Terms & Conditions
Table of Contents:
iv. General Obligations and Restrictions
vi. KYC and Reversal Transaction Policy
vii. Risk Disclosure Statement
x. Customer Complaints Procedure
xi. Discontinuance of Service, Suspension, and Termination
xii. Limitation of Liability, Disclaimer of Warranties
xiii. Applicable Law, Arbitration
i. Summary
Introduction
1.1 These Terms of Use and any terms expressly incorporated herein (“Terms”) apply to your access to and use of the websites and mobile applications provided by sereneswap.com. Sereneswap.com is owned and operated by Luca Investment Strategic Sp. z O.O., reg. number LLC23233, authorised to provide virtual currency service, with registered and operational address at 86 Hoża Street, Unit 210, Warsaw, Postcode 00-682, Poland.
1.2. By clicking the “create account” button or using the Service, you agree to be legally bound by these Terms of Use and all terms incorporated by reference.
Eligibility
2.1. You must meet the eligibility criteria to use Serene Swap. You must be an adult. Some locations are not available.
2.2. You may not engage in illegal activities using our Service.
Service
3.1. Serene Swap facilitates exchange services (buy/sell) encompassing a wide spectrum of Fiat currencies (including EUR) and Cryptocurrencies (such as BTC or ETH). It’s important to note that users with Canada as their country of residence and/or country of citizenship are eligible for exchanging BTC and ETH only; other coins are not available.
3.2. Serene Swap may suspend your account temporarily or permanently if you are not eligible to use the Service or breach these Terms of Use.
Risks
4.1. Engaging in any exchange operation in the Cryptocurrency market can be risky and potentially have significant losses.
4.2. Therefore, you should carefully consider whether using the Service suits you, considering your financial resources and other circumstances.
4.3. Cryptocurrencies are inherently unpredictable and unstable, will continue to be for the foreseeable future, and entail an inherent risk with hacks, transfer errors, and government sanctions out of control of Serene Swap.
4.4. Do not exchange funds you cannot afford to lose.
4.5. Serene Swap is not a trading site. Serene Swap does not endorse, support, or recommend any trading platform. Serene Swap is not liable for any loss or damage, including any loss of funds or profit.
4.6. Please don’t use Service if you do not understand these risks.
ii. Key Definitions
1. Capitalised terms not otherwise defined in these Terms will have the following meaning:
1.1. “Cryptocurrency” shall mean BTC, ETH, and any digital assets that may be purchased or sold via the Service.
1.2. “Exchange Fees” shall mean fees charged in connection with the Service at the applicable rates and computation methods specified in the Fee Schedule.
1.3. “External Account” shall mean any financial account of which you are the beneficial owner maintained by a third-party payment service of a financial institution.
1.4. “Force Majeure Event” shall mean an event beyond Serene Swap’s reasonable control, including but not limited to blockchain network failure, equipment for software malfunction, communications or power failure, the action of government, labour dispute, accident, riot, insurrection, war, fire, an act of God such as extraordinary weather conditions, earthquake, flood, or any other cause beyond Serene Swap’s reasonable control.
1.5. “Funds” shall mean Digital Asset, Legal Tender, or Fiat currency.
1.6. “Market Exchange Rate” shall mean the prevailing market exchange rate determined by our liquidity providers.
1.7. “Actual Exchange Rate” shall mean the exchange rate at which an exchange order was executed.
1.8. “Wallet” shall mean any Cryptocurrency address or account owned, controlled by you only, and operated outside of the Service.
1.9. “Service” shall mean the exchange of Fiat currency to Cryptocurrency and Cryptocurrency to Fiat currency.
1.10. “United States” shall mean the United States, District of Columbia, and Insular Possession of the United States.
1.11. “U.S. legal entity” shall mean as follows:
(a) A United States citizen, resident, a national or protected individual under 8 USC § 1324b(a)(3)
(b) A corporation or partnership organised under the Laws of the United States.
(c) A United States financial institution and its affiliates, branches, offices, or agents incorporated, organised, or located in the United States.
(d) An estate of a U.S. citizen or resident.
(e) A trust controlled by a U.S. citizen, resident, national, protected individual, company, or financial institution.
(f) A pension plan of an employee of a legal entity described in paragraph
(b) above, unless the plan is for a foreign employee.
(g) A legal entity organised or incorporated outside the United States, where a U.S. legal entity:
1. Holds a 50% or greater equity interest by votes or value of the entity.
2. Holds a majority of seats or memberships on the entity’s board of directors.
3. Directs, authorises, or otherwise controls the entity’s actions, decisions, or operations.
iii. Eligibility
1. Serene Swap may not make the Service available in all markets and jurisdictions.
2. If you are a U.S. legal entity (see “key definitions”), you are not eligible to use any Service.
3. You represent and warrant that you:
(a) are of legal age to form a binding contract; You are 18 years of age or older (and at least in the legal age in your jurisdiction);
(b) have full power and authority to enter into this Agreement and, in doing so, will not violate any other agreement to which you are a party;
(c) will not use our Service if any applicable laws in your country prohibit you from doing so in accordance with these Terms;
(d) are not located in, or a national or resident of any country to which the United States has embargoed goods or services;
(e) have not previously been suspended or removed from using our Service;
4. If you are registering to use the Service on behalf of a legal entity, you represent and warrant that
(a) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation;
(b) such a legal entity duly authorises you to act on its behalf.
5. Serene Swap may condition your access or continued access to Service by imposing eligibility requirements.
6. Serene Swap may require you to demonstrate that you continue meeting eligibility requirements.
iv. General Obligations and Restrictions
Introduction
1.1. These Terms of Use apply to users of the Serene Swap website.
1.2. By using any of the services defined below (“Service”), you acknowledge that you have read, understood, and agreed to these Terms of Use, as updated and amended occasionally. If you disagree to be bound by these Terms of Use, you may not access or use any services.
1.3. Only eligible Persons are permitted to use the Service. Any person not eligible to access the Site will breach these Terms of Use.
1.4. These Terms of Use and the articles of incorporation constitute the entire agreement and understanding with respect to the use of all services.
Serene Swap Account
2.1. You may have only one Serene Swap account per user of the Service.
2.2. When you create a Serene Swap Account, you agree to:
(a) Provide accurate, current and truthful information;
(b) Create a strong password that you do not use for other online services;
(c) Maintain the security of your account by not sharing your password with third parties.
(d) Promptly notify Serene Swap if you detect any suspicious activity on your account.
(e) Take responsibility for all activities that occur under your account.
Transfer of Funds to Serene Swap Account
3.1. You may transfer funds from an External Account of which you are the beneficial owner. This includes, but is not limited to, payment service accounts, deposit accounts by a financial institution, or Digital Asset Accounts.
3.2. An External Account may be used to deposit funds into your Serene Swap account or withdraw funds from your Serene Swap account.
3.3. The External Account must comply with all regulatory AML/KYC requirements.
3.4. You can deposit funds by credit card. Your deposit of funds to your Serene Swap account by credit card confirms that you have read, understood, and accepted these Terms of Use. Your credit card payments may be delayed or Rejected.
3.5. Your credit card company or a third-party processor may reject your credit card payment. Serene Swap will not be liable for any losses, fees, or charges connected to your credit card.
3.6. Using your credit card is subject to additional terms set forth by your credit card agreement, including additional fees.
3.7. In case of a chargeback, you will be liable for any resulting costs and fees. You authorise Serene Swap to deduct costs and fees related to the chargeback directly from your Funds without notice.
3.8. When making a credit card transaction on Coindrom, please note that we initially temporarily hold funds (authorisation) until all requirements, such as KYC/AML, are met. Only after successful completion of these requirements will we capture the transaction. If the capture fails, the order will be cancelled.
Communications
4.1. You consent to receive electronically all communications, agreements, documents, receipts, notices, tax forms, and disclosures Serene Swap provides in connection with the Service and your Serene Swap account.
4.2. You consent that Serene Swap may provide these communications by posting on web pages via the Service, emailing them to you at your email address, and sending a text message to a mobile phone number. Carrier’s messaging, data, or other fees may apply.
4.3. To access electronic communications, you must use a computer with an internet connection, a current web browser, and software to read PDF files.
4.4. You must keep a current email address, mobile phone number, and mail address on file with Serene Swap. You consent that Serene Swap sends you an electronic communication. Still, suppose you do not receive it because details are incorrect, outdated, or blocked by your service provider, or you are otherwise unable to receive electronic communications. In that case, Serene Swap will be deemed to have provided the communication to you whether or not you received the communication.
4.5. If your email address or mobile phone number becomes invalid, such that electronic communications sent to you are returned, Serene Swap may deem your account inactive.
4.6. May withdraw your consent to receive electronic communications by sending a withdrawal notice to Serene Swap support. Serene Swap may suspend or terminate your use of the Service.
4.7. If you want a paper copy of the previous communication after withdrawing consent to receive Communications electronically, you may request a copy by contacting Serene Swap support. Serene Swap will charge you a processing fee of 0.30 EUR per page and shipment expenses. You must provide a current physical mailing address.
Nature of Relationship
5.1. The relationship between you and Serene Swap is independent.
5.2. Nothing herein contained shall be deemed to create any other form of relationship. Serene Swap is not acting as your agent, advisor, broker, trader, intermediary, or in any fiduciary capacity.
5.3. All communication provided to you shall be construed as advice of any kind to perform or refrain from performing any action.
Taxes
6.1. It is your full responsibility to determine if any taxes apply to transactions you complete using the Service.
6.2. It is your full responsibility to report and remit the correct tax to the appropriate tax authority.
6.3. Serene Swap cannot determine whether taxes apply to your Transactions.
Fair Use
7.1. Using the Service, you agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a wrongful act, a crime, or a tort. You are solely responsible for your conduct while using our Service.
7.2. Without limiting the generality of the foregoing, you agree that you will not use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from thoroughly enjoying the Service or that could damage, disable, overburden or impair the functioning of Service.
7.3. You agree that you will not use Service to pay for, support, or otherwise engage in illegal gambling activities, money laundering, financing terrorist activities, fraud, or other illegal activities.
7.4. You agree that you will not use any robot, spider, crawler, scraper, or other automated means or interface not provided by Serene Swap to access the Service or extract data.
7.5. You agree that you will not use or attempt to use another user’s account.
7.6. You agree that you will not attempt to circumvent any content-filtering techniques or attempt to access any service or area of Service that you are not authorised to access.
7.7. Agree that you will not develop third-party applications interacting with Service.
7.8. You agree that you will not use the Service to provide false, inaccurate, or misleading information.
7.9. You agree that you will not use the Service to encourage or induce any third party to engage in the above activities.
Unclaimed Property
8.1. If Serene Swap is unable, for any reason, to return your Funds to your External Account after a reasonable period of inactivity, Serene Swap may report and remit such Funds in accordance with applicable unclaimed property laws.
v. Exchange Terms
Definition of Service
1.1. By submitting an order via the Service interface, you authorise Serene Swap to execute a transaction on a spot basis and charge you all applicable fees.
Accuracy of Information
2.1. You must provide all required information per the instructions presented on the screen.
2.2. You represent and warrant that any information you provide is accurate and complete.
Restrictions
3.1. Serene Swap may at any time and in the company’s sole discretion refuse any transaction order submitted, impose limits on the transaction amount, or impose any other condition or restriction upon your use of the Service.
Transaction Fees
4.1. By using the Service, you agree to pay Serene Swap the fees for exchanges and any transactions completed using the Service, which we may change from time to time.
4.2. In addition to the Fees, your External Account operator may impose fees in connection with your use of your External Account. Any fees charged by your External Account operator will not be reflected on the transaction information provided by Serene Swap. You are solely responsible for paying any fees imposed by an External Account operator.
4.3. By using the Service, you authorise Serene Swap, or a designated payment processor, to charge or deduct your Funds for any applicable Fees owed in connection with the transactions you complete using the Service.
4.4. Fees charged with the Service shall be at the applicable rates and computation methods specified in the Fee Schedule. If at any time and for any reason, the Exchange Fees made under these Terms of Use exceed the maximum rates permitted to be charged by applicable law, the parties hereto agree that the Exchange Fees shall be reduced automatically to the maximum rates permitted to be charged by applicable law.
4.5. Upon your failure to make any payment of fees, commissions, charges, or other expenses due to Serene Swap, Serene Swap may at any time and in the company’s sole discretion refuse any transaction order submitted, impose limits on the transaction amount or impose any other condition or restriction upon your use of the Service.
4.6. Failure to pay Fees or any other amounts owed to Serene Swap under these Terms of use for more than 60 days, Serene Swap will charge you 1% monthly interest and/or the maximum percentage permitted by the applicable law to cover Serene Swap’s loss of income and collection-related costs.
Exchange Rate
5.1. Serene Swap will attempt, on a commercially reasonable basis, to execute the transaction on or close to the prevailing market exchange rate, as determined by our liquidity providers.
5.2. You acknowledge that the actual exchange rate may differ from prevailing rates.
5.3. You acknowledge that during periods of volatility in the marketplace for any Digital Assets or Legal Tender, the actual exchange rate may differ from your exchange order’s prevailing market exchange rate.
5.4. Serene Swap will use commercially reasonable efforts to settle exchange orders as soon as possible on a spot basis and up to two (2) days from the date you submitted a transaction order.
Payment for an External Account
6.1. Only payment methods specified by Serene Swap may be used to purchase and sell Cryptocurrency. By submitting an exchange order, you represent and warrant that you are authorised to use the designated payment method and authorise Serene Swap or our payment processor to charge your designated payment method.
6.2. If the payment method is invalid or unacceptable, your exchange order may be suspended or cancelled.
Disruption of Service
7.1. In the event of an error in providing the Service, in an exchange order confirmation, in processing the order, or otherwise, Serene Swap reserves the right to correct such error and revise your purchase transaction accordingly or to cancel the purchase and refund any amount received, after deduction of applicable fees.
7.2. In a market disruption or Force Majeure event (see Key Definitions above), such as blockchain network failure, Serene Swap may suspend access to Service.
7.3. Following any such event, you acknowledge that prevailing market exchange rates may differ from the rates available before such an event.
Cancellation of transaction order (buying/selling)
8.1. You may cancel an order initiated via transaction order form only if such cancellation occurs before Serene Swap executes the exchange operation.
8.2. Once your order has been executed, you may not change or cancel your authorization for Serene Swap to complete the transaction.
8.3. If an order has been partially filled, you may cancel the unfilled remainder.
8.4. If a transaction order is incomplete due to insufficient funds, Serene Swap may cancel the entire order or fulfil a partial order using available Funds.
No Refunds
9.1. All exchange operations, sales, and purchases of Cryptocurrency via the Service are final.
9.2. Serene Swap does not accept returns and will not provide refunds unless specifically provided in these Terms of Use.
vi. KYC and Reversal Transaction Policy
- Pursuant to Regulatory Guidance, a completion of a successful “Know Your Client” (“KYC”) procedure is a necessary condition to use the Service. Documents and media files will be uploaded to your Serene Swap account and stored per the Serene Swap Privacy Policy.
- A successful KYC procedure allows clients to use the Service and settle the client’s exchange order per clause V.5.4.
- The documents and media files requested may include, but are not limited to:
3.1. Transactions of up to EUR 1,000:
a) Valid ID.
3.2 Additional documentation for transactions of EUR 1,000 to EUR 32,000
a) Recent Utility bill.
3.3. Additional documentation for transactions above EUR 32,000:
a) Live Identity verification.
3.4 Additional documentation for transactions above EUR 75,000:
a) Source of funds form and supporting documents.
b) Video call.
4. If a user refuses to complete said KYC process for any reason, the User shall:
4.1. Inform Serene Swap of refusal to complete the KYC process in writing to Serene Swap customer service.
4.2. Provide a valid personal account/wallet to reverse the transaction. Serene Swap shall then initiate a transaction reversal. The user’s FIAT funds/cryptocurrency shall be returned to the user’s account/wallet five (5) days after the date a user submits a refusal to complete the KYC statement.
5. If, according to a KYC process, Serene Swap refuses to provide services to a user due to AML policy, compliance directive, or any other reason, Serene Swap shall initiate a transaction reversal. The user’s FIAT funds/cryptocurrency shall be returned to the user’s account/wallet within five (5) days of the date upon which a user submitted an exchange order.
vii. Risk Disclosure Statement
- You agree to access and use the Service at your own risk.
- Note that this brief statement cannot disclose all the risks associated with the Cryptocurrency market.
- Any cryptocurrency operation involves a high degree of risk and the potential for significant losses. Therefore, you should carefully consider whether using the Service is suitable for you, considering your financial resources and other circumstances.
- Serene Swap and none of its agents or employees are investment or trading advisors.
- Using the service, you acknowledge that Cryptocurrencies are inherently unpredictable and unstable and will continue to be for the foreseeable future.
- Cryptocurrencies entail an inherent risk of hacks, transfer errors, and government sanctions out of the control of Serene Swap.
- Serene Swap is not responsible for communicating, anticipating, or detecting all known or unknown risks inherent in the cryptocurrency markets.
- You must carefully consider your capabilities, experience level, and risk tolerance before performing any cryptocurrency operations.
- Do not exchange funds you cannot afford to lose.
- Serene Swap is not a trading site. Serene Swap does not endorse, support, or recommend any trading platform. Furthermore, you acknowledge that risks are inherent to and associated with utilising Internet-based trading systems. Serene Swap is not liable for any loss or damage, including any loss of funds or profit.
- You acknowledge the inherent risks associated with utilising an Internet-based exchange service, such as hardware or software failure and Internet connection failure. You acknowledge that Serene Swap shall not be responsible for any disruptions, errors, delays, or communication failures you may experience when using the Service, however caused.
- Cryptocurrencies constitute a rapidly changing and unpredictable environment with an endless number of variables and factors outside your or Serene Swap’s control. New risks emerge at every moment, which creates market risk and uncertainty. Serene Swap is not responsible for anticipating, detecting, or communicating all known or unknown risks in the Cryptocurrency market.
- Some factors that could cause negative performance on operations are market volatility, government policies and regulations, hacks and security breaches resulting in the theft of funds, price manipulation, and general economic or market conditions.
- Risk is the exposure to the chance of loss. You confirm that even though it seems unlikely, there is a real chance of realising risk that may result in the total loss of your Funds.
- In certain market conditions, the market can reach a daily price fluctuation limit or insufficient liquidity, in which case your exchange order execution might be impossible.
viii. Intellectual Property
Intellectual Property Rights
1.1. Unless otherwise indicated, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Service are the proprietary property of Serene Swap. They are protected by international copyright laws and other intellectual property rights laws.
1.2. Content and materials may include the Serene Swap logo, designs, text, graphics, pictures, information, data, software, files, and the selection and arrangement.
1.3. Serene Swap does not permit any use of the content and materials other than for their intended purposes.
1.4. Serene Swap grants you a limited, non-exclusive, and non-sublicensable licence to access and use the Serene Swap content and materials for your personal or internal business use.
1.5. Such licence does not permit any resale of the content or materials. It forbids the distribution, public performance, or public display, modifying, or otherwise making any derivative use of content or materials.
1.6. Any suggestions, ideas, or other materials regarding the Service or the company you provide, by correspondence with support or otherwise, by posting through our Service or otherwise, are the intellectual property of Serene Swap.
1.7. Serene Swap will own exclusive rights to any information submitted as suggestions, ideas, or feedback to change or improve service. Such suggestions are non-confidential and shall become the sole property of Serene Swap.
1.8. Serene Swap will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation. You waive any rights you may have to the suggestions, ideas, or feedback, including copyright and moral rights.
1.9. Serene Swap reserves the right to disclose your identity to any third party claiming that your content constitutes a violation of their intellectual property privacy rights.
Trademarks
2.1. “Serene Swap” and Serene Swap’s logo are trademarks of Serene Swap and may not be copied, imitated, or used, in whole or in part, without Serene Swap’s prior written permission.
2.2. You may not use any trademark, product, or service name of Serene Swap without prior written permission.
2.3. Use above includes metatags or hidden text utilising any trademark, product, or service name of Serene Swap.
2.4. The look and feel of Serene Swap Site and Service, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Serene Swap and may not be copied, imitated, or used, in whole or in part, without prior written permission.
2.5. All other trademarks, registered trademarks, product names, and company names or logos mentioned through the Service are the property of their respective owners. Reference to any products, services, processes, or other information by name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Serene Swap.
ix. Third-Party Content
- While using the Service, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook links.
- Serene Swap does not control, endorse, or adopt any such third-party content and shall have no responsibility for such content, including material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable.
- Serene Swap is not responsible or liable for any loss or damage of any sort incurred from any dealings with third parties.
- Interaction and use of third-party content are at your own risk.
x. Customer Complaints Procedure
General notes
1.1. Serene Swap is committed to the highest service and client satisfaction level.
1.2. Any dissatisfaction with Services, feedback, or voicing the client’s opinion can be registered as a complaint. See the instructions below.
1.3. Serene Swap is committed to treating you with respect and transparency, handling the complaint fairly, and promptly responding.
1.4. The response shall strive to be constructive and include an explanation and reasoning when possible.
How to register a complaint?
2.1. Prepare identifying information about yourself and the transaction in the subject of the complaint. The identifying information may include:
2.1.1. Your Serene Swap account number.
2.1.2. Full name and address, as provided when you have registered your account.
2.1.3. Transaction number.
2.2. Send your complaint by email to: info@sereneswap.com. Please state “complaint” in the subject.
2.3. By regular mail, mailing to 86 Hoża street, Unit 210, Warsaw, Postcode 00-682, Poland.
Stage one: complaint investigation
3.1. Complainant will be informed by email about the process and the expected Time frame for investigation and resolution within two working days. Our staff will examine the complaint within 14 business days of receiving the complaint.
3.2. Company response will be delivered to the Claimant by email or certified mail.
3.3. Under special circumstances, the company may add ten days to the examination period above. The claimant will be informed as to the reason for the delay.
Stage two: manager review
4.1. If you are not satisfied with the company response received in stage one, you may apply for an additional review by a manager.
4.2. Resend the complaint to info@sereneswap.com or by regular mail, mailing to By regular mail, mailing to 86 Hoża street, Unit 210, Warsaw, Postcode 00-682, Poland. Please state “Complaint Manager” in the subject.
4.3. Please explain why you are not satisfied with the response received in stage one. Provide identifying information that the Company may need to identify you: your name, address, and/or other Account number, and/or the transaction number on which you have feedback, questions, or complaints, as well as official investigation results and resolution from Stage One. Without this information, the complaint will not be submitted to Stage Two.
4.4. A manager will review the complaint, and the response will be given on stage one within 14 business days. As far as possible, complaints or appeals will be investigated and resolved within 14 working days of being received on Stage Two. If this time cannot be met, you will be informed of why and the alternative time frame for resolution. The alternative time frame can be added to 10 business days.
Stage three: arbitration
5.1. If you are still unsatisfied after exhausting stages one and two, you may apply for arbitration.
5.2. See clause XIII for additional information on how to apply for arbitration.
xi. Discontinuance of Service, Suspension, and Termination
- Serene Swap may, in its sole discretion, without liability to the customer, at any time and without prior notice, discontinue, temporarily or permanently, access to any Serene Swap Service.
- In the event of any breach of these Terms of Use by a customer, Force Majeure Event, or any other event that would make the provision of Service commercially unreasonable for Serene Swap, Serene Swap may, in its sole discretion and without liability to the customer, without prior notice, suspend your access to Service.
- Following such an event, Serene Swap may terminate your access to Service, deactivate your account and delete all related information.
- In the event of account termination, Serene Swap will attempt to return any Funds in your account after deducting due fees.
xii. Limitation of Liability, Disclaimer of Warranties
Limitation of Liability
1.1. Except as otherwise required by law, in no event shall Serene Swap, its suppliers, service providers, directors, members, employees, or agents be liable for any special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in action in contract, tort, negligence or otherwise, arising out of or in any way connected with the use of or inability to use our services, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from Serene Swap, or that result from mistakes, omissions, interruptions, deletion or loss of files or information, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a Force Majeure Event, communications failure, theft, destruction or unauthorised access to records, programs or services.
1.2. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Serene Swap, including company suppliers, service providers, directors, members, employees or agents, whether in contract, warranty, tort, negligence, active or passive, arising out of or relating to the use of, or inability to use, Serene Swap Service, or to these terms exceed the fees paid by you to Serene Swap during the 12 months immediately preceding the date of any claim giving rise to such liability.
Indemnity
2.1. You agree to defend, indemnify, and hold harmless Serene Swap, its directors, members, employees, agents, officers, and affiliates from any claim, demand, action, damage, loss, cost or expense, including reasonable attorneys’ fees, arising out or relating to your use of, or conduct in connection with, the Service, your violation of Terms of Use, your violation of any rights of any other entity.
Disclaimer of Warranties
3.1. Serene Swap provides “as is” and “as available” services.
3.2. Serene Swap expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, including the information, content, and materials contained therein.
3.3. That information you store or transfer through Serene Swap services may become irretrievably lost, corrupted, or temporarily unavailable due to various causes, including but not limited to software failures, protocol changes, Force Majeure Events, denial-of-service attacks, maintenance, or other causes. You acknowledge the above-stated risk and confirm you are solely responsible for backing up any information you store or transfer through Service.
xiii. Applicable Law, Arbitration
Jurisdiction
1.1. The Terms of Use shall be governed by, construed, and enforced according to the laws of Poland without giving effect to the principles of conflicts of law.
Conflict Resolution
2.1. The parties shall use all reasonable efforts to amicably resolve any dispute or controversy arising directly out of this Agreement. In the event of a dispute which cannot be resolved by the parties themselves, parties, under separate express arrangements, may commence a mediation or arbitration proceeding. The language of the mediation or arbitration in such a situation shall be English unless otherwise agreed by the parties. A mediation or arbitration award, in the event of initiation of such proceedings by both parties, shall be final and binding upon the parties. This clause does not limit the consumer’s rights provided by consumer protection legislation or the right of any party to pursue any other remedies, including claim remedies, before any competent court.
xiv. Miscellaneous
Entire Agreement
1.1. These Terms of Use contain the entire agreement between you and Serene Swap and supersede all prior and contemporaneous understandings between the parties regarding the Service.
Amendment
2.1. Serene Swap reserves the right to make changes or modifications to these Terms of Use from time to time, in Serene Swap’s sole discretion, by posting the amended Terms of Use on the website and by communicating these changes through any written or other contact methods, we have established with you.
2.2. The amended Terms will be effective immediately after that, and your use of the Service following the date on which the amended Terms are published will constitute consent to such amendments.
Waiver
3.1. Serene Swap’s failure or delay in exercising any right, power, or privilege under these Terms of Use shall not operate as a waiver.
Severability
4.1. The invalidity or unenforceability of any of these Terms of Use shall not affect the validity or enforceability of any other Terms of Use, all of which shall remain in full force and effect.
Descriptive Headings
5.1. The descriptive headings of the Terms of Use are inserted for convenience only and do not constitute a part of the Terms of Use.
Assignment
6.1. You may not assign or transfer any of your rights or obligations under these Terms of Use, including in connection with any change of control.
6.2. Serene Swap may assign or transfer any or all of its rights under these Terms of Use, in whole or in part, without obtaining your consent or approval.
Survival
7.1. The following clauses shall survive termination or expiration of these Terms of Use:
7.1.1. (III) Eligibility
7.1.2. (IV) General Obligations and Restrictions: (2) Account, (4) Taxes, (5) Unclaimed Property.
7.1.3. (V) Exchange Terms
7.1.4. (VI) Risk disclosure statement
7.1.5. (VII) Intellectual Property
7.1.6. (X) Limitation of liability
7.1.7. (XI) Applicable law, arbitration
7.1.8. (XII) Miscellaneous
