Terms of Service

1.1 These Terms form a legal agreement between MindSwap ("MindSwap", "we", "us", "our") and any user, visitor, or client who accesses the Services ("you", "your").

1.2 MindSwap is operated by MSA Group Ltd, a company organized under the laws of the Republic of the Marshall Islands, with its registered address at Trust Company Complex, Ajeltake Road, Uliga Island, Majuro, Republic of the Marshall Islands, MH 96960.

1.3 The MindSwap services (the "Service") are provided through mindswap.io and related web pages, widgets, and mobile applications.

1.4 MindSwap enables cryptocurrency exchanges (the "Exchange") based on an order created by the user (an "Order").

1.5 One Order parameter is the exchange rate type: fixed ("Fixed rate") or floating ("Float rate"). Fixed rate locks the rate shown at Order creation, while float rate changes with market conditions. The final rate is set once your transaction reaches the required blockchain confirmations.

1.6 Headings are included for convenience only and do not affect interpretation of these Terms.

1.7 If you do not read and accept these Terms, you must not use the Service.

2.1 You confirm that you are an individual or legal entity with full capacity to use the Service. By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, or you have permission from a legal representative or guardian.

2.2 You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or access to the Service without our express written permission.

2.3 To perform an Exchange, you must create an Order that specifies direction, amount, rate type, and the receiving address. You then send funds to the generated address (and any required MEMO or destination tag) shown on the Order page.

2.4 Only one transaction is allowed per address.

2.5 When selecting a Fixed rate, you acknowledge that MindSwap will send the exact amount displayed on the Order page only if all of the following apply:

• The transaction reaches the mempool or a block within 10 minutes of Order creation.
• You send the exact amount shown on the Order page (excluding network and withdrawal fees).
• The market rate does not move by more than 1.2% between Order creation and mempool entry.

If these conditions are not met, the Order cannot be executed at the original Fixed rate. You may choose to continue at the updated rate (when possible) or request a refund minus the network fee.

2.6 When selecting a Float rate, you acknowledge that the displayed rate is approximate and may change over time. Service and network fees are included in the final displayed rate. The final exchange rate is set within 10 minutes after your transaction reaches the required confirmations.

2.7 If your transaction does not reach the Service address within 30 minutes for a Float rate Order or 10 minutes for a Fixed rate Order, the Order switches to "Order expired". If funds arrive within 24 hours of Order creation, they are attached to the Order and you can choose to proceed at the current rate or request a refund minus the network fee.

2.8 Sending funds after 24 hours from Order creation is a violation of the Exchange rules.

2.9 Minimum and maximum exchange amounts are displayed on the main page in the "Send" and "Receive" fields. Sending less than the minimum is prohibited. If you send more than the maximum, the Order page provides a form to return the excess amount while the remainder is exchanged.

2.10 You are fully responsible for the correctness of the exchange direction, receiving address, rate type, and amount, and for understanding the selected currencies and networks. MindSwap is not responsible for transactions sent to incorrect details. You may provide an email address to receive Order status notifications before payment, which includes Order details for verification.

2.11 Automatic refunds through the Order form to Service addresses, including addresses of other Orders, are prohibited and violate the Exchange rules.

2.12 You must send funds in a single transaction for the Order you created, using the same currency and blockchain network selected in that Order.

2.13 Sending funds to the Order address in a currency or blockchain network different from the one specified in the Order violates the Exchange rules.

2.14 Orders are executed fully automatically. If you contact support requesting suspension, data changes, or a refund, MindSwap may refuse without providing a reason.

2.15 Suspension to change the receiving address or request a refund is possible only if you provided an email address on Order creation or created the exchange from a registered account. You must email us from that address with the requested changes. Requests are reviewed within 24 hours after suspension and receipt of your email.

2.16 Sending funds more than 24 hours after Order creation remains a violation of the Exchange rules.

2.17 Creating an Order that specifies a Service address from another Order is a violation of the Exchange rules.

2.18 Sending funds in more than one transaction for a single Order is a violation of the Exchange rules.

2.19 Transactions sent through third-party smart contracts are prohibited unless expressly allowed on the Order page.

2.20 You must not create and pay for a new Order in the same exchange direction until the previous Order is fully completed.

2.21 Exchange or refund options for rule violations are described in Section 4.

2.22 Orders are accessed via a URL containing the Order ID and the receiving address you entered. If you lose the link or Order ID, you may contact support to locate the Order. You must provide full Order details (exchange direction, sending transaction, and receiving address). If you do not provide complete data, the Order search will be refused.

2.23 If you created an Order and sent funds in compliance with these Terms, but MindSwap cannot complete the Exchange or return the funds for technical reasons, we will offer a solution based on current capabilities within 24 hours.

2.24 If you created an Order and sent funds in compliance with these Terms, but external factors beyond MindSwap prevent completion, the completion time is not regulated and depends on resolving those factors.

2.25 You are responsible for preserving Order information. If the Order page is closed, Order data is lost, an email is not provided, or email access is unavailable, MindSwap is not responsible for resulting consequences, including inability to provide Order details or continue processing.

2.26 The Service is non-custodial, meaning we do not store your funds on deposits or balances.

2.27 We reserve the right to refuse service to anyone for any reason at any time.

2.28 We reserve the right to modify or discontinue the Website (or any part of it) without notice at any time.

2.29 Using an email address.

2.29.1 When creating an account or providing an email on the Order page for notifications, you must supply a valid email address that you control.

2.29.2 If you provide an invalid or non-owner email address, MindSwap may temporarily suspend the account until ownership is confirmed, and may permanently delete the account without recovery.

2.29.3 Repeatedly providing email addresses that do not belong to you is considered a deliberate violation and may result in sanctions, including access restrictions, permanent account blocking, and refusal of further service.

3.1 Prices for our services may change without notice.

3.2 We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

3.3 MindSwap commissions, as well as fees for sending transactions and consolidating incoming funds, are included in the final exchange rate shown when an Exchange is created.

3.4 The number of confirmations required for a transaction to be accepted varies by cryptocurrency and may change at MindSwap's discretion without notice.

4.1 If funds are sent more than 24 hours after Order creation, the transaction will be attached within 24 hours after your request is registered. You may choose to continue at the market rate at the time of attachment or request a refund.

4.2 Only one transaction per Order is processed. If two or more transactions are received, only the first is exchanged. Other transactions are exchanged at the current market rate at the time of manual processing or refunded minus network fees within 24 hours after your request is registered.

4.3 If you indicated a Service address from another Order when creating an Order or during an automatic refund, you must provide your own address for exchange or refund when contacting support. Funds are sent within 24 hours after your request is registered, recalculated to account for additional miner and consolidation fees.

4.4 If funds are sent or returned to a MindSwap address from which they were previously sent, you must inform support and provide a return address. We may request proof that the transaction was initiated by you. Refunds are sent within 14 days after receiving all required evidence.

4.5 If you sent less than the minimum limit, an automatic refund form may be available on the Order page. MindSwap reserves the right to refuse a refund.

4.6 If you sent more than the maximum limit and the refund did not occur automatically due to technical issues, you must contact support. Refunds are issued within seven (7) days after your request is registered and only to the sending address.

4.7 Transactions sent via third-party smart contracts are not automatically processed. You must notify support. The transaction will be attached within seven (7) days after your request is registered.

4.8 Sending funds to a blockchain network other than the one specified in the Order.

4.8.1 If the funds were sent on a different network and that network is supported by MindSwap, the request will be processed within seven (7) days after registration. You may choose to proceed at the rate at the time of attachment or request a refund.

4.8.2 If the funds were sent on a different network that is not supported by MindSwap, the request will be processed within thirty (30) days after registration. Refunds are available only if the amount exceeds twenty (20) USD. Restoration and return fees depend on complexity and are set case-by-case, but not less than ten (10) USD. MindSwap may refuse to refund without providing reasons.

4.9 Sending funds in a currency other than the one specified in the Order.

4.9.1 If a different currency is sent on the same network and that currency is supported, the request is processed within seven (7) days after registration. You may proceed at the rate at the time of attachment or request a refund.

4.9.2 If a different currency is sent on a different network, and both the currency and network are supported, the request is processed within seven (7) days after registration. You may proceed at the rate at the time of attachment or request a refund.

4.9.3 If a different currency is sent on the same network but the currency is not supported, the request is processed within thirty (30) days after registration. Refunds are available only if the amount exceeds twenty (20) USD. You must pay the return transaction fee (miner fee) and a service fee of ten (10) USD.

4.9.4 If a different currency is sent on a different network that is supported, but the currency is not supported, the request is processed within thirty (30) days after registration. Refunds are available only if the amount exceeds twenty (20) USD. You must pay the return transaction fee (miner fee) and a service fee of ten (10) USD.

4.9.5 If a different currency is sent on a different network that is not supported, the request is processed within thirty (30) days after registration. Refunds are available only if the amount exceeds twenty (20) USD. Restoration and return fees depend on complexity and are set case-by-case, but not less than ten (10) USD. MindSwap may refuse to refund without providing reasons.

4.10 If the Order required additional parameters (MEMO, destination tag, comment, or similar) and you sent a transaction without them or with incorrect parameters, your funds may be irretrievably lost. If this happens, notify support and provide evidence that the transaction was initiated by you. Recovery and return fees are 10% of the amount, but not less than ten (10) USD. Requests are reviewed within 14 days after evidence is provided. If evidence is not provided within two weeks, we will refund to the sending address without additional parameters. MindSwap may refuse to return these funds without providing reasons. Refunds are available only if the amount exceeds ten (10) USD.

4.11 User communication with MindSwap in case of Exchange rule violations.

4.11.1 If the Order was created through mindswap.io or an official MindSwap Telegram bot, communication with support is handled exclusively by the sender of funds. If fraud is suspected, we may suspend processing until verification is completed. The sender must contact us by email and provide requested information. If the sender refuses or the information is insufficient, we may refund the funds to the sender address without additional parameters. If the sending address cannot be established or appears compromised, funds are frozen until an official request is received from law enforcement.

4.11.2 If the Order was created through a Partner service, the sender or Partner representative may contact support. For suspected fraud, verification and decision-making are performed by the Partner, and we suspend processing until we receive the Partner's conclusion and guidance.

4.12 User contact information requirements.

4.12.1 You must provide a current and valid email address when placing an Order. Temporary, invalid, or inaccessible addresses are not allowed.

4.12.2 The email address specified in the Order cannot be changed.

4.12.3 We may refuse to process an Order if you do not have full Order information, refuse to contact us from the email specified in the Order, or if we have reason to believe the person contacting us is not the sender of funds.

4.13 Processing time for Orders that violate the Exchange rules.

4.13.1 During periods of high workload, we may increase processing time for Orders in violation of the Exchange rules.

4.13.2 For repeated violations, we may extend processing time up to two (2) months and refuse further service.

5.1 MindSwap may restrict or deny services in certain countries.

5.2 Use of the Service is prohibited to citizens and residents of the United States of America, as well as individuals and entities located in countries on the United Nations Sanctions List. Any individual or entity located in such countries, regardless of nationality or citizenship, is prohibited from using the Service. Any attempt to use the Service from a prohibited location is strictly forbidden.

5.3 The Service may not be used in countries where cryptocurrency usage or use of the Service is prohibited by applicable law.

5.4 MindSwap may use various methods to prevent use of the Service from prohibited jurisdictions. You must comply with this rule even if those methods are ineffective or can be bypassed.

6.1 In addition to other prohibitions in these Terms, you may not use the Website or its content:

• For any unlawful purpose.
• To solicit others to participate in unlawful acts.
• To violate any international, federal, provincial, state, or local laws or regulations.
• To infringe our intellectual property rights or those of others.
• To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• To submit false or misleading information.
• To upload or transmit viruses or malicious code that affects the Service or other websites.
• To collect or track the personal information of others.
• To send spam, phishing messages, or scrape data using parsers.
• For any obscene or immoral purpose.
• To interfere with or circumvent the security features of the Service or the Internet.

6.2 Using the Service to launder criminal funds is forbidden. If criminal funds are sent to our addresses, the funds may be frozen until information about their origin and legality is provided. Required information is described in Section 7.

6.3 It is prohibited to send funds linked to sanctioned addresses or contracts. You must ensure that funds sent to us are not associated with sanctions. If such funds are detected, we may suspend services and freeze received funds. MindSwap determines applicable sanctions regimes based on requirements from the United Nations, the EU, and the USA.

6.4 It is prohibited to send funds linked to centralized services that openly facilitate laundering, refuse AML compliance, or violate sanctions regimes. If such funds are detected, we may suspend services and freeze received funds.

6.5 Actions designed to simulate use of the Service without a real exchange, including intentional rule violations to obtain refunds, are prohibited. Such abuse may result in suspended processing, requests for clarification, and KYC/SoF procedures. Based on verification results, we may exchange or refund funds only to the original sending address. If intentional misuse causes losses, we may seek compensation.

6.6 We reserve the right to terminate your use of the Service for violating these prohibitions.

7.1 You do not need to register or log in to use the Service. However, if funds are clearly linked to criminal activity, your Order may be suspended and you may be asked to provide origin details. In case of suspension, you must subscribe to the Order and contact us by email at [email protected] from the email address specified on the Order page. All subsequent communication is handled exclusively via email.

7.2 MindSwap may determine a direct link to criminal activity based on information from partners, public sources, victim complaints, and law enforcement requests.

7.3 MindSwap may decline to disclose the source of information about suspected criminal links.

7.4 You acknowledge that transactions may be verified using MindSwap's security systems.

7.5 You agree to provide complete details about the origin of funds upon suspension of an Order and our request.

7.6 You warrant that any origin information provided is true, accurate, current, and complete, and you are responsible for its accuracy and completeness.

7.7 Origin data must be provided directly by the sender of funds under the Order.

7.8 If you refuse to provide origin data, provide false data, or the data confirms a link to criminal activity, MindSwap may freeze the funds for return to victims with law enforcement assistance.

7.9 In certain cases where you cannot provide sufficient evidence of funds origin, or where there is a personal connection to the alleged criminal sender, you may be required to complete identity verification. Refunds are made only after verification and exclusively to the original sending address.

7.10 MindSwap may restrict access to services, including suspending new Orders, if you are under investigation for fraud, money laundering, or other illegal activities.

8.1 By accepting these Terms, you authorize MindSwap to process your personal data and transfer it outside the jurisdiction where you reside or are located.

8.2 By accepting these Terms, you authorize MindSwap to process and store your personal data.

8.3 We may share certain user data (including IP addresses) with business partners or government bodies upon request to prevent or investigate illegal actions.

8.4 You authorize the transfer of your personal data to partners and authorities upon request for the purpose of preventing or disclosing prohibited activities.

8.5 Certain personal information is protected according to the Privacy Policy.

9.1 We are not responsible if information on the Website is inaccurate, incomplete, or not current. The material is provided for general information only and should not be relied on as the sole basis for decisions without consulting primary sources. Any reliance is at your own risk.

9.2 The Website may include historical information that is not current. We may modify content at any time and have no obligation to update information. You are responsible for monitoring changes.

10.1 If you send us submissions or materials ("comments"), whether requested or not, you agree that we may edit, copy, publish, distribute, translate, and otherwise use them in any media without restriction.

11.1 We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free.

11.2 We may remove the Service for indefinite periods or cancel it at any time without notice.

11.3 In no case shall MindSwap be liable for lost profits, lost revenue, lost savings, loss of data, or similar damages.

11.4 THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OR INDEMNITIES OF ANY KIND, EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING BUSINESS, REVENUE, PROFIT, DATA, EQUIPMENT, OR SOFTWARE LOSS (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), ARISING FROM USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, REGARDLESS OF THE BASIS FOR THE CLAIM.

11.5 We do not guarantee continuous, uninterrupted, or secure access to the Service, and you acknowledge that access may be affected by factors outside our control.

12.1 If applicable law does not allow some or all limitations, they apply only to the extent permitted. You are responsible for complying with the laws of your jurisdiction related to use of the Website. You are solely responsible for any taxes due under your tax residency rules.

12.2 We are not liable for losses resulting from hacking, tampering, virus transmission, unauthorized access or use of the Service or your account, unavailability of products, technical faults, or downtime of the infrastructure.

12.3 You agree to indemnify MindSwap, its officers, directors, employees, agents, and affiliates from any claims, costs, losses, liabilities, damages, expenses, or judgments arising out of or related to:

• Any breach of your representations, warranties, or obligations under these Terms.
• Your wrongful or improper use of the Service.
• Any other party's access to or use of the Service with your data.
• Any breach of any warranty, representation, or obligation hereunder.

12.4 You have no claim against us for failure to perform obligations due to force majeure, including strikes, labor shortages, delays in obtaining permissions, riots, political disturbances, natural events, government actions, or other causes beyond our control.

12.5 MindSwap is not responsible for phishing sites or chatbots that use our name or design.

13.1 Our failure to enforce any right or provision does not waive that right or provision.

13.2 These Terms and any policies or operating rules posted on the Website constitute the entire agreement between you and us and supersede prior agreements or communications.

13.3 Any ambiguity in interpreting these Terms shall not be construed against the drafting party.

14.1 Taxation of digital assets is limited in most jurisdictions. You may be subject to tax implications when buying or selling digital assets.

14.2 MindSwap is not responsible for determining whether taxes apply to your Exchanges or for collecting, reporting, withholding, or remitting any taxes.

14.3 MindSwap is not responsible for notifying you of tax reporting or payment obligations under your jurisdiction's laws.

14.4 You are responsible for complying with the laws of the country in which you are located.

15.1 You can review the most current version of these Terms at any time on this page.

15.2 We may update these Terms at our sole discretion by posting changes on our Website. It is your responsibility to review updates periodically. Continued use of the Service after changes are posted constitutes acceptance of those changes.

16.1 You acknowledge the risks associated with transactions in digital currencies and their derivatives.

16.2 You agree that your use of the Service is at your own risk.

16.3 You assume all risks associated with transactions in digital currencies and their derivatives. MindSwap is not responsible for such risks or adverse results.

17.1 MindSwap exclusively owns all rights, title, and interest in the "MINDSWAP" name, logo, service names, patents, copyrights (including derivative works), trademarks, service marks, logos, designs, trade secrets, and other intellectual property embodied in the Website and related materials.

17.2 You may not use any MindSwap logos, marks, or intellectual property for commercial or public use without our express permission unless explicitly permitted by MindSwap.

17.3 You may not copy, reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any MindSwap logos, marks, or intellectual property.

17.4 You may not make public statements or issue press releases related to MindSwap or its services without our express permission.

17.5 These Terms allow you to use MindSwap logos or marks for personal, non-commercial purposes only.

18.1 In connection with your use of the Service or interactions with MindSwap, you must not:

18.1.1 Breach these Terms or any policy approved by MindSwap and agreed to by you.

18.1.2 Violate any law, statute, ordinance, or regulation.

18.1.3 Infringe MindSwap or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.

18.1.4 Act in a manner that is defamatory, trade libelous, threatening, or harassing to our employees, agents, or other users.

18.1.5 Provide false, inaccurate, or misleading information.

18.1.6 Engage in potentially fraudulent or suspicious activity or transactions.

19.1 All disputes or disagreements arising from these Terms should be resolved through negotiation.

19.2 You agree that email correspondence with authorized MindSwap representatives at [email protected] is an effective and binding method for dispute settlement communication.

19.3 If the parties cannot agree within thirty (30) days, the dispute will be referred to and finally resolved by the relevant court.

19.4 To the extent permitted by law, you agree to bring any claim arising from these Terms within one (1) year from the date the claim arose. Otherwise, such claims are irrevocably waived.