Terms Of Service

These Terms of Service (the "Terms") constitute a legally binding agreement entered into between you (the "User") and SWSS Fintech Limited (the "Company"), and govern your access to, and use of, the SWSS Chain Layer 1 protocol and the products composing the SWSS Ecosystem (collectively, the "Services").

The Company is a Money Services Business registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), Registration No. C10001445, with its operations office at 1 Canada Square, London E14 5AE, United Kingdom. Legal notices may be sent to [email protected]. Registration with FINTRAC is a statutory requirement for the services offered; it is not an endorsement or approval of the Company by FINTRAC or by any other authority.

You represent that you are at least eighteen (18) years of age, possess full legal capacity to enter into this agreement, and are not (i) ordinarily resident in, organised under the laws of, or accessing the Services from any Restricted Jurisdiction; (ii) the subject of any sanctions administered by OFAC, the European Union, the United Nations Security Council, His Majesty's Treasury or any analogous authority; or (iii) acting on behalf of any such person.

SWSS Chain

The Layer 1 blockchain protocol secured by SCP v3.2.1 four pillar consensus (SAPE · DSA · PCA · BFTFA).

SWSS Coin

The native digital asset of SWSS Chain used for gas, validator staking and protocol level economic operations.

Deed

A non fungible cryptographic instrument issued via SWSS RwaX representing rights in respect of a Home Deed, Compute Deed or AI Agent Deed.

Validator

An operator of a SWSS Chain consensus node staked through SWSS NodeX.

Self Custody

Direct, sole custody of the cryptographic keys controlling a wallet, without reliance on any third party custodian.

Restricted Jurisdiction

Any jurisdiction in which the Services are prohibited or in which the Company does not offer them, as updated from time to time.

The Services are provided as software interfaces to an open, permissionless and decentralised protocol. The Company does not (i) take custody of User assets; (ii) act as a broker, dealer, exchange, investment adviser, fiduciary, money transmitter or bank; (iii) intermediate, guarantee or settle any User transaction; nor (iv) exercise unilateral control over the canonical state of SWSS Chain.

Wallet, bridge and staking functionality within SWSS App are non custodial by architectural design. Users alone bear responsibility for the integrity, confidentiality and recoverability of their cryptographic key material. Loss of seed phrases, recovery factors or signing devices results in irrecoverable loss of access to associated assets, for which the Company expressly disclaims any responsibility.

Certain Services require completion of Customer Due Diligence procedures administered through SWSS Identity X and the Identity Verification Layer (IVL). The Company reserves the right, in its sole discretion, to require any User to attain a specified KYC Tier (Tier 1, Tier 2 or Tier 3) as a precondition to accessing particular functionality, and to suspend, restrict or terminate access where verification cannot be completed satisfactorily.

Users undertake to furnish accurate, current and complete information, and to update such information without undue delay where it ceases to be so. Misrepresentation, falsification or concealment of material information constitutes a material breach of these Terms.

By accessing the Services the User warrants and represents, on a continuing basis, that:

• The User possesses full legal capacity and all authorisations necessary to enter into these Terms.
• The User is not subject to any economic, trade or financial sanctions and is not located in a Restricted Jurisdiction.
• The funds, assets and digital instruments used in connection with the Services derive from lawful sources and are not the proceeds of any criminal activity.
• The User's use of the Services will not contravene any applicable law, regulation, contractual obligation, court order or fiduciary duty.
• The User assumes sole responsibility for the tax characterisation of, and the reporting and payment of taxes arising from, transactions effected through the Services.

The User shall not, directly or indirectly:

• Engage in money laundering, terrorist financing, sanctions evasion, market manipulation, wash trading, front running, insider dealing or any other unlawful activity.
• Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Services, save to the extent expressly permitted by mandatory applicable law.
• Probe, scan or test the vulnerability of any system or network operated by the Company, otherwise than under the Company's published responsible disclosure programme.
• Interfere with, disrupt or impose an unreasonable load upon the Services, the underlying infrastructure or the validator set.
• Misrepresent affiliation with the Company or impersonate any natural or legal person.
• Use the Services in connection with any decentralised application, smart contract or off chain workflow whose primary purpose is unlawful or contrary to public policy.

Tokenised Deeds issued through SWSS RwaX, third party assets bridged into SWSS Chain via SWSS Bridge, and any AI agent instruments minted through SWSS RwaX or SWSS REALM are issued by, or under the responsibility of, their respective originators. The Company does not warrant, endorse or assume responsibility for the legal enforceability of any underlying right, the solvency of any originator, or the accuracy of any disclosure accompanying such instruments.

Operators electing to participate in Validator Staking through SWSS NodeX undertake additional obligations, including the maintenance of continuous availability, the application of timely software upgrades, the protection of consensus key material, and adherence to the Company's operational guidelines.

Use of the Services may entail (i) protocol level gas fees denominated in SWSS Coin and burned or distributed in accordance with the SWSS Chain tokenomics; (ii) service fees levied by particular SWSS products, which shall be disclosed prior to transaction confirmation; and (iii) third party fees imposed by bridges, on ramps, off ramps, payment networks and counterparties. All fees, once committed on chain, are final and non refundable save where the Company, in its sole discretion, elects otherwise.

All trademarks, service marks, trade names, logos, copyrights, source code, designs and other intellectual property associated with the SWSS Ecosystem, including the marks "SWSS Chain", "SWSS", `$SCP v3.2.1`, "Identity X" and the family of product names, are the property of the Company or its licensors and are protected by applicable intellectual property law. No right or licence in respect thereof is granted to the User save as expressly stated herein or in a separate written instrument.

The Company may, in its sole discretion and without prior notice, suspend, restrict or terminate the User's access to all or part of the Services where (i) the User is in material breach of these Terms; (ii) continued provision of the Services would expose the Company to legal, regulatory or reputational risk; (iii) the User becomes the subject of any sanctions designation or criminal proceeding; or (iv) the Company is required to do so by lawful order of a competent authority.

Termination does not extinguish accrued rights or obligations and does not affect the irrevocable on chain consequences of any transaction committed prior to termination.

The Company does not warrant that the Services, the SWSS Chain protocol or any smart contract will be uninterrupted, error free, free of vulnerabilities or immune from malicious activity, nor that the value of SWSS Coin or any Deed will be preserved or appreciate.

To the maximum extent permitted by applicable law, the Company, its affiliates, officers, directors, employees, advisers and Sub-Processors shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, loss of business opportunity, loss of data or loss relating to the volatility of digital assets, howsoever arising.

The aggregate liability of the Company arising out of or in connection with these Terms shall in no event exceed the greater of (i) the total fees actually paid by the User to the Company in the twelve (12) months preceding the event giving rise to the claim; and (ii) one hundred United States dollars (USD 100).

The User shall indemnify, defend and hold harmless the Company, its affiliates and their respective representatives from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with (i) the User's use of the Services; (ii) the User's breach of these Terms; (iii) the User's violation of any applicable law or the rights of any third party; or (iv) any misrepresentation made by the User.

These Terms and any non contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws rules.

Nothing in this section deprives a User who is a consumer of the protection of the mandatory laws of their country of residence, or of any right to bring proceedings in their local courts where the law confers that right and it cannot be excluded by agreement.