and by inputing the amount of TrūQoin, to swap for, and the amount of TRON or Digital Tokens is determined programmatically by the Smart Contracts based on the Givers implied rate set for the selected Supply Table.
2.3.1 Swap Activity TrūPoints
Anyone that has joined TrūQoin Mining Cooperative will receive Activity TrūPoints to increase their mining power through the activity of swapping on TruSwap+ website. Guests that have not joined as a Miner or Swapper will be able to swap but will not receive any points, neither as a Giver or Taker, but if the other swap participant, either as a Giver or Taker is a miner or swapper, they will receive TrūPoints.
2.3.2 Swap TrūPoints
The activity for the Giver and Taker generates an equal amount of Swap TrūPoints for both. The formula for the Swap TrūPoint is Token Received is (Number of TRON X SwapMulti), where the SwapMulti can change for the website from time to time and applies to all swaps completed by any Taker.
2.4 Swapper Program
Any Miner can join the Swapper Program. The Swapper Program is for those that want to contribute to the value of TrūQoin by building swapping table with large groups of people that they will provide TrūQoin to and receive addition TrūQoin through enhanced TruPoints multipliers "Multi(s)" applied to their received Catches as well as from TruPoints Matching for 2 tiers of Swappers that joined them.
2.4.1 iDevAffiliate
An industry leading affiliate software package is used to distribute TrūPoints to the Swapper and those Swappers in his team. Note: The term "Commission" used in iDevAffiliate is a term of art only and does not imply a commission on a sale. TrūPoints have no monetary value and only contribute to a miner's Mining Power of TruQoin. The Swappers team consists of those that the Swapper directly join the Swapper tier one and will receive 100% Matching TrūPoints and those Swappers that joined the Swappers tier one, and then occupy the Swapper's tier two, which provides 50% Matching TrūPoints for all Catches taken.
2.4.2 Swapper Catches
A Swapper Catch is a set of TrūQoin received for an amount of TRON.
The supply of TrūQoin used for Catches is limited to mined TrūQoin from a block from the DEX opperations side of the TrūQoin mining process.
As long as there is available supply of TrūQoin, at any one time their will be one or more Catches available to be selected. Each available Catch has a Amount and a Level. The Amount indicates an amount of TRON required to Get that Catch. The Level indicate the number of the Catch in a list in which as the Level increases the Amount also increases.
The typically amounts of 1000, 3000, 5000, 10000 can be listed. There can be any number of levels of Catches. These Levels and Amounts and how many are made available for a Swapper to Catch can change at any time. Some Catches are one time promotions such as the First Get promotion that is only available at Swapper Sign Up for 100 TRON. Others promotional catches may be listed for events and run for a periode of time..
2.4.3 Swapper Catch Points
Swappers, have exclusive access to TrūQoin Catches and will receive additional TrūPoints for the current TrūQoin mining block. The Swapper benefits exponentially grow your TrūPoints from several Multipliers "Multi's".
The reward for consistent Swapper Activity is an exponentially growing percentage of the curent mining block of TrūQoin. Only Swappers can Get Catches of TrūQoin. Swapper Multipliers "Multi's" are applied to Swapper Activities of getting Catches. All Multi's are applied to the amount of TRON in the selected Catch.
Each Catch has a SizeMulti that can be any number determined by a number of TRON required to Get that Catch.
There are 3 Multi's that Increase your Catch TrūPoints.
i.) CatchMulti -
Increases by 1 for each Catch obtained in a Mining Block. Including if the First Catch Sign Up is Taken the Catch Multi is 1. When the next Catch is Taken the CatchMulti will then be 2, and the CatchMulti will continue to increase until the mining of the current Block is complete and the CatchMulti will reset to zero and will increase to one when the next Catch is Taken.
ii.) BlockMulti -
Increases by 1 for each consecutive Block a Catch is obtained.
When the first Catch is Taken the BlockMulti will increase to 1, and will only increase to 2 if a Catch is Taken is the following Block. The BlockMulti will continue to increase by 1 as long as a Catch is Taken. If a Catch is not Taken is the follow Block then the Block Multi is reset to 0 and increases to 1 after a Catch is Taken.
iii.) SizeMulti -
When a Catch is selected, the Level of the Catch determines the SizeMulti. Each Level has a different SizeMulti and these Size Multis can be any number and different or the same for whichever Level that that SizeMulti is listed on. Typically the SizeMulti will increase with the Amount, but promotional SizeMultis can be listed that would make every level the same SizeMulti, or one of the listed may higher for a period of time.
2.4.4 SunSwap
SunSwap is a TRON-based decentralized trading protocol for automated liquidity provision and an open swapping system accessible to all. SunSwap supports secure and immediate exchange between any TRC20 tokens. TruSwap+ does not have any control as to what happens on SunSwap other than the creation and maintaining a liquidity pool for TruQoin. The link and SunSwap price that appears on the TruSwap+ website is for the convenience of our users. The SunSwap price for TruQoin is also used to have a 24 hour rolling average and is hourly updated to determine the rate TruQoin Catches Taken by Swappers.
3. Representations & Warranties
You make the following representations and warranties regarding your use of the TrūSwap+ Services:
3.1 You represent and warrant that you are legally permitted to use the TrūSwap+ Services in your jurisdiction, including that you are legally permitted to own the Digital Tokens and interact with the TrūSwap+ Services you use. You further represent and warrant you are responsible for ensuring compliance with the laws of your jurisdiction in connection with your use of the TrūSwap+ Services and acknowledge that TrūSwap+ is not liable for your compliance or non-compliance with any such laws.
3.2 You represent and warrant that agreeing to the TrūSwap+ Terms and your use of the TrūSwap+ Services does not constitute, and that you do not expect it to result in, a breach, default, or violation of any applicable law or any contract or agreement to which you are a party or are otherwise bound.
3.3 You represent and warrant that you are not a person, entity controlled by a person, or entity identified on, or controlling a blockchain address identified on, a list of persons or blockchain addresses that have been specially designated, considered parties of concern, or blocked that is established and maintained by the United Nations, the European Union, or the Office of Foreign Token Control of the United States Treasury Department.
3.4 You represent and warrant that you are not a resident of, or located in, or accessing and using the TrūSwap+ Services from any of the countries that are designated as high risk by the Financial Action Task Force, that are subject to embargos or sanctions implemented by the United Nations, Singapore, the European Union, or the Office of Foreign Token Control of the United States Treasury Department, or are included on a list of jurisdictions not permitted to use the Swapping Technology as determined by TrūSwap+ Services (each, a “Prohibited Jurisdiction”).
3.5 You represent and warrant that you will not, and will not attempt to, authorize anyone other than you to access any supply Table available through the TrūSwap+ Services using a Wallet owned by you or a blockchain address for which you control the private keys or otherwise engage in Prohibited Use (as defined below) of the Wallet.
3.6 You represent and warrant that you will not disrupt, interfere with, or otherwise adversely affect the normal flow of the TrūSwap+ Services or otherwise act in a manner that may negatively affect other users' experience when using the TrūSwap+ Services. This includes taking advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of the TrūSwap+ Services.
3.7 You represent and warrant that you are sophisticated in using and evaluating blockchain technologies and related blockchain-based Digital Tokens, including the TRON network, smart contract systems, TRC-20 tokens, automated market making protocols, and automated lending protocols. Specifically, you represent and warrant that you have evaluated and understand the operation of the TrūSwap+ Services and the swaps using the Smart Contracts and have not relied on any information, statement, representation, or warranty, express or implied, made by or on behalf of TrūSwap+ with respect to the TrūSwap+ Services and associated swaps.
3.8 All of the above representations and warranties are true, complete, accurate and not misleading from the time of your acceptance of the TrūSwap+ Terms and are deemed repeated each time you use the TrūSwap+ Services.
4. Prohibited Use
Users of the TrūSwap+ Services may not, directly or indirectly, engage in any of the following activities in connection with their use of the TrūSwap+ Services (“Prohibited Uses”):
4.1 A violation of any law, rule, or regulation of any jurisdiction that is applicable to the User;
4.2 Violations or breaches of the terms of these TrūSwap+ Terms or any other document from time to time governing the use of the TrūSwap+ Services;
4.3 Permit others to access the TrūSwap+ Services through your wallet or a blockchain address you control or otherwise engage in transactions using the TrūSwap+ Services for any person other than the Wallet owner;
4.4 Perform, or attempt to perform, any actions that would interfere with the normal operation of the TrūSwap+ Services or affect the use of the Services by other users;
4.5 Engage in, or knowingly facilitate, any fraudulent, deceptive, or manipulative transaction activity in any Digital Tokens using the TrūSwap+ Services, including by engaging or participating in “front-running”, “wash swapping”, “pump and dump schemes”, or similar activities;
4.6 Engage in, or knowingly facilitate, any money laundering, terrorist financing, or other illegal activities;
4.7 Access or attempt to access non-public Swapping Technology systems, programs, data, or services;
4.8 Copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the TrūSwap+ Services except as expressly permitted by applicable laws; and
4.9 Reverse engineer or attempt to reverse engineer the TrūSwap+ Services except as expressly permitted by applicable law.
5. Waivers
5.1 You agree and acknowledge that TrūSwap+ and its Affiliates shall not be liable for any direct, indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with your use of the TrūSwap+ Services. For purposes of the TrūSwap+ Terms, “Affiliates” means the owners, directors, officers employees, advisors, miners, team members, agents of TrūSwap+ or companies in which TrūSwap+ has an interest, or any associated companies (TrūIQ Global LLC).
5.1.1 You agree acknowledge that mentions the term Affiliates in regards to TrūSwap+ software that is used in Affiliate Marketing software that is used on the website is considered for the use in the website a term of art as the software is used for dispensing TrūPoints, and the use of the word commission does not provide any monetary value.
5.2 You undertake not to initiate or participate, and waive the right to participate in, any class action lawsuit or a class wide arbitration against TrūSwap+ and/or its Affiliates.
5.3 By accepting the TrūSwap+ Terms, you waive all rights, claims and/or causes of action (present or future) under law (including any tortious claims) or contract against TrūSwap+ and/or its Affiliates in connection with your use of the TrūSwap+ Services.
6. Termination These TrūSwap+ Terms will remain in full force and effect for so long as you use the TrūSwap+ Services. We may suspend or terminate your rights to use the TrūSwap+ Services at any time for any reason at our sole discretion without prior notice, including for any use of the TrūSwap+ Services in violation of these TrūSwap+ Terms. Upon termination of your rights under these TrūSwap+ Terms, your right to access and use the TrūSwap+ Services will terminate immediately. TrūSwap+ will not have any liability whatsoever to you for any termination of your rights under these TrūSwap+ Terms, including for deleting your account or blacklisting any network address you provide to us. Even after your rights under these TrūSwap+ Terms are terminated, Sections 7 and 8 of these TrūSwap+ Terms will remain in effect.
If Any remaining balance you maintained will remain available for you to withdraw to your TronLink wallet.
7. Disclaimers and Limitation of Liability
7.1 Disclaimer.
THE TrūSwap+ Services are provided on an “as-is” and “as available” basis, and TrūSwap+ expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Trūswap+ Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Swap services, all such warranties are limited in duration to ninety (90) days from the date of first use. TrūSwap+ does not endorse any third party and shall not be responsible in any way for any transactions you enter into with any other third party. You agree that TrūSwap+ will not be liable for any loss or damages of any sort incurred as the result of any interactions between you and any third party.
7.2 limitation of liability.
Some jurisdictions do not allow the exclusion or limitation of liability, including limitation of liability for consequential or incidental damages, so the following limitation may not apply to you and you may have additional rights. To the maximum extent permitted by law, in no event shall TrūSwap+ be liable to you or any third party for any lost profits, lost data, or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of your use of the trūswap+ services, even if TrūSwap+ has been advised of the possibility of such damages. Access to, and use of, the trūswap+ services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. TrūSwap+ shall not be liable for any loss or damage arising out of your failure to keep your private keys or login credentials to your wallet secure or any other unauthorized access to or transactions involving your wallet. To the maximum extent permitted by applicable law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of the amount of transaction fees paid by you in connection with your use of the TrūSwap+ services during the preceding twelve (12) months. The existence of more than one claim will not enlarge this limit.
7.3 Indemnification.
You agree to indemnify and hold TrūSwap+ and its Affiliates harmless, including costs and attorneys’ fees, from any loss, claim or demand made due to or arising out of:
(i) your use of the TrūSwap+ Services;
(ii) your violation of these TrūSwap+ Terms;
(iii) or your violation of applicable laws or regulations. TrūSwap+ or the relevant indemnified party reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to provide indemnification, and you agree to cooperate in the defense of these claims. You agree not to settle any matter without the prior written consent of the relevant indemnified party or parties. TrūSwap+ will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7.4 Taxes.
You are solely responsible for determining the tax implications and tax reporting requirements associated with transactions you engage in involving the TrūSwap+ Services, and for paying any applicable taxes in each applicable jurisdiction. TrūSwap+ is not responsible for determining whether there are tax implications in connection with transactions involving the TrūSwap+ Services, for reporting any such transactions, or for paying any applicable taxes.
7.5 Potential Risks Associated with Use of the Website and Smart Contracts.
7.5.1. Like all software, the Website and the Smart Contracts may be subject to exploits. We are not responsible for exploits that are not reasonably foreseeable. While we have taken a number of precautions to ensure the security of the Website and the Smart Contracts, the technology is relatively new and it is not possible to guarantee that the code is completely free from bugs or errors. Users accept all risks that arise from using the Website and the Smart Contracts, including, and not limited to, the risk of any funds being lost due to a failure or exploit of the Website or the Smart Contracts.
7.5.2. You are solely responsible for securing the private keys associated with any wallet or blockchain address you may use when accessing the TrūSwap+ Services. You understand that anyone who obtains your private keys and access to your device may access your wallet or a blockchain address controlled with those private keys with or without your authorization and may transfer any Digital Tokens accessible through your wallet.
7.5.3. The value of any Digital Tokens, where value is attached to such an Token, may fluctuate. We make no guarantees as to the rate or value of any Digital Tokens on any secondary market, including the swaps accessible using the TrūSwap+ Services. Some Digital Tokens values are more volatile than others and rates associated with Digital Tokens pairs including more volatile Digital Tokens values are more likely to experience significant fluctuations.
7.5.4. Swaps using the Smart Contracts may employ a rate range algorithms designed to reduce impermanent loss and increase rate efficiency. Accordingly, there is a risk of inactivity in these types of swaps if the rates associated with the Digital Tokens that make up the supply Table fall outside the minimum and maximum prices supported. Givers, Giver's Supply, and Givers should determine for themselves whether an rate range algorithm is being used to establish a dynamic pricing curve, and, if so, what the minimum and maximum prices are.
7.5.5. The following risks are associated with blockchain-based Digital Tokens that may be supplied to, and available from, swaps using the TrūSwap+ Services: the risk of losing private keys, theft resulting from third parties discovering your private key, value fluctuation of Digital Tokens on the secondary market, disruptions to the TRON blockchain caused by network congestion, lack of usability of, or loss of value with respect to, Digital Tokens due to a hard fork or other disruption to the TRON blockchain, or errors or vulnerabilities in the smart contract code associated with a given Digital Tokens or transactions involving Digital Tokens. Transfers on the TRON blockchain are irreversible. Once an instruction, signed by the required private key(s), to transfer a Digital Tokens from one blockchain address to another has been executed, it cannot be undone.
7.5.6. Support for the Website or Smart Contracts may be modified or discontinued at any time. We reserve the right, at any time, in our sole discretion, without prior notice, to modify the Website. The Smart Contracts may be modified only in accordance with the governance protocol as implemented by the TrūQoin Mining Co-Operative.
7.5.7. In the event of a change to an underlying blockchain network, or other network disruption, resulting in a fork of the existing blockchain into one (or more) additional blockchains, the TrūSwap+ Services may not support activity related to any new Digital Tokens created as a result of the fork. In addition, in the event of a fork, transactions on the network may be disrupted, including transactions involving the Smart Contracts.
7.5.8. The TRON blockchain network charges a fee for engaging in a transaction on the network. Those network transaction fees fluctuate over time depending on a variety of factors. You are solely responsible for paying network transaction fees associated with transactions you engage in on the TRON blockchain network using the TrūSwap+ Services. You are also solely responsible for any other third-party fees that may be incurred in connection with your use of the TrūSwap+ Services.
7.6 Whitelist Tokens.
Please be advised that whitelisting a token on TrūSwap+ is solely intended to enhance the user experience, and should not be considered an endorsement of the token or its project team. It is also important to note that the presence of a token's supply on TrūSwap+ does not indicate any endorsement of the token or project team, as the protocol operates on a permissionless basis.
8. Dispute Resolution
Subject always to Clause 5 of these TrūSwap+ Terms, any claim, suit, or dispute arising out of or in connection with these TrūSwap+ Terms, including any question regarding its existence, validity or termination, shall be referred to and finally be resolved by arbitration in accordance with the International Chamber of Commerce Dispute Resolute and Arbitration Rules, before a panel of three (3) arbitrators. Each of the Parties hereby has the right to appoint an arbitrator, and the two (2) appointed arbitrators shall select the third arbitrator. The panel shall reach its decisions by a vote of a majority. Any claim shall be brought individually on behalf of the person or entity seeking relief, not on behalf of a class or other persons or entities not participating in the arbitration and shall not be consolidated with the claim of any person who is not asserting a claim arising under or relating to this contract. The seat of arbitration shall be the
ICC Philippines, Suite 604-605, CLMC Building, 259 EDSA Greenhills, Mandaluyong City, MM 1554 Philippines
and the language of any arbitration shall be English. Judgment on any award rendered by the arbitrators may be entered by any court of competent jurisdiction.
9. Electronic Communications The communications between you and TrūSwap+ use electronic means, either through the Website, or electronic mail, or whether TrūSwap+ communicates by posting notices on the Website, or communicates with you via email. For contractual purposes, you:
(i) hereby consent to receive communications from TrūSwap+ in any electronic form; and
(ii) hereby agree that all terms and conditions, agreements, notices, disclosures, and other communications that TrūSwap+ provides to you electronically satisfy any legal requirement that would also be satisfied if such communications were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights under any applicable law.
10. Governing Law and Jurisdiction
10.1 These TrūSwap+ Terms of Use and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Seychelles. You agree that the courts of the Republic of Seychelles shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these TrūSwap+ Terms of Use, including to enforce the agreement to arbitrate as provided in Section 8.
10.2 The TrūSwap+ Services may not be appropriate or available for use in some jurisdictions. TrūSwap+ and its affiliates and partners do not represent or warrant that the TrūSwap+ Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the Republic of Seychelles. In choosing to access the TrūSwap+ Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable local laws, rules and regulations.
11. General
11.1 Entire Terms.
These TrūSwap+ Terms constitute the entire agreement between you and us regarding the use of the Swap Services. The section titles in these TrūSwap+ Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”
11.2 Severability.
If any provision of these TrūSwap+ Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these TrūSwap+ Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
11.3 Relationship of the Parties.
Nothing contained in this Agreement will be deemed to be construed by the Parties or any third party as creating a partnership, an agency relationship or joint venture between the Parties or any of their respective employees, representatives, or agents.
11.4 Assignment.
These TrūSwap+ Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TrūSwap+’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. TrūSwap+ may freely assign these TrūSwap+ Terms. The terms and conditions set forth in these TrūSwap+ Terms shall be binding upon assignees.
11.5 Changes.
Unless otherwise required by applicable laws, these TrūSwap+ Terms are subject to occasional revision. If we make any substantial changes, you will be notified of those changes and accept the updated TrūSwap+ Terms when you next use the TrūSwap+ Services. These changes will be effective upon your acceptance of the updated TrūSwap+ Terms. In addition, continued use of the TrūSwap+ Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.6 Waiver.
A waiver by TrūSwap+ of any right or remedy under these TrūSwap+ Terms shall only be effective if it is in writing, executed by a duly authorized representative of TrūSwap+ and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these TrūSwap+ Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
TrūSwap+™ is committed to protecting and respecting your privacy, managing your personal data transparently and in a fair and lawful manner. This policy is adapted from EU Regulation 2016/679 which provides guidance on the personal information processing rules within the context of General Data Protection Regulation (GDPR).
This policy (together with our terms of use and any other documents referred to herein) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our practices in processing your data, as well as your rights regarding your personal data and how we will
treat it. By visiting our TrūSwap+™ website (“Website”) and submitting data to us, you are accepting and consenting to use of your personal data as described in this policy. Please refrain from accessing the Website if you disagree with the terms of this Privacy Policy.
We may change our privacy policy from time to time. Any changes we may make to our Privacy Policy in the future will be posted on this page and any such changes will become
effective upon posting of the revised Privacy Policy. Please check back frequently to see any updates or changes to our privacy policy. If we make any material or substantial changes to this Privacy Policy, we will inform you by email.
For the avoidance of doubt, this Privacy Policy forms a part of the terms and conditions governing your relationship with us and should be read in conjunction with the TrūSwap+™ Technology relevant terms and conditions.
1. Your Personal Data
We may collect and process personal data provided directly by you; we also process, insofar as necessary, personal data provided to us by third parties, including publicly accessible
data, personal data legitimately provided by other group companies and personal data provided by other trusted third parties. You are responsible to provide us with personal data
that is correct and inform us of any changes occurring in your data in writing, so that we may take all reasonable measures to keep our records in your regard correct and up to date. You
have the choice, at any time, not to provide your personal data to TrūSwap+™; however, do note that failure to provide such personal data for us to process may result in TrūSwap+™
Technology being unable to continue to provide our products or services to you or pursue any contractual relationship which may be in place between us.
2. Personal Data you give us
You may give us personal data about you by filling in forms on the Website or by corresponding with us by phone, e-mail or otherwise. This includes personal data you provide when you register on the Website, use our services, or when you report a problem with the Website. Examples of such personal data you may provide to us may include (depending on the nature of your interaction with us) your name, passport or other identification number, telephone number, mailing address, email address, identification data (such as copies of your identification document or personal photograph) and financial and credit card information, and any other information relating to any individuals which you have provided us in any forms you may have submitted to us, or via other forms of
interaction with you. You may also provide us with personal data of your officers, employees, agents and customers in order for us to provide you with our products and services.
Personal data and information we collect about you With regard to each of your visits to our site we may automatically collect the following information:
(i.) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform. An IP address is a number that is automatically assigned to your computer when you signed up with an Internet Service Provider. When you visit our Website, your IP address is automatically logged in our server. We use your IP address to help diagnose problems with our server, and to administer our Website.
(ii.) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number or audio/video messaging app, used to contact our member support.
(iii.) If you contact us or we contact you using the telephone or audio/video messaging app, we may monitor or record the conversation/call for quality assurance, training and security purposes.
3. Personal data we receive from other sources
We may receive personal data about you if you use any of the other websites we operate or other services we provide. In this case, we will have informed you when we collected that
data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive
information about you from them.
4. Apart from personal data, we may collect other types of information which is not related to an individual and which is anonymous. For example, the number of website visitors and the
number of website users using a particular service. In this way, we hope to improve our Member services.
5. Processing your personal data
We collect and process your personal data, including data provided by you, data we collect about you and data provided by third parties in the following ways and upon the following
grounds:
i. for the fulfilment of contractual obligations entered into between you and us and to provide you with the information, products and services that you request from us;
ii. for the fulfilment of legal obligations and legal compliance;
iii. to notify you about changes to our service;
iv. to ensure that content from our site is presented in the most effective manner for you and for your computer;
v. to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
vi. to provide you, or permit specific third parties to provide you, with information about goods or services we feel may interest you. If you are an existing Member, we will only contact you by electronic means (e-mail or SMS or others) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you, subject to your consent. If you are a new Member, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means
only subject to your consent.
vii. If you do not want us to use your data in this way, or to pass your details on to specific
third parties for marketing purposes, you have to the right to withdraw your consent at any time by writing to our Data Protection Team Member. Withdrawal of consent does not affect the legality of data processed prior to such withdrawal.
viii. to safeguard legitimate company interests which require processing beyond the fulfilment of contractual obligations such as:
(*) processing of personal data for the purposes of our daily operations including billing and debt collecting;
(*) processing of personal data for market research, statistical purposes and service and product development;
(*) processing of your data for the protection of the company’s legal position in the event of legal proceedings;
(*) processing for the purposes of ensuring network and information security, including preventing unauthorised access to electronic communications networks and stopping damage to computer and electronic communication systems;
(*) processing for the purpose of reporting possible criminal acts or threats to public security to competent authorities;
(*) to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
(*) to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
(*) to allow you to participate in interactive features of our service, when you choose to do so;
(*) as part of our efforts to keep our site safe and secure;
(*) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
(*) to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them;
(*) for accurately carrying out and confirming your instructions, for training purposes and/or in order to improve the quality of our Member services. Such data shall include calls, email communication and online chats.
You shall have the right to object to any of the above-mentioned legitimate company interests as a basis for the processing of personal data by contacting our Data Protection Team Member. If you submit an objection, we will no longer process your personal data unless we can give evidence of mandatory or legitimate reasons for processing, or processing serves the enforcement, exercise, or defence of our company’s legitimate interests.
6. Disclosure of your personal data
For the Anti-Money Laundering and Counter-Financing Terrorist purposes, TrūSwap+™ may forward your data to trusted third parties to be verified and processed. Your personal data may also be provided to trusted third-party processors for the Member care and client communication services, credit reference, fraud prevention, business scoring, credit scoring, placing of monetary deposits, transfer of payments, debt collection and recovery. Such processing shall be conducted in compliance with all legal requirements as well as our Privacy Policy and strict retention policies and codes of conduct. We will ensure that all companies to which we disclose your personal data will only process it in accordance with our instructions and on our behalf, and that they shall only use such data to the extent to which we ourselves are entitled.
We may share your personal data with any member of our group of companies, which means our subsidiaries and our ultimate holding company and its subsidiaries.
We may share your personal data with selected third parties including:
i. Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them;
ii. Analytics and search engine providers that assist us in the improvement and optimisation of our site;
iii. Credit reference agencies, due diligence agencies or ID verification agencies or service providers for the purpose of Anti-Money Laundering and Counter-Financing Terrorist.
We may disclose your personal data to third parties for the purpose of fulfilling legitimate company interests:
iv. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
iiv. If TrūSwap+™ or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred
assets;
iiiv. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of TrūSwap+™, our
customers, or others. This includes exchanging data with other companies and organisations for the purposes of fraud protection and credit risk reduction;
(*) For the purposes of billing, debt collecting credit rating and verification and fraud prevention;
(*) For the protection of the company’s legal position in the event of legal proceedings. We will ensure that all companies to which we disclose your personal data will only process
it in accordance with our instructions and on our behalf, and may only use such data to the extent to which we ourselves are entitled.
All such companies and third parties will further
be required by us to meet the requirements of data protection legislation and our strict privacy and retention policies to keep your data secure at all times. We may, if necessary or authorised by law, provide Member data to law enforcement
agencies, regulatory organisations, courts or other public authorities. We attempt to notify our customers about legal demands for their personal data unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe that the requests are disproportionate, vague or lack proper authority, but we do not promise to challenge every demand.
Your personal data shall not be processed for purposes other than those it was collected for; should further processing be required, you will be informed of that purpose and provided
with all necessary information. You shall have the right to object to any of the above-mentioned legitimate company
interests as a basis for the processing of personal data and to forward any queries you may have by contacting our Data Protection Team Member. If you submit an objection, we will no longer process your personal data unless we can give evidence of mandatory, legitimate reasons for processing, which outweigh your interests, rights, and freedoms, or processing serves the enforcement, exercise, or defence of interests.
Storing of data Where we store your personal data The security of your personal data is our top priority. TrūSwap+™ takes all physical, technical and organisational measures needed to safeguard personal data. We will use all reasonable efforts to protect your information in a highly secure data centre, adhering to strict computer security standards. We have put in place, privacy protection control systems designed to ensure that our customers’ information remains safe, secure and private.
Access to personal data is only limited to authorised personnel of TrūSwap+™ who are fully trained in handling your information. These authorised personnel are required to
ensure the confidentiality of your information and to respect your data protection rights at all times. Personnel who have access to your information will be subjected to disciplinary
action should they fail to observe this Privacy Policy and other guidelines, code of conduct or policies which we may issue to them from time to time.
The data that we collect from you may be transferred to, and stored at, via third parties for certain purposes. It may also be processed by staff who work for us or for one of our
suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We take all steps reasonably necessary to ensure that your data is treated securely using sufficient and appropriate safeguards and in compliance with all legal requirements as well as this Privacy Policy and our strict codes of conduct.
All personal data you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure.
Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorised access.
In line with applicable law, we shall, where lawfully obliged, notify the competent authorities and/or you in cases of personal data breach and will keep a log of any such breaches.
For how long will your data be stored?
We will process and store your personal data for as long as it is necessary in order to fulfill our contractual, regulatory and statutory obligations. We will assess and respond to requests to delete data and we shall accordingly delete data provided that the data is no longer required in order to fulfill contractual, regulatory or statutory obligations, or the fulfillment of any obligations to preserve records according to law.
We will normally retain your records for a minimum of five years to comply with legal, regulatory and contractual requirements unless there is a particular reason to hold the
records for longer; your personal data may be retained for longer periods in the event of prospective or pending debt collecting, legal or law-enforcement proceedings and until such proceedings are formally and definitively concluded.
8. Your rights
In relation to your personal data, you have the right to:
- access to your personal data;
- the rectification of your personal data;
- restrict processing;
- object to processing;
- data portability;
- request erasure of your personal data.
You shall also have the right to ask us not to process your personal data for marketing purposes. We will seek your explicit consent (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking
certain boxes on the forms we use to collect your data. You can also withdraw your consent by contacting our Data Protection Team Member.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any
personal data to these websites.
8. Access to Data
You have the right to request, free of charge, access to and a copy of your personal data as processed by us.
9. Automatic Decision Making
In establishing and carrying out our business relationship, we generally do not make use of fully automated decision making. If we use this procedure in individual cases, we shall inform
you of this separately, provided it is a legal requirement.
10. Contact
Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to our Data Protection Team Member.
Please read the terms set out herein carefully. Notwithstanding any other provision in these terms, to the fullest extent permitted by law, each TrūSwap+ Swapper, hereafter referred to as "Swapper" (including the members of the TrūQoin Mining Cooperative (as defined herein)) hereby expressly disclaim all representations, conditions and warranties of any kind, whether express, implied or otherwise and shall in no case be liable to you or any person in relation to:
(a) The TrūSwap+ Services (as defined herein), which you further acknowledge are provided to you on as “as is” and “as available” basis, and that no Swapper is provided any guarantee or warranty in relation to the TrūSwap+ Services, including that such TrūSwap+ Services will be available, meet any performance parameters, or that your use of such TrūSwap+ Services will be uninterrupted, secure or error-free;
(b) The Smart Contract (as defined herein), which you further acknowledge is private copyrighten software code (which terms of use or licence conditions are incorporated hereunder and apply to you) and is integrated with the websites and mobile apps "sites" on as “as is” and “as available” basis, and that no Swapper is provided any guarantee or warranty in relation to the Smart Contract, including that the Smart Contract will be available, meet any performance parameters (including without limitation, the Smart Contract implementations (as defined herein), or that your use of such Smart Contract (through the use of the TrūSwap+ Services or otherwise) will be uninterrupted, secure or error-free;
(c) Use of TrūSwap+ Services, TrūQoin and other Digital Tokens (as defined herein), swapping or staking (as defined herein) for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any applicable laws (as defined herein);
(d) Failure or delay in the operation of the TrūSwap+ Services, swapping, staking or the Smart Contract;
(e) Failure, malfunction or breakdown of, or disruption to, the operation of any TrūSwap+ Services, (including the TrūQoin Mining Cooperative API), the sites (as defined herein), Smart Contract, TrūQoin and other Digital Tokens, or any technology (including but not limited to swapping, staking and Smart Contract technology) on which any Swapper (including Members/Miners of the TrūQoin Mining Cooperative), the sites, Smart Contract, TrūQoin and other Digital Tokens relies on, due to occurrences of a fork (as defined herein), network attack & vulnerabilities (as defined herein), defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs;
(f) Any virus, error, bug, flaw, defect or otherwise adversely affecting the operation, functionality, usage, storage, transmission mechanisms, transferability or swap-ability and other material characteristics of the sites, Smart Contract, staking, or the TrūQoin and other Digital Tokens;
(g) Decreases or volatility in swapping rate or swapping volume of the TrūQoin and other Digital Tokens;
(h) Failure or unfitness of any of the TrūSwap+ Services, Smart Contract, swapping, staking, or TrūQoin and other Digital Tokens for any specific purpose;
(i) Loss of possession of the credentials for accessing, or loss or destruction of the private keys of, any wallet, the linked address (as defined herein), in any manner and to any extent;
(j) Any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction of the operation, functionality, usage, storage, transmission mechanisms, transferability or swap-ability of the TrūQoin and other Digital Tokens or other material characteristics of the TrūQoin and other Digital Tokens;
(k) Any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction of the operation, functionality, usage, transmission mechanisms of the TrūSwap+ Services and/or Smart Contract or other material characteristics of the TrūSwap+ Services and/or Smart Contract;
(l) Any risks (whether direct, indirect or ancillary) associated with the sites, the TrūSwap+ Services, any Swapper (including TrūQoin Mining Cooperative, and its members/miners), the Smart Contract, swapping, staking, and your use of the TrūSwap+ Services, including but not limited to the risks set out in Section 19. "Disclaimers" hereto; and
(m) Network Fees (as defined in the TrūSwap+ Terms and Conditions ) which you may have to pay in connection with your use of the TrūSwap+ Services.
You acknowledge and agree that you shall access and use the TrūSwap+ Services at your own risk. The risks associated with handling TrūQoin and other Digital Tokens and swapping and/or staking can be substantial. You should, therefore, carefully consider whether your participation in swapping and/or staking is suitable for you in light of your circumstances, financial resources, and/or digital token resources. None of the TrūSwap+ "Swappers" at any point in time assume the risk of losses arising from or in connection to the TrūSwap+ Services or the Smart Contract, whether or not such loss was due to factors beyond any Swapper’s (including the TrūQoin Mining Cooperative and its member’s) control.
In the event of any loss, hack or theft of TrūQoin and other Digital Tokens, you acknowledge and confirm that you shall have no right(s), claim(s) or causes of action in any way whatsoever against any Swapper (including the TrūQoin Mining Cooperative and its member’s).
Swapper Terms of Use
Acceptance of Terms
1.1 The TrūSwap+ Website and the Smart Contracts are copyrighted works belonging to TrūQoin Mining Cooperative, a private member association formed under the laws of the Seychelles Islands, Republic of Seychelles. ("TrūQoin Mining Cooperative," “TrūSwap+,” “us,” “our,” and “we”). If you submit information, including personal information, through or in connection with the TrūSwap+ Services, it will be governed by the privacy policy, as updated from time to time, and “you” refers to any person accessing, or using any TrūSwap+ Services (as defined in paragraph 2.1 of these terms) as accessible through, our website:
https://truswap.plus/agreements,
mobile applications or any other applications (collectively referred to as, “sites”), and “your” shall be construed accordingly.
1.2 Each of you and TrūQoin Mining Cooperative ands its member’s shall hereinafter be referred to as a “party”, and collectively, you and TrūQoin Mining Cooperative shall hereinafter be referred to as the “parties”. The TrūQoin Mining Cooperative and its members/miners/affiliates (as defined in paragraph 2.1 of these terms) shall hereinafter be collectively referred to as the “TrūSwap+ Group” and each individual Miner that joins the affiliate program as “Swapper”.
1.3 Your use of the TrūSwap+ Services is subject to these terms as may be amended by us from time to time at our sole and absolute discretion. These terms shall also include any other operating rules, policies and procedures which we may issue from time to time.
1.4 We may revise these terms at any time with or without notice to you and any changes will be uploaded on the sites. These changes shall take effect from the date of upload and your continued access or use of the sites and/or the TrūSwap+ Services from such date shall be deemed to constitute acceptance of the new terms. It shall be your sole responsibility to check the sites for such changes from time to time. If you do not agree to these terms, please exit the sites and either do not use or cease usage of all the TrūSwap+ Services immediately.
1.5 By accessing, browsing or viewing the sites, including but not limited to utilising any of the TrūSwap+ Services as provided and offered by the TrūQoin Mining Cooperative or any Swapper, you:
(a) agree to be bound by and to abide by the latest version of the terms and our privacy policy;
(b) represent and warrant that in the jurisdiction to which you are subject, you are of legal age to use the sites and/or the TrūSwap+ Services and to create binding legal and financial obligations for any liability you may incur as a result of the use of the sites and/or the
TrūSwap+ Services; and
(c) represent and warrant that you are not a disqualified person/entity (as defined in paragraph 2.1 of these terms) or acting on behalf of a disqualified person/entity.
1.6 No information contained in or on, and no part of the following:
(a) the sites;
(b) any electronic sites, communication or applications directly or indirectly linked to the sites; or
(c) any other information or document, shall constitute part of these terms (unless otherwise stated on the sites or in these terms), and no representations, warranties or undertakings are or are intended or purported to be given by any Swapper in respect of any information contained in or on, or any part of, the items as stated in paragraphs 1.6(a) to (c) above.
2. Definitions and interpretations
2.1 Definitions in these terms, unless the context otherwise requires:
“address” means an address on the applicable digital ledger or blockchain network; “associate” means with respect to any person, any other person directly or indirectly controlling, controlled by or under common control with such person; “applicable laws” means all relevant or applicable statutes, laws (including any reporting and/or withholding tax requirements of any government), rules, regulations, directives, circulars, notices, guidelines and practice notes of any governmental authority; “approvals” has the meaning ascribed thereto in paragraph 7.1(m) of these terms; “community proposals” means proposal relating to the TrūSwap+ network put forward by the TrūSwap+ Swapper Community of tokenholders; “delegated voting” means delegation by a delegator of voting power to a pool operator in accordance with and subject to Smart Contract implementations whereby: (a) such pool operator will be accorded such voting power which will be exercisable by such pool operator for voting on voting event(s) in the same manner and to the same extent as such delegator would have been able to had there been no delegation; and (b) subject to such pool operator voting on a voting event in furtherance of an exercise of such voting power, voting rewards attributable to such voting will be allocated to such pool operator, and such pool operator can elect to retain such voting rewards or distribute all or part of such voting rewards to such delegator at such pool operator’s discretion; “delegator” means a user who participates in staking in respect of TrūQoin and other Digital Tokens held by such user and assigns voting power attributable to such TrūQoin and other Digital Tokens to a pool operator pursuant to delegated voting; “digital token” means any cryptographic token, digital token or virtual currency including but not limited to the TrūQoin and other Digital Tokens; “disqualified person/entity” means (a) any person or body corporate seeking to access the sites / use the TrūSwap+ Services from within the excluded jurisdictions; (b) any person (being a natural person) who is citizen of, domiciled in, or resident of, a country whose laws prohibit or conflict with the access of the sites or use of TrūSwap+ Services; and/or (c) anybody corporate that is incorporated in, domiciled in, or organised in, a country whose laws prohibit or conflict with the access of the sites or use of TrūSwap+ Services; “TRON” means the decentralised platform as described in https://www.trondao.org; “excluded jurisdiction” means the countries that are designated as high risk by the financial action task force, that are subject to embargoes or sanctions implemented by the united nations, the european union, or the office of foreign asset control of the united states treasury department, or are included on a list of jurisdictions not permitted to use the TrūSwap+ Services as determined by the TrūQoin Mining Cooperative; “fork” means a change in the existing source code or the creation of new or additional source code for a blockchain; “governmental authority” means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including, without limitation, any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organization. For the avoidance of doubt, governmental authority may include private bodies exercising quasi-governmental, regulatory or judicial-like functions to the extent they relate to either you, any Swapper, Smart Contract, Smart Contract implementations, TrūQoin and other Digital Tokens and/or the TrūSwap+ Services;
“indemnified persons” has the meaning ascribed thereto in paragraph 10.2 of these terms; “Swapper” has the meaning ascribed thereto in paragraph 1.2 of these terms;
“TrūSwap+ Group” has the meaning ascribed thereto in
paragraph 1.2
of these terms;
“TrūSwap+ network” means the TRON -based protocol which aims to facilitate on-chain liquidity
for digital tokens through the use of decentralised applications as described further at the
following website:
https://truswap.plus/;
“Smart Contract” has the meaning ascribed thereto in
paragraph 4.1
of these terms; “Smart Contract implementations” means such implementations as programmed into the Smart Contract relating to swapping staking, voting, delegated voting and other functions of the Smart Contract, which implementations may be modified from time to time; “TrūSwap+ user interface” has the meaning ascribed thereto in
paragraph 4.2
of these terms; “linked address” has the meaning ascribed thereto in paragraph
4.4(a) of these terms; “loss” means any and all losses, claims, liabilities, damages, suits, actions, demands, proceedings, costs, charges and/or expenses of whatsoever nature or howsoever arising, including any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue and income or profits); “network attack & vulnerabilities” means hacks, cyber-attacks, network attacks (including but not limited to double-spend attacks, majority mining power attacks and “selfish-mining” attacks, 51% or network attacks), distributed denials of service or errors, or any attacks, vulnerabilities or defects on the network; “network fees” means such transaction cost payable, whether denominated in digital tokens or otherwise, for the use of or execution of transactions on a network (including but not limited to the TRON network); “payable tax” has the meaning ascribed thereto in paragraph 16.1 of these terms; “pool operator” means an individual or body corporate who has been delegated voting power by delegator(s) pursuant to delegated voting by such delegator(s); “prescribed timeframe” has the meaning ascribed thereto in
paragraph 4.6(c)(i)
of these
terms;
“prohibited uses” has the meaning ascribed thereto in
paragraph 9.3
of these terms;
“TrūSwap+ Services” has the meaning ascribed thereto in paragraph 4.2 of these terms;
“sites” have the meaning ascribed thereto in paragraph 1.1 of these terms;
“staked TrūQoin and other Digital Tokens” means token(s) which are subject of staking;
“staking” in relation to a user means election by such user:
(a) for the Smart Contract to transfer TrūQoin and other Digital Tokens from the linked address transferred to an address specified by the Smart Contract; and
(b) for such TrūQoin and other Digital Tokens to be held at such address for a period selected by such user, during which period:
(i) such TrūQoin and other Digital Tokens cannot be transferred from such address; and
(ii) voting power is accorded to such user based on such TrūQoin, in accordance with and subject to Smart Contract implementations, and “stake” and “staked” shall be construed accordingly; “third party integrated applications” means the third party applications and interfaces which are integrated to the sites;
“TrūQoin and other Digital Tokens” means TrūSwap+ network crystals, or knc, the cryptographic token native to the TrūSwap+
network as described in the following website: https://TrūSwap+.Network/ ;
“tokenholder” means a natural person or body corporate who/that
(a) holds the private key(s) to an address;
(b) holds token(s) at such address; and
(c) is able to transfer such token(s) from such address; “user”, as identified by the sites by their wallet address, means
(a) a tokenholder; or
(b) a pool operator, seeking to use the sites / the TrūSwap+ Services; “user claim request” has the meaning ascribed thereto in
paragraph 4.4(c)(iv)
of these terms; “user information” in respect of a user has the meaning ascribed thereto in
paragraph 5.1.1
of these terms;
“US$” means the lawful currency of the United States of America; and “voting” means voting on community proposal(s) in accordance with and subject to Smart Contract implementations, and “vote”, and “votes” shall be construed accordingly.
“voting power” in respect of a user (which may include a pool operator in respect of such TrūQoin held by such pool operator) who has participated in staking, means the extent of the right accorded by Smart Contract (in accordance with and subject to Smart Contract implementations) to such user for voting on a community proposal; and “voting rewards” in relation to a user holding voting power and who exercises such voting power for voting on community proposals, means rewards (denominated in TrūQoin) accorded to such user for such voting in accordance with and subject to Smart Contract implementations.
2.2 miscellaneous
in these terms, unless the context otherwise requires:
(a) Words importing the singular include the plural and vice versa, words importing any gender include every gender;
(b) References to a “person” include any company, limited liability partnership, partnership, business trust or unincorporated association (whether or not having separate legal personality) and references to a “company” include any company, corporation or other body corporate, wherever and however incorporated or established;
(c) Paragraph headings are for convenience of reference only and shall not affect the interpretation of these terms; and
(d) The words “written” and “in writing” include any means of visible reproduction.
3. Eligibility
Access to the sites is intended for and extended only to, and the TrūSwap+ Services are intended for and extended only to, a person or body corporate who is not a disqualified person/entity.
Accordingly, you are not eligible to access the sites or use the TrūSwap+ Services if you are a disqualified person/entity. If you are a disqualified person/entity, or if you are acting on behalf of a disqualified person/entity, you should exit the sites and cease usage of all TrūSwap+ Services immediately.
4. TrūSwap+ Services
4.1 The TrūSwap+ Smart Contract(s) (“Smart Contract(s)”) is a privately developed, copy-written, and may contain patented technologies and trade secrets in the Smart Contract implementations relating to swaps, NFTs, staking, voting and delegated voting. You should note that the Smart Contract is not developed by the TrūQoin Mining Cooperative, and the TrūQoin Mining Cooperative has no control or influence over the Smart Contract or any of the functions or changes to functions thereof. You should note that the Smart Contracts are reviewed for security issues by EtherAuthority LTD, India.
4.2 Based on the Smart Contract implementations, access to and usage of the Smart Contract for swapping, staking, voting and/or delegated voting must be via an interface (“TrūSwap+ user interface”) compatible with the Smart Contract.
4.3 Whilst the sites function as TrūSwap+ user interfaces to allow a user to participate in swapping, staking, voting and/or delegated voting using the Smart Contract, such user has the option to use other TrūSwap+ user interfaces developed and/or hosted by a third party to access and use the Smart Contract.
4.4 Based on the Smart Contract and subject to Smart Contract implementations, a user may, through the use of a TrūSwap+ user interface access and use the following functions of the Smart Contract:
(a) Link such user’s address (holding TrūQoin and other Digital Tokens and/or for receipt of voting rewards) (“linked address”) to the Smart Contract using the third party integrated applications made available on such TrūSwap+ user interface (for example, TronLink);
(b) select the number of TrūQoin and other Digital Tokens at the linked address which such user would like to deploy for swapping or staking and be accorded voting power based on such number of TrūQoin and other Digital Tokens deployed for staking;
(c) allow a user to either:
(i) retain and exercise voting power as accorded to such user based on such user’s staked TrūQoin and other Digital Tokens for voting on community proposals, and be accorded voting rewards; or
(ii) effect delegated voting in respect of such voting power to a pool operator by entering such pool operator’s address on the staking interface;
(iii) if such user is a pool operator, exercise voting power as assigned to such user or voting power attributable to such user’s own TrūQoin and other Digital Tokens for voting on community proposals and be accorded voting rewards; and
(iv) if such user has been accorded voting rewards for voting, claim (“user claim request”) such voting rewards whereupon such voting rewards will be transferred to the linked address of such user.
4.5 the sites, which function as a staking interface, facilitates a user’s access to and usage of the Smart Contract as described in
paragraph 4.4 by:
(a) communicating a user’s authentication and instruction to connect such linked address to the Smart Contract;
(b) communicating a user’s selection of staked TrūQoin and other Digital Tokens to the Smart Contract;
(c) communicating a user’s delegated voting to a pool operator to the Smart Contract;
(d) communicating a user’s vote(s) in respect of a proposal; and
(e) communicating a user claim request to the Smart Contract, (collectively, the “TrūSwap+ Services”).
4.6 by access/using the sites/TrūSwap+ Services, you acknowledge and accept that:
(a) based on the Smart Contract, if you effect delegated voting with a pool operator, any voting rewards attributable to the voting power delegated to such pool operator pursuant to such delegated voting will be distributed to the linked address of such pool operator (and not you), and such pool operator may choose not to distribute any of such voting rewards it receives to you;
(b) whilst such pool operator may develop an arrangement with you to onward distribute such voting rewards (or a part thereof) to you as delegator of such pool operator, such arrangement would be a separate arrangement between such pool operator and you as delegator of such pool operator; and our TrūSwap+ Services do not include and we are not responsible for any recovery of voting rewards from such pool operator on your behalf;
(c) based on the Smart Contract, in order to be eligible to receive the voting rewards attributable to voting or delegated voting in respect of a particular community proposal:
(i) you (in the case of voting) or your designated pool operator (in the case of delegated voting) must exercise your or such pool operator’s (as the case may be) voting power for voting within the timeframe prescribed by the Smart Contract for voting in respect of such community proposal (“prescribed timeframe”); and
(ii) you must maintain your staked TrūQoin and other Digital Tokens to which such voting power is attributed for the full duration of the prescribed timeframe and cannot initiate a release of such staked TrūQoin from staking during the prescribed timeframe.
4.7 you further acknowledge and accept that by using the sites / the TrūSwap+ Services:
(a) the TrūQoin Mining Cooperative has no control or influence over, and assumes no responsibility for,the Smart Contract or any of the functions or changes to functions
thereof;
(b) the sites function solely as an interface to communicate your instructional input to the Smart Contract and receive output from the Smart Contract in the relation to staking, voting, delegated voting and other functions thereof; and
(c) you shall not claim, and have no claim, against the TrūQoin Mining Cooperative (a) in respect of, or any change to, or any failure of, the Smart Contract and any of the functions thereof; and/or (b) in respect of any failure of the sites / TrūSwap+ Services to facilitate access to and usage of the Smart Contract and any of the functions thereof.
5. User information and linked addresses
5.1 user information
5.1.1 your access of the sites and/or use of the TrūSwap+ Services shall be conditional on you providing the following information (“user information”):
(a) your confirmation that you have read these terms and acceptance thereof; and
(b) such other information any Swapper (including the TrūQoin Mining Cooperative) determines is necessary in its respective sole discretion in order to comply with applicable laws or otherwise in connection with your access of the sites and/or the provision of TrūSwap+ Services to you, including but not limited to the information as requested on the sites.
5.1.2 you agree that we may, without prior notice to you, suspend, restrict, or terminate your access to the sites and/or use of the TrūSwap+ Services until any requested user information has been provided to our satisfaction. You also irrevocably and unconditionally agree that such user information provided by you to us may be shared without limitation or restriction with any other Swapper for the purpose of compliance with any applicable laws in connection with the TrūSwap+ Services.
5.1.3
by submitting any of your user information, you represent and warrant to each Swapper (including the TrūQoin Mining Cooperative) that such user information as submitted is complete, accurate and authentic and you shall promptly update us of any changes to your user information. In the event of any change to your user information, you agree that we may, without prior notice to you, suspend, restrict, or terminate your access to the sites and/or use of the TrūSwap+ Services until any such change has been provided to our satisfaction.
5.1.4
by submitting your user information, you shall be deemed to have authorised, permit and/or
authorised:
(a) any Swapper to directly or through third parties make inquiries which any Swapper in its absolute discretion considers necessary to verify such user information as submitted for the purpose of compliance with any applicable laws or otherwise; and
(b) any Swapper to take any action which any Swapper deems necessary based on the results of such inquiries.
5.2 linked address
Any linked address you link to the Smart Contract using the sites:
(a) shall be owned, held, and be fully controlled by you, and you shall hold and have full control of the private key (whether such private key is held through a personal wallet or otherwise) and all other credentials to your linked address;
(b) shall not be an address owned, held, or controlled by a person other than you, including but not limited to a cryptocurrency exchange address or a third party hosted wallet
address (the access of which is controlled by such third party); and
(c) must be fully compatible with and supports the TrūQoin and other Digital Tokens and the TrūSwap+ Services.
6. Conditions
6.1 the TrūQoin Mining Cooperative’s performance of TrūSwap+ Services is conditional on all of the following:
(a) your representations and warranties as set out in paragraph 7 of these terms being true and accurate at all times on and after the date of this agreement while you continue to use the TrūSwap+ Services;
(b) neither your use of or our provision of the TrūSwap+ Services, constitute, or would be reasonably expected to result in a breach, default, contravention or violation of any applicable law applicable to you or the TrūSwap+ Group, or any contract or agreement to which you or the TrūSwap+ Group is a party or by you or the TrūSwap+ Group is bound, including these terms.
7. Acknowledgements, representations and warranties
7.1 by accepting these terms, you represent and warrant to each Swapper (including the TrūQoin Mining Cooperative) as follows:
(a) you acknowledge and agree that the TrūQoin and other Digital Tokens you are seeking to engage in swapping or staking are not to be construed, interpreted, classified or treated as:
(i) any kind of currency;
(ii) debentures, stocks or shares;
(iii) rights, options or derivatives in respect of such debentures, stocks or shares;
(iv) rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
(v) units in a collective investment scheme;
(vi) units in a business trust;
(vii) derivatives of units in a business trust;
(viii) any form of investment;
(ix) any kind of asset or digital asset; or
(x) is used as colateral to securitize any debt;
(b) you acknowledge and agree that the TrūSwap+ Services, swaps, staking, the Smart Contract and TrūQoin and other Digital Tokens do not and are not intended to constitute securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction and these terms do not and is not intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme or any other form of investment in any jurisdiction or a solicitation for any form of investment in any jurisdiction;
(c) you acknowledge and agree that none of the TrūSwap+ Services, swaps, staking, Smart Contract, or TrūQoin and other Digital Tokens shall be construed, interpreted, classified or treated as enabling, or according any opportunity to, you to participate in or receive profits, income, or other payments or returns arising from or in connection with any of the TrūSwap+ Services, swaps, staking, and the TrūQoin and other Digital Tokens, or to receive sums paid out of such profits, income, or other payments or returns, solely by virtue of you holding TrūQoin and other Digital Tokens;
(d) you acknowledge that no regulatory authority has examined or approved of these terms, no such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction, and the provision of these terms to you does not imply that the applicable laws, regulatory requirements or rules have been complied with;
(e) you have read and understood all of these terms including the annexes hereto;
(f) any linked address provided by you is fully operational, secure and valid;
(g) you are not, and you are not acting on behalf of, a disqualified person/entity;
(h) you have full power and capacity to accept these terms and perform all your obligations hereunder and in the case where you are accepting these terms on behalf
of a corporation:
(i) such corporation is duly incorporated and validly existing under the applicable laws; and
(ii) you are duly authorised to accept these terms and procure the performance of obligations hereunder;
(iii) you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of swapping, staking,
TrūQoin and other cryptographic Digital Tokens, digital ledgerbased software systems, digital token wallets and TrūSwap+ user interfaces (including the sites), or other related token storage mechanisms, token exchanges, blockchain and distributed ledger technology, and Smart Contract technology;
(j) you are fully aware of, understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with any of the TrūSwap+ Services, staking, the sites, the TrūSwap+ affiliates (including the TrūQoin Mining Cooperative), the TrūQoin and other Digital Tokens, your use of any of the TrūSwap+ Services, any digital token wallet or interface used in connection with any of the TrūSwap+ Services, linked address, your provision of linked address, the sites and any extension of the sites, including but not limited to the risks set out in the Section 19. "Disclaimers" hereto;
(k) these terms constitute legal, valid and binding obligations on you, which are enforceable in accordance with these terms, and neither your use of any of the TrūSwap+ Services, purchase, receipt, nor holding of any TrūQoin and other Digital Tokens is in breach or contravention of any applicable laws in your jurisdiction;
(l) you are not a citizen or resident of any jurisdiction in which either the use of any of the TrūSwap+ Services, exchange, purchase, receipt, or holding of any TrūQoin and other Digital Tokens is prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected by any applicable laws;
(m) no consent, approval, order or authorisation of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (the “approvals”) is required on your part in connection with your use of any of the TrūSwap+ Services, or where any approvals are required, such approvals have been obtained and remain valid and in full force and effect;
(n) the TrūQoin and other Digital Tokens to be used for swaps and staking have not been obtained through any acts in connection with money laundering, terrorism financing or any other acts in breach or contravention of any applicable law;
(o) the TrūQoin and other Digital Tokens or voting rewards received by you will not be used for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any applicable laws;
(p) you are using the TrūSwap+ Services as principal and for your own benefit and you are not acting
on the instructions of, or as nominee or agent for or on behalf of any other person;
(q) all of the above representations and warranties are true, complete, accurate and nonmisleading from the time of your acceptance of these terms.
7.2 none of the TrūSwap+ affiliates (including the TrūQoin Mining Cooperative) makes or purports to make, and each Swapper (including the miners/members of the TrūQoin Mining Cooperative) hereby disclaims and you hereby acknowledge that in any event you have not relied upon nor will you rely upon, any representation or warranty in any form whatsoever, including any representation or warranty in relation to:
(a) the TrūQoin and other Digital Tokens, Smart Contract, the Smart Contract implementations and/or the TrūSwap+ Services;
(b) the sites or any information set out in the sites or any other place;
(c) any Swapper; and
(d) your linked address.
8. Disclaimers
8.1 notwithstanding any other provision in these terms, to the fullest extent permitted by law, each Swapper (including the TrūQoin Mining Cooperative) hereby expressly disclaim all representations, conditions and warranties of any kind, whether express, implied or otherwise and shall in no case be liable to you or any person in relation to:
(a) the TrūSwap+ Services, which you further acknowledge are provided to you on as “as is” and “as available” basis, and that no Swapper provides any guarantee or warranty in relation to the TrūSwap+ Services, including that such TrūSwap+ Services will be available, meet any performance parameters, or that your use of such TrūSwap+ Services will be uninterrupted, secure or error-free;
(b) the Smart Contract, which you further acknowledge is and is integrated with the sites on as “as is” and “as available” basis, and that no Swapper provides any guarantee or warranty in relation to the Smart Contract, including that the Smart Contract will be available, meet any performance parameters (including without limitation, the Smart Contract implementations), or that your use of such Smart Contract (through the use of the TrūSwap+ Services or otherwise) will be uninterrupted, secure or errorfree;
(c) use of TrūSwap+ Services, swaps, staking, TrūQoin and other Digital Tokens, for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any applicable laws;
(d) failure or delay in the operation of the TrūSwap+ Services, swaps, staking or the Smart Contract;
(e) failure, malfunction or breakdown of, or disruption to, the operation of any TrūSwap+ Services (including the TrūQoin Mining Cooperative), the sites, Smart Contract, TrūQoin and other Digital Tokens, or any technology (including but not limited to swaps or staking and Smart Contract technology) on which any TrūSwap+ Services, the sites, Smart Contract, TrūQoin and other Digital Tokens relies on, due to occurrences of a fork, network attack & vulnerabilities, defects, flaws in programming or source code or otherwise, regardlessof when such failure, malfunction, breakdown, or disruption occurs;
(f) any virus, error, bug, flaw, defect or otherwise adversely affecting the operation, functionality, usage, storage, transmission mechanisms, transferability or swap-ability and other material characteristics of the sites, Smart Contract, staking, or the TrūQoin and other Digital Tokens;
(g) decreases or volatility in swapping rate or swapping volume of the TrūQoin and other Digital Tokens;
(h) failure or unfitness of any of the TrūSwap+ Services, Smart Contract, swaps, staking, or TrūQoin and other Digital Tokens for any specific purpose;
(i) loss of possession of the credentials for accessing, or loss or destruction of the private keys of, any wallet, the linked address, in any manner and to any extent;
(j) any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction of the operation, functionality, usage, storage, transmission mechanisms, transferability or swap-ability of the TrūQoin and other Digital Tokens or other material characteristics of the TrūQoin and other Digital Tokens;
(k) any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction of the operation, functionality, usage, transmission mechanisms of the TrūSwap+ Services and/or Smart Contract or other material characteristics of the TrūSwap+ Services and/or Smart Contract;
(l) any risks (whether direct, indirect or ancillary) associated with the sites, the TrūSwap+ Services, any Swapper, the Smart Contract, staking, and your use of the TrūSwap+ Services, including but not limited to the risks set out in Section 19. "Disclaimers" hereto; and
(m) network fees which you may have to pay in connection with your use of the TrūSwap+ Services.
8.2 you acknowledge and agree that you shall access and use the TrūSwap+ Services at your own risk. The risks associated with handling TrūQoin and other Digital Tokens swaps and/or staking can be substantial. You should, therefore, carefully consider whether your participation in swaps and/or staking is suitable for you in light of your circumstances and financial resources. None of the TrūSwap+ affiliates (including miners/members of the TrūQoin Mining Cooperative) at any point in time assume the risk of losses arising from or in connection to the TrūSwap+ Services or the Smart Contract, whether or not such loss was due to factors beyond any Swapper’s control.
8.3 in the event of any loss, hack or theft of digital tokens (including the TrūQoin and other Digital Tokens), you acknowledge and confirm that you shall have no right(s), claim(s) or causes of action in any way whatsoever against any Swapper.
9. General terms and prohibited use
9.1 you shall be responsible for the reporting requirements under the applicable laws in respect of any dealing with digital tokens including the reporting requirements in respect of any taxable income derived in connection with the use of TrūSwap+ Services to the relevant governmental authority.
9.2 your relationship with us and the operation and use of TrūSwap+ Services shall be subject at all times to the applicable laws. Any Swapper (including miners/members of the TrūQoin Mining Cooperative) may take or refrain from taking any action whatsoever, and you shall comply with, and shall do all things required by any Swapper in order to procure or ensure compliance with applicable laws. You acknowledge and agree that no Swapper shall be liable to you as a result of any action taken by any Swapper to comply with applicable laws.
9.3 you may not use the TrūSwap+ Services to engage in the following categories of activity (“prohibited uses”). The specific types of use listed below are representative, but are not to be considered to be exhaustive. We may update the prohibited uses of the TrūSwap+ Services from time to time, and you hereby acknowledge and agree that it shall be your sole responsibility to ensure that your use of the TrūSwap+ Services does not involve a prohibited use. By using the TrūSwap+ Services, you confirm that you will not, and you will not aid, abet, encourage or induce any third party to engage in any of the following activities:
(a) unlawful activity: Activities which would:
(i) violate, or assist in the violation of, any applicable laws administered in the countries where the TrūSwap+ Group conducts opperations; and/or
(ii) involve proceeds of any unlawful activity;
(iii) publish, distribute or disseminate any unlawful material or information;
(b) abusive activity: Actions which:
(i) impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
(ii) transmit or upload any material to the sites and/or the Smart Contract that contains viruses, trojan horses, worms, or any other harmful or deleterious programs;
(iii) attempt to gain unauthorised access to the sites and/or the Smart Contract, computer systems or networks connected to the sites and/or the Smart Contract, through password mining or any other means;
(iv) use user information of another party to access or use the sites and/or the Smart Contract; and/or
(v) develop any third-party applications that interact with the sites and/or Smart Contract without our prior written consent;
(c) abuse other users: Activities which:
(i) interfere with another user’s access to or use of any of the TrūSwap+ Services;
(ii) defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others, including but not limited to the TrūSwap+ Group, its representatives, employees, agents, and affiliates;
(iii) incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; and/or
(iv) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the TrūSwap+ Services or to harvest or otherwise collect information from the sites and/or the Smart Contract, including but not limited to identification numbers, email addresses, phone numbers, or addresses without proper consent;
(d) fraud: Activity which operates to defraud users or any other person; provide any false, inaccurate, incomplete, or misleading information to any Swapper;
(e) gaming: Gaming activities (the playing of any game of chance or of mixed chance and skill for money or money’s worth) including amongst others:
(i) lotteries;
(ii) bidding fee auctions;
(iii) sports forecasting or odds making;
(iv) fantasy sports leagues with cash prizes;
(v) internet gaming;
(vi) contests;
(vii) sweepstakes; and/or
(viii) games of chance;
(f) intellectual property infringement: Any transactions, activities, and/or actions that:
(i) (whether or not involving items) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any investment products (including digital tokens, fiat currency, securities, commodities, investment or trading products, derivatives, structured products, investment funds, investment portfolios, commodity pools, swaps, securitisations or synthetic products), including where the price, return, and/or performance of the investment product is based on, derived from, or related to any Swapper (including the TrūQoin Mining Cooperative) or any portion thereof, without our express prior written consent;
(ii) modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store proprietary or confidential data or other similar information provided via sites, without our express prior written consent;
(iii) make use of intellectual property, name, or logo, including use of trade or service marks belonging to any the TrūQoin Mining Cooperative, without express consent from us or in a manner that otherwise harms the TrūQoin Mining Cooperative;
(iv) reverse engineer or disassemble any aspect of the Smart Contract and/or the TrūSwap+ Services in an effort to access any source code, underlying ideas and concepts, and algorithms which are not already publicly disclosed by the TrūSwap+ Group; and/or
(v) implies an untrue endorsement by or affiliation with any Swapper;
(g) activity which brings disrepute and/or is detrimental to the TrūSwap+ Group: Any activity which could be expected to bring disrepute upon or be detrimental to the TrūSwap+ Group, the TrūSwap+ Services, the sites, the Smart Contract, you, or any other third party;
(h) disqualified person/entity: If you are disqualified person/entity, using any virtual private network, proxy service, or any other third party service network, or product with the effect of disguising your internet protocol (ip) address or location;
(i) prohibited businesses: Use the TrūSwap+ Services in connection with any of following businesses, activities, practices, or items which are prohibited or in conflict with the applicable laws; and/or
(j) breach of these terms: Any activities, and/or actions that are in breach of and/or violate these terms.
10. Limitation of liability and indemnification
10.1
in addition and without prejudice to any other right or remedy under these terms and to the fullest permitted by all applicable laws, regulations and rules and except as otherwise provided in these terms:
(a) no Swapper (including the TrūQoin Mining Cooperative) shall be liable for any loss arising out of or in connection with the use of the TrūSwap+ Services, or the use, receipt or holding of digital tokens by you;
(b) in any event, the aggregate liability of the TrūSwap+ Group, in tort, contract or otherwise,
arising out of or in connection with the use of TrūSwap+ Services, or the use, receipt or holding of digital tokens by you; and
(c) you hereby agree to waive all rights to assert any claims under applicable laws and agree that you may make claims based only on these terms.
10.2
to the fullest extent permitted by the applicable laws, regulations and rules, you shall indemnify, defend, and hold each Swapper (including the TrūQoin Mining Cooperative) and/or its subsidiaries, related companies, affiliates, directors, officers, employees, agents, successors, and permitted assignees (“indemnified persons”) harmless from and against any and all losses (including but not limited to reasonable legal fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against any of the indemnified persons arising out of a breach of any warranty, representation, or obligation hereunder.
11. No assignment
subject to these terms, only you and no other person shall have the right to any claim against any Swapper (including the TrūQoin Mining Cooperative) in connection with the TrūSwap+ Services. You shall not assign, trade or transfer, or attempt to assign, trade or transfer, your right to any such claim. Any such assignment or transfer shall be void and shall not impose any obligation or liability on any Swapper (including the TrūQoin Mining Cooperative) to the assignee or transferee.
12. Intellectual property rights
these terms shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, internet domain names or copyright in connection with the sites, the Smart Contract, the TrūSwap+ Services, any Swapper (including the TrūQoin Mining Cooperative).
13. Surviving terms
Paragraphs 7 to 18 (including this paragraph 13) Hereto shall remain valid and in full force and effect notwithstanding any rescission or termination of these terms and any rights or obligations of the parties in respect of any breach of these terms accruing prior to, on or as a result of such termination or rescission shall continue to subsist notwithstanding such termination or rescission.
14. No waiver
Any failure by any Swapper (including the TrūQoin Mining Cooperative) to enforce these terms or to assert any right(s), claim(s) or causes of action against you under these terms shall not be construed as a waiver of the right of any Swapper (including the TrūQoin Mining Cooperative) to assert any right(s), claim(s) or causes of action against you.
15. Entire agreement
15.1
These terms contain the entire agreement and the understanding between the parties and supersedes all prior agreements, understandings or arrangements (both oral and written) in relation to the use of TrūSwap+ Services.
15.2
In the event that any Swapper (including the TrūQoin Mining Cooperative) discovers that you, in your use of the TrūSwap+ Services, have engaged in any of the prohibited uses or any other unfair, excessive or abusive usage or conduct, the TrūSwap+ Group reserves the right to take such actions as may be necessary, to the fullest extent possible under law, to protect any Swapper (including the TrūQoin Mining Cooperative) from any loss.
16. Taxes
16.1
The use of TrūSwap+ Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the TrūSwap+ Services including your receipt and holding of digital tokens in any jurisdiction (“payable tax”).
16.2
You shall be responsible for determining any payable tax and declaring, withholding, collecting, reporting and remitting the correct amount of payable tax to the appropriate tax authorities. You shall be solely liable for all penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the payable tax.
16.3
No Swapper (including the TrūQoin Mining Cooperative) shall be responsible for determining any payable tax and declaring, withholding, collecting, reporting and remitting the correct amount of payable tax to the appropriate tax authorities.
17.
Governing law and dispute resolution
17.1
These terms shall be governed by, and construed in accordance with, the laws of the Republic of Seychelles.
17.2
Any dispute arising out of or in connection with these terms, including any question regarding its existence, validity or termination, shall be referred to and finally be resolved by arbitration in Republic of Seychelles in accordance with the rules of the Republic of Seychelles international arbitration centre arbitration rules for the time being in force, which rules are deemed to be incorporated by reference in this paragraph. There is a panel of three (3) arbitrators, each of the parties hereby has the right to appoint an arbitrator, and the two (2) appointed arbitrators shall select the third arbitrator. The panel shall reach its decisions by a vote of a majority. The seat of the arbitration shall be Republic of Seychelles. The language of the arbitration shall be english. Judgment on any award rendered by the arbitrators may be entered by any court of competent jurisdiction.
17.3
Each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of Republic of Seychelles to support and assist the arbitration process pursuant to paragraph 17.2 of these terms, including if necessary the grant of interlocutory relief pending the outcome of that process.
18. Severance and partial invalidity
18.1
if any of these terms is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of these terms shall continue to be valid and in full force and effect.
18.2
The illegality, invalidity or unenforceability of any provision of these terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
Section 19. "Disclaimers" –
Risk factors & disclaimers you should carefully consider and evaluate each of the following risk factors and all other information contained in these terms before deciding to use any of the TrūSwap+ Services. To the best of our knowledge and belief, the risk factors which are material to you in making an informed judgement to use the TrūSwap+ Services have been set out below.
Risks relating to the TrūSwap+ Services we may experience system failures, unplanned interruptions in our network or TrūSwap+ Services, hardware or software defects, security breaches or other causes that could adversely affect our infrastructure network, the sites and the TrūSwap+ Services we are unable to anticipate when there would be occurrences of network attacks & vulnerabilities on the sites, third party integrated applications, the Smart Contract, or any technology (including but not limited to staking and Smart Contract technology) or any other network on which the TrūSwap+ Services relies. Such events may include, for example, flaws in programming or source code leading to exploitation or abuse thereof. We may not be able to detect such network attacks & vulnerabilities in a timely manner, and may not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.
Our TrūSwap+ Services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of our TrūSwap+ Services, such as disruptions caused by software viruses or attacks by unauthorised users, some of which are beyond our control. Although we will take steps to guard against malicious attacks on our appliances and infrastructure, which are critical for the maintenance of the sites and the TrūSwap+ Services, there can be no assurance that network attacks & vulnerabilities will not be attempted in the future, and that any of our enhanced security measures will be effective. We may be prone to attacks on our infrastructure intended to steal information about technology, financial data or user information or take other actions that would be damaging to us and users.
We are dependent in part on the location and data centre facilities of third parties our infrastructure network is in part established on servers which are owned or housed at the location facilities of third parties, and/or servers that it rents at data centre facilities of third parties. If we are unable to maintain such network on commercially reasonable terms or at all, we may be required to transfer our TrūSwap+ Services to a new data centre facility, and may incur significant costs and possible service interruption in connection with the relocation. These facilities are also vulnerable to damage or interruption from, among others, natural disasters, arson, terrorist attacks, power losses, and telecommunication failures. Additionally, the third party providers of such facilities may suffer a breach of security as a result of third party action, employee error, malfeasance or otherwise, and a third party may obtain unauthorised access to the data in such servers. As techniques used to obtain unauthorised access to, or to sabotage systems change frequently and generally are not recognised until launched against a target, the TrūSwap+ Group and the providers of such facilities may be unable to anticipate these techniques or to implement adequate preventive measures.
Legality of the TrūSwap+ Services, staking, Smart Contract and/or TrūQoin and other Digital Tokens may be subject to clarification, implementation or change the applicable laws in relation to the TrūSwap+ Services, staking, Smart Contract and/or the TrūQoin and other Digital Tokens in various jurisdictions may be uncertain and/or subject to clarification, implementation or change. In the event of such clarification, implementation or change, the availability of the TrūSwap+ Services, staking, Smart Contract and/or the TrūQoin and other Digital Tokens (in connection with the TrūSwap+ Services) may be adversely affected, including but not limited to the suspension or deactivation of the TrūSwap+ Services or a prohibition against staking and access to the Smart Contract.
Further, it is difficult to predict how or whether governments or regulatory authorities may clarify, implement or change any applicable laws affecting digital ledger technology and its applications, including the TrūSwap+ Services, staking, Smart Contract and TrūQoin and other Digital Tokens. We may also have to cease operations in a jurisdiction that makes it illegal to operate in such jurisdiction, or make it commercially unviable or undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.
The sites, Smart Contract, and underlying networks in relation to the TrūQoin and other Digital Tokens are exposed to risk of attacks while we will take steps to ensure that sites are secure, there is no assurance that the sites, Smart Contract and underlying networks in relation to the TrūQoin and other Digital Tokens will not be subject to network attacks & vulnerabilities. Such events may occur as a result of, for example, flaws in programming or source code leading to exploitation or abuse thereof. In such event(s), the TrūSwap+ Services may be disrupted and the TrūQoin and other Digital Tokens may even be stolen or diverted to a different address. Unless you specifically obtain private insurance to insure your TrūQoin and other Digital Tokens, you may not have any recourse as a result of such loss of TrūQoin and other Digital Tokens.
There may be unanticipated risks arising from the use of the TrūSwap+ Services staking and technologies involving proof-of-stake, smart contracts and other related distributed protocols are novel, experimental and speculative, and therefore there is significant uncertainty regarding the application of and viability of such technology. In addition to the risks included hereto, there are other risks associated with your use of the TrūSwap+ Services, including those that we cannot anticipate. Such risks may further materialise as unanticipated variations or combinations of the risks discussed hereto.
General risks relating to staking and cryptographic TrūQoin and other Digital Tokens
understanding cryptographic token technology requires technical knowledge cryptographic TrūQoin and other Digital Tokens are based on complex often described in exceedingly technical language that may require a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks. The availability of the TrūSwap+ Services do not indicate approval or disapproval of the underlying technology regarding staking, the Smart Contract and/or the TrūQoin and other Digital Tokens, and should not be used as a substitute for your own understanding of the risks specific to the TrūSwap+ Services, staking, the Smart Contract and/or the TrūQoin and other Digital Tokens. We give you no undertaking or warranty as to the suitability of the sites, TrūSwap+ Services, staking, Smart Contract and/or the TrūQoin and other Digital Tokens under these terms and assume no duty in our relations with you. By using the TrūSwap+ Services, you acknowledge and agree that you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms, and other material characteristics of digital ledger and blockchain assets, cryptographic TrūQoin and other Digital Tokens including digital ledger and blockchain-based software systems, cryptographic token wallets or other related token storage mechanisms, digital ledger and blockchain technology, proof-of-stake mechanisms, proof-of-activity-mining mechanisms, staking, and Smart Contract technologies.
None of the information available on the sites or made available to you in relation to the use of TrūSwap+ Services constitutes advice none of the information available on the sites or made available to you in relation to the use of TrūSwap+ Services constitutes any advice, including but not limited to legal, tax, financial or trading advice. If you are in any doubt as to the action you should take, you should consult your legal, financial, tax or other professional advisors.
Digital token transfers may not be reversible transactions which have been signed by the transferor and verified on a digital ledger or blockchain network are generally immutable and effectively irreversible. In the event that you send digital tokens to any other destination other than the intended address, such digital tokens may not be returned.
None of the TrūSwap+ affiliates (including the TrūQoin Mining Cooperative, miners, or swappers) assumes any responsibility or makes any warranties or undertakings and shall have no obligation to you if any of the foregoing events occur, including but not limited to any responsibility to recover, or aid / assist in the recovery, of such digital tokens.
The reward for consistent Swapper Activity is an exponentially growing percentage of the cuurent mining block of TrūQoin. Only Swappers can Get Catches of TrūQoin. Swapper Multipliers "Multi's" are applied to Swapper Activities of getting Catches. All Multi's are applied to the amount of TRON in the selected Catch.
| CatchMulti - Increases by 1 for each Catch obtained in a Mining Block. | |
| BlockMulti - Increases by 1 for each consecutive Block a Catch is obtained. | |
| SizeMulti - Selected when a Catch size selected. |
TronLink Wallet Verification |
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Verified as by TronLink wallet address: | Connecting |
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Verified as by TrūQoin Miner: | Verifying |