Swap Terms of Service for Individuals

These Swap Terms of Service for Individuals (the “Swap Terms”) govern your use of the crypto-to-crypto exchange service made available through the swap interface on https://mercuryo.io and the Mercuryo Widget (the “Swap Service”).

The Swap Service is provided by MONEYMAPLE TECH LTD, a company incorporated in Canada under company number BC1306168 and registered with the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”) as a Money Services Business, registration number M21565803 (“MoneyMaple”, “we”, “us” or “our”).

By creating, confirming, funding, or otherwise using a Swap Order, you confirm that you have read, understood, and accepted these Swap Terms.

These Swap Terms supplement any other terms, policies, disclosures, consents, and privacy notices made available to you in connection with the Mercuryo website or Widget. If there is a conflict between these Swap Terms and other general Mercuryo terms in respect of the Swap Service, these Swap Terms prevail to the extent of that conflict.

1. ELIGIBILITY AND AVAILABILITY

1.1. The Swap Service allows eligible users to exchange one Crypto-Asset for another Crypto-Asset, including an exchange of the same Crypto-Asset across different blockchain networks.

1.2. The Swap Service is available only to individuals who:

1.2.1. Are at least 18 years old and have the legal capacity to enter into a binding agreement.

1.2.2. Have successfully completed any identity verification, due diligence, sanctions screening, and other checks we require.

1.2.3. Are not located in, resident in, citizen of, or tax resident in an Excluded Jurisdiction.

1.2.4. Are not a Sanctioned Person and do not use the Swap Service for the benefit of a Sanctioned Person or in connection with a Sanctioned Jurisdiction.

1.2.5. May lawfully use the Swap Service under the laws applicable to them.

1.3. The Swap Service is not offered in the United States or its territories, the European Union, the European Economic Area, or the United Kingdom (together, “Excluded Jurisdictions”), or in any sanctioned jurisdiction or any jurisdiction where provision of the Swap Service would breach applicable law, regulation, sanctions, or our internal risk policies.

1.4. We may determine, amend, restrict, or withdraw geographic availability at any time. You are responsible for ensuring that your use of the Swap Service is lawful in your jurisdiction.

1.5. You must not use technical means, including a virtual private network, proxy, or other method, to conceal your location or evade geographic restrictions.

2. DEFINITIONS

2.1. In these Swap Terms, the following expressions have the meanings set out below:

“Crypto-Asset” means a digital representation of value or rights that can be transferred or stored electronically using distributed ledger technology or similar technology.

“Deposit” means the Crypto-Asset that you send to the Deposit Address for a Swap Order.

“Deposit Address” means the single-use blockchain address generated for a specific Swap Order to which you must send the Deposit.

“Network Fee” means the blockchain network fee incurred or estimated in connection with transmitting Crypto-Assets to the Payout Address or returning Crypto-Assets to a Refund Address.

“Payout Address” means the blockchain address that you provide for receipt of the output Crypto-Asset from an executed Swap.

“Quote” means the fixed exchange rate, applicable fees, and estimated or stated output amount presented to you before you create and confirm a Swap Order.

“Quote Validity Period” means the six-hour period beginning when a Swap Order is created, during which we await receipt of your Deposit.

“Refund Address” means the blockchain address you provide when creating a Swap Order for the return of your Deposit if the Swap is not executed.

“Swap” means an exchange of one Crypto-Asset for another Crypto-Asset, including the exchange of the same Crypto-Asset across different blockchain networks.

“Swap Fee” means our remuneration for providing the Swap Service.

“Swap Order” means your confirmed instruction for us to perform a Swap on the terms shown in the applicable Quote.

“Supported Assets and Networks” means the Crypto-Assets, blockchain networks, transaction types, and transaction limits that are made available in the Widget or identified in the Help Centre from time to time.

3. CREATING AND FUNDING A SWAP

3.1. To create a Swap Order, you must select the relevant Crypto-Assets and networks, provide a Payout Address and a Refund Address, review the Quote, applicable fees, and expected output amount, and confirm the Swap Order.

3.2. Following confirmation, we will generate a Deposit Address. You must send one Deposit, in the specified Crypto-Asset, on the specified blockchain network, and in the specified amount, to that Deposit Address.

3.3. Each Deposit Address is generated for one Swap Order only. You must not reuse a Deposit Address unless we expressly permit you to do so. Crypto-Assets sent to a Deposit Address after the relevant Swap Order has been completed, cancelled, expired, or otherwise closed may not be recoverable.

3.4. Only one Deposit is permitted per Swap Order. If more than one transfer is sent to the Deposit Address, we may treat the additional transfer as a non-matching Deposit under Section 5.

3.5. A Deposit is received only when it has been confirmed on the relevant blockchain network to the confirmation level required by us for that network. A transaction identifier, wallet status showing “sent,” or broadcast of a transaction to a blockchain network does not establish that we have received the Deposit.

3.6. The Quote Validity Period applies until the Deposit is received by us, not until you initiate or send the transaction. You are responsible for selecting an appropriate blockchain network fee and allowing sufficient time for the required network confirmations.

3.7. Network confirmation times depend on network conditions, the network fee selected by you, and other circumstances beyond our control.

3.8. You are solely responsible for the accuracy, ownership, control, compatibility, and availability of the Payout Address and Refund Address. You must ensure that each address supports the relevant Crypto-Asset and blockchain network.

4. QUOTES AND FIXED RATE

4.1. Subject to these Swap Terms, Swaps are quoted and intended to be executed at a fixed rate.

4.2. A Quote is valid for six hours from the creation of the relevant Swap Order.

4.3. The Quote applies only if the Deposit:

4.3.1. Is received during the Quote Validity Period.

4.3.2. Is sent in the Crypto-Asset specified in the Swap Order.

4.3.3. Is sent through the blockchain network specified in the Swap Order.

4.3.4. Matches the amount specified in the Swap Order.

4.3.5. Complies with applicable transaction limits, verification requirements, and our compliance controls.

4.4. Notwithstanding the Quote Validity Period, we may decline to execute a Swap and return the Deposit where market conditions have moved such that execution at the quoted rate is no longer commercially or operationally viable. This right may be exercised during the Quote Validity Period and is not limited to circumstances where a Quote has expired.

4.5. If we decline to execute under Section 4.4, we will return the Deposit in accordance with Section 6, less applicable Network Fees and any permitted costs.

5. NON-MATCHING DEPOSITS

5.1. If a Deposit does not match the relevant Swap Order, the Quote does not apply. Depending on the nature and extent of the discrepancy, we may, in our discretion:

5.1.1. Execute the Swap on revised terms and at a revised output amount; or

5.1.2. Decline to execute the Swap and return the Deposit in accordance with Section 6.

5.2. A non-matching Deposit includes a Deposit where:

5.2.1. The received amount differs from the amount specified in the Swap Order.

5.2.2. The Deposit is received after the Quote Validity Period.

5.2.3. The Deposit falls outside applicable transaction limits.

5.2.4. More than one transfer is received at the same Deposit Address.

5.2.5. The Deposit otherwise fails to satisfy the conditions in Section 4.3.

5.3. You are solely responsible for sending the correct Crypto-Asset, through the correct network, with any required memo, tag, destination tag, or other routing information. Deposits sent through an incorrect network, in an incorrect asset, or with missing or incorrect memo or tag information will not be executed and may be permanently lost.

5.4. We have no obligation to investigate, trace, recover, or return Crypto-Assets sent incorrectly. We may consider a recovery request at our sole discretion, but do not guarantee that recovery is possible. We may not have access to the relevant wallet, address, protocol, or technical functionality required for recovery. If we attempt recovery, we may deduct applicable Network Fees, third-party fees, technical costs, and administrative costs from any amount returned to you.

5.5. If a token does not correspond to the contract address of the Crypto-Asset specified in the Swap Order, including a token that imitates the name, symbol, or branding of a supported Crypto-Asset, it will not be recognised by our systems and will neither be exchanged nor returned.

5.6. Unsupported assets are not accepted. Supported Assets and Networks, transaction limits, and available transaction types are displayed in the Widget or Help Centre and may change without prior notice.

6. RETURNS AND REFUNDS

6.1. If a Swap is not executed and a return is available, we will return the relevant Deposit to the Refund Address provided when the Swap Order was created.

6.2. If no Refund Address was provided, or if the Refund Address is invalid, incompatible, inaccessible, or otherwise unusable, we may attempt to return the Deposit to the address from which it originated, where technically feasible and permitted by law and our compliance controls.

6.3. You are solely responsible for providing a correct, controlled, compatible, and usable Refund Address. We are not liable for loss arising from an incorrect, incompatible, inaccessible, or unavailable Refund Address.

6.4. Returns are made in the deposited Crypto-Asset, less applicable Network Fees and any costs or deductions permitted under Section 5.4.

6.5. We will use reasonable efforts to process returns without undue delay. However, return timing may be affected by blockchain conditions, liquidity availability, third-party providers, technical issues, verification, transaction monitoring, AML/CTF and sanctions checks, requests for information or documents, legal obligations, or events outside our reasonable control.

6.6. Where Crypto-Assets are frozen, retained, or subject to enhanced verification or transaction-monitoring review, a return may take a substantial period of time. You may be required to provide further information or documents regarding your identity, source of funds, source of wealth, ownership of an address, or the relevant transaction.

6.7. Once a Swap has been executed and the output Crypto-Asset has been sent to the Payout Address, the Swap is final. It cannot be reversed, cancelled, amended, or refunded.

6.8. If a Swap cannot be completed and Crypto-Assets cannot be returned to you, we may treat the Crypto-Assets as unclaimed funds in accordance with the applicable unclaimed-funds provisions in the relevant Mercuryo terms, policies, or notices, as amended from time to time.

7. FEES

7.1. The cost of a Swap consists of the Swap Fee and the Network Fee.

7.2. The Swap Fee, estimated Network Fee, and expected output amount are reflected in the Quote presented before you confirm a Swap Order.

7.3. Network Fees depend on congestion and conditions of the relevant blockchain network at the time an output transfer or return is sent. Any Network Fee shown at order creation is an estimate; the Network Fee actually incurred may differ.

7.4. You authorise us to deduct applicable fees and permitted costs from the Deposit or output amount, as reflected in the Quote or otherwise permitted under these Swap Terms.

8. EXECUTION, FINALITY AND MISUSE

8.1. We are not obliged to accept or execute a Swap Order. We may decline, delay, suspend, cancel, or refuse to process a Swap Order or Deposit where we reasonably consider this necessary or appropriate due to applicable law, sanctions, AML/CTF obligations, fraud prevention, risk controls, network conditions, security concerns, liquidity availability, technical errors, or our internal policies.

8.2. Once you confirm a Swap Order and send a Deposit, you may not withdraw, cancel, or amend that Swap Order.

8.3. We will use reasonable efforts to execute and complete Swaps without undue delay. However, we do not guarantee a particular execution or completion time, and time is not of the essence.

8.4. Delays may result from blockchain congestion, outages, reorganisations, forks, protocol changes, liquidity availability, third parties in the transaction chain, identity verification, compliance checks, requests for further information, maintenance, security incidents, or events outside our reasonable control.

8.5. A delay does not by itself constitute a breach of these Swap Terms. Subject to liability that cannot lawfully be excluded, you are not entitled to cancel a Swap Order, require a different exchange rate, or claim compensation solely because a Swap is delayed.

8.6. Where a Swap is materially delayed, we will provide status information to the extent reasonably practicable and legally permitted. We may withhold information where disclosure is prohibited, could prejudice an investigation, or could compromise compliance, fraud-prevention, or security measures.

8.7. You must not exploit, attempt to exploit, or seek to benefit from pricing discrepancies, delays, errors, vulnerabilities, system faults, or other abnormal conditions to obtain a rate that does not reflect prevailing market conditions. If we reasonably believe this has occurred or been attempted, we may decline execution, return the Deposit where appropriate, and restrict, suspend, or terminate your access to the Swap Service.

8.8. Please note that blockchain transfers are generally irreversible. Once output Crypto-Assets are sent to the Payout Address, we cannot recall or reverse the transfer.

9. TEMPORARY HANDLING OF CRYPTO-ASSETS

9.1. Between receipt or acceptance of a Deposit and completion of a Swap or return, Crypto-Assets may be held or controlled by us solely for the limited purpose of executing the Swap, conducting required checks, or processing a return.

9.2. Such temporary handling does not constitute custody, safekeeping, an account balance, deposit-taking, investment management, or wallet-hosting service. No interest accrues to you on Crypto-Assets handled in connection with a Swap.

10. VERIFICATION, MONITORING AND SUSPENSION

10.1. Use of the Swap Service is subject to identity verification, due diligence, AML/CTF controls, sanctions screening, blockchain analytics, fraud prevention, and transaction monitoring.

10.2. We may screen the Deposit, Deposit Address, Payout Address, Refund Address, related blockchain activity, and other relevant transaction information. We may decline, delay, suspend, or refuse to accept or execute a Swap where our risk assessment is unacceptable or further review is required.

10.3. You must provide information and documents we reasonably request to verify your identity, eligibility, source of funds, source of wealth, ownership or control of a blockchain address, or the purpose and nature of a transaction.

10.4. If required by law, a competent authority, or our legal and regulatory obligations, we may freeze, retain, block, report, or otherwise restrict Crypto-Assets or activity for as long as necessary. Where legally prohibited, we are not required to disclose the reason for an action or the existence of a related investigation.

11. RISK DISCLOSURES

11.1. Crypto-Asset prices are highly volatile. The value of Crypto-Assets received in a Swap may decline materially and rapidly after the Swap is completed.

11.2. You must carefully verify all transaction details, including the Crypto-Assets, amounts, blockchain networks, Payout Address, and Refund Address, before confirming a Swap Order. Incorrect details may result in permanent loss.

11.3. Blockchain networks may experience congestion, outages, delays, reorganisations, forks, protocol changes, security incidents, or other disruptions. These events may delay, prevent, or affect the execution or return of Crypto-Assets and may be outside our control.

11.4. You are responsible for safeguarding your wallets, private keys, access credentials, and any third-party wallet services. We do not control or recover your private keys or external wallets.

12. COMPLAINTS AND SUPPORT

12.1. If you have a question or complaint about a Swap, contact Mercuryo Support through the applicable support channel and provide the relevant Swap Order identifier.

12.2. Complaints will be handled under the applicable Mercuryo support and complaints procedure, subject to any mandatory legal requirements that apply to you or the Swap Service.

13. CHANGES TO THESE SWAP TERMS

13.1. We may amend these Swap Terms from time to time. The latest version will be published on the Mercuryo website with its effective date.

13.2. Continued use of the Swap Service after the effective date of an updated version constitutes acceptance of the updated Swap Terms, to the extent permitted by applicable law.