1. General Terms

Please read these Terms of Use (hereinafter referred to as “Terms”) carefully before using the Switchere.com website https://switchere.com/ (hereinafter referred to as “Switchere.com”, “Switchere”, “website”, “site”, “service”, “us”, “we” or “our”) operated by company FITEUM OÜ (Harju maakond, Tallinn, Kesklinna linnaosa, Roosikrantsi tn 2-529K, 10119, Estonia), license number FRK000680 for virtual wallet service provider and license number FVR000779 for virtual currency exchange provider. “User”, “you” and “your” refer to you, the natural person (individual) accessing the website, using our services through https://switchere.com/ and accepting these Terms. Your access to and use of the website is conditioned on your acceptance of and compliance with these Terms of Use.

2. Acceptance of Agreement

By using this website, you agree to be bound by this Terms of Use (hereinafter referred to as “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, whether you are a visitor of the site or a registered member. Use of cryptocurrencies may be illegal in some jurisdictions and it is your responsibility to know the regulatory requirements concerning cryptocurrency transactions in your jurisdiction before using the services. The materials contained herein are protected by applicable copyright and trademark law. We may revise these Terms at any time by updating this page on our website and it is your responsibility to check back regularly for any updates to the Terms of this website. This agreement also constitutes the entire and sole agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website and the content, products or services provided by or through the website and the subject matter of this agreement. When you accept this agreement, you specify that you are at least 18 years old and are legally able to enter into a contract. By accepting, you agree to every provision of this agreement. If you do not agree to all of the Terms, do not access or use the website.

3. Amendments

We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without prior notice by posting the changes to these Terms of Use on https://switchere.com/terms-of-use. Your continued use of Switchere.com after any such changes constitutes your acceptance of the updated Terms of Use. It is your responsibility to regularly check the website to determine if there have been changes to these Terms of Use and to review such changes. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.

4. Description of Services

The website https://switchere.com/ operated by Switchere.com allows users to conveniently make online fiat-to-cryptocurrency, cryptocurrency-to-fiat and cryptocurrency-to-cryptocurrency exchange operations. Following your opening of an account on Switchere.com and completing the identity verification procedure, you will be able to exchange any supported fiat currency or cryptocurrency from us, in exchange for other supported cryptocurrencies or fiat currencies, namely USD, EUR or any other supported government-issued currency, that is designated as legal tender in its country of issuance through government regulation or law. After Switchere.com receives the specified amount of payment from you, we shall transfer the specified amount of the converted cryptocurrency to your cryptocurrency wallet address. The rates at which Switchere.com provides fiat-to-cryptocurrency, cryptocurrency-to-fiat and cryptocurrency-to-cryptocurrency exchange services shall be determined in accordance with Switchere.com’s Verification and Limits available at https://switchere.com/limits. You acknowledge and agree that it is at our sole discretion whether to provide you with our exchange services and/or reverse any of your transactions.

Switchere.com provides non-custodial services, which means that we do not store users’ cryptocurrencies on deposits and/or balances. Your cryptocurrency wallet is the cryptocurrency address that you provide to Switchere.com from time to time for the exchange services on our website. In no event shall Switchere.com operate your cryptocurrency wallet. By provisioning the cryptocurrency wallet address, you acknowledge the ownership of it. You are solely responsible for maintaining and controlling your cryptocurrency wallet. Make sure to keep secret the access credentials to your cryptocurrency wallet, otherwise you can permanently lose your crypto assets. Switchere.com has no liability for any operation or failure of your cryptocurrency wallet.

You hereby understand and agree that any price or rate of any supported cryptocurrency which appears on the website is accurate for that moment alone, due to the highly volatile nature of the price of cryptocurrencies and the period of time required for completing the transaction.

5. Eligibility Criteria

By registering to use a Switchere.com Account (as defined below), you represent and warrant that (a) you are at least 18 years old or of other legal age to form a binding contract under applicable law, (b) you are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms of Use, (c) you have not previously been suspended or removed from using our online services, (d) you do not currently have an existing Switchere.com Account and (e) you are not a resident of a Restricted Location (“Restricted Locations”). You may use the Switchere.com services only as permitted by law, including applicable local laws and regulations. These Terms of Use do not grant the right to use the exchange services on the Switchere.com website to the residents from Bahamas, Botswana, Ethiopia, Ghana, Iran, North Korea, Pakistan, Sri Lanka, Syria, Trinidad and Tobago, Tunisia and Yemen (“Restricted Locations”).

While initiating or making any exchange operation on Swicthere.com, you expressly acknowledge and agree to be bound by the requirements adopted by a third-party payment processing service provider that processes any payment between you and the Switchere.com website. The list of Restricted Locations sustained by the payment processing service provider includes, but is not limited to, Afghanistan, Algeria, Bahamas, Bahrain, Bangladesh, Belarus, Bolivia, Botswana, Brazil, Cambodia, Canada, Cuba, Ecuador, Egypt, Ethiopia, Ghana, Iceland, Iran, Iraq, Japan, Kingdom of Morocco, Kuwait, Lebanon, Libya, Macedonia, Namibia, Nepal, Nigeria, North Korea, Oman, Pakistan, Palestine, Panama, People’s Republic of China, Qatar, Saudi Arabia, South Sudan, Sri Lanka, Sudan, Syria, Trinidad and Tobago, Tunisia, Uganda, United Arab Emirates, United States of America, Vanuatu and Yemen.

If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.

6. Account Registration

At registration, the user has to state an email address as a username and choose a secure password. By opening an account to use the services, you expressly represent and warrant that you:
  • have the full capacity to accept and have accepted the terms and conditions of these Terms of Use and have full capacity to enter into a transaction involving cryptocurrencies;
  • are a resident in an area that permits the use and exchange of cryptocurrencies;
  • are not using the services on behalf of any third party.
You are solely responsible for maintaining the confidentiality of the information you hold for your registered Switchere.com account, inclusive of your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Switchere.com immediately of any unauthorized use of your account or password, or any other breach of security.

Only one person may use an account to access the Switchere.com services. Using multiple accounts for any malicious activity will result in immediate account termination. The administration of Switchere.com reserves the right to terminate any user account without prior notice. You can also register using your social network account. Any person whose account or access through which has been suspended or terminated by us or any person who has been banned or removed from any Switchere.com services may not access the services in any manner or for any reason, including through any other account. In compliance with AML/KYC Policy, Switchere.com reserves the right to refuse registration to persons from jurisdictions that do not meet international AML or KYC standards.

7. Verification

It is Switchere.com’s policy to prohibit and implement preventative measures against money laundering and any activity that facilitates terrorism financing or criminal activities. Switchere.com is subject to regulation of anti-money laundering (AML) and customer due diligence (CDD) policies as set out in all legislation as applicable.

Switchere.com reserves the right to carry out Switchere.com account-holder due diligence verification of registered users and their transactions. Enhanced Switchere.com account-holder review may be carried out periodically at our sole discretion based on our ongoing risk assessment controls. Switchere.com will verify your identity through the documentary means and/or non-documentary means furnished by you to Swithcere.com upon registering for a Switchere.com account. Switchere.com reserves the right to use non-documentary means where necessary to verify the true identity of the Switchere.com account-holder.

To fully complete all verification procedures on Switchere.com, the user has to comply with mandatory verification requirements according to AML/KYC Policy and state the following information:
  • Personal email address.
  • Personal phone number.
  • First name and last name.
  • Date of birth.
  • Gender.
  • Country.
  • City.
  • State/province/region/district.
  • ZIP/postal code.
  • Citizenship.
  • Scanned copies (front and back sides) of your government-issued proof of identity (national passport or international passport or driver license or national identity card), which contains user's first name and last name; date of birth; gender; place of birth; date of birth; issuing country; user's photo; ID serial number and date of issue.
  • A scanned copy(ies) of a valid proof of address document (a bank or payment card statement, utility or electricity bill, tax return, council tax or any other official document with current residential address, first name and last name and issued within the last 3 months.
  • Scanned copies (front and back sides) of a payment (bank) card with a cardholder’s signature on the back side of the payment (bank) card.
  • A “selfie” of a user holding a white piece of paper with the text “Switchere.com”, the current date and valid login information for accessing the Switchere.com website.
  • A “selfie” of a user holding a white piece of paper with the text “Switchere.com” and the current date in one hand and holding a valid payment (bank) card (front side) in the other hand.
  • A scanned copy(ies) of an official document for proof of income (bank statements (personal or business), pay stubs or tax returns).
Switchere.com accepts scanned copies of your documents only if all the information contained therein is provided with Latin transliteration.

In compliance with mandatory AML and KYC regulatory requirements, Switchere.com has devised and implemented the verification tiers, which govern the purchase limits at the Switchere.com website.
  • To be eligible to use online exchange services rendered by Switchere.com, the user is obligated to complete initial verification of the user’s email address, phone number and pass the identity verification procedure. Once it is done, the user is authorized to make online exchanges on the Switchere.com website conditioned that the total account purchase limit cannot exceed the 500 EUR or 550 USD (or any other fiat currency equivalent to this amount at the current exchange rate) threshold.
  • After successful verification of a user’s bank card(s), the user is authorized to make online exchanges on the Switchere.com website conditioned that the total account purchase limit cannot exceed the 1000 EUR or 1100 USD (or equivalent amount in any other fiat currency) threshold.
  • After successful verification of the user’s residential address, the user is authorized to make online exchanges on the Switchere.com website conditioned that the total account purchase limit cannot exceed the 5 000 EUR or 5 500 USD (or equivalent amount in any other fiat currency) threshold.
  • After completing source of income verification, the user’s account purchase threshold becomes unlimited.

Once the spending limit for your verification tier has been reached, it is mandatory to complete one or more verification tiers to continue using the exchange services rendered by Switchere.com in accordance with the cumulative spending limit system.

The purchase limits and verification tiers are being reviewed and updated throughout the entire period of customer lifecycle stages in connection with a particular user account. Switchere.com reserves the right to monitor the website accounts for activity involving unusual transaction sizes, volumes, patterns or types and Switchere.com may in its sole discretion conduct further investigations in this respect. Switchere.com may from time to time temporarily reject customers from some countries/territories. This can be because of legal issues or AML/KYC Policy or technical reasons or other temporary reason.

8. Account Termination by User

You may terminate your user account at any time by submitting your request to terminate your user account at [email protected] Your request will be executed within 24 hours after its submission. No termination fee shall apply, except that you will be responsible for fulfilling any outstanding payment obligations to Switchere.com existing as of the effective date of termination and to settle any pending transactions. We reserve the right to suspend any pending transactions at the time of cancelation.

9. Non-Waiver

These Terms shall be governed and construed in accordance with the laws of Estonia without regard to its conflict of law provisions. Our failure to exercise or enforce any right shall not operate as a waiver of such right. Our waiver of a breach of these Terms of Use or Privacy Policy shall not waive any other provision or operate as a waiver of a subsequent breach of the same provision.

10. Links to Other Websites

Our services may contain links to third-party websites or services that are not owned or controlled by Switchere.com. Switchere.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Switchere.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

11. Indemnification

You agree to defend, indemnify and hold harmless Switchere.com and its licensee and licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the services, or b) a breach of these Terms.

Switchere.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Switchere.com.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SWITCHERE.COM OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SITE MATERIALS OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’ PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID FOR USE OF THE SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS. FOR THE AVOIDANCE OF DOUBT, WE BEAR NO RESPONSIBILITY FOR THIRD PARTY TRANSACTIONS. ANY CLAIMS REGARDING SUCH THIRD PARTY TRANSACTIONS SHALL BE DIRECTED TO THE RELEVANT THIRD PARTY ONLY.

13. Site Content

Unless otherwise indicated, all of the content displayed on Switchere.com, including, but not limited to, any and all text, graphics, data, images, illustrations, sound, video, audio, software, and the selection and arrangement of these items, are owned by Switchere.com or its licensors and protected by copyright, trademark, trade dress, or other intellectual property rights.

14. Copyright and Intellectual Property

© FFITEUM OÜ (Harju maakond, Tallinn, Kesklinna linnaosa, Roosikrantsi tn 2-529K, 10119, Estonia), license number FRK000680 for virtual wallet service provider and license number FVR000779 for virtual currency exchange provider. All rights, save as expressly granted, are reserved. Reproduction in any form of any part of the contents of this website without our prior written consent is prohibited unless for personal use only. The copyright in all materials provided on this web is held by Switchere.com or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission from us or the copyright owner. Permission is granted to download one copy of the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach these Terms. You may not “mirror” any material contained on this Site without our express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Switchere.com or its licensors and is protected by Estonian and international copyright laws. All rights not expressly granted are reserved.

Using our content does not give you ownership of any intellectual property (“IP”) rights in the content you access. You may not infringe the IP rights associated with any content. This does not restrict you from obtaining express permission from its owner or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos found in our content. Do not remove, obscure, or alter any legal notices displayed in or along with our content. Unless otherwise notified at the time of access and as referred to above, Switchere.com does not and cannot offer any license or use in the content you locate on our https://switchere.com/ or any of our databases.

15. Severability

If a provision of these Terms is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of these Terms or any additional agreements will not be impaired.

16. Risks

Switchere.com shall not be responsible for any damage or loss incurred by you as a result of using the services. By accepting the Terms of Use, you acknowledge that you have fully read and understood and are aware of the possible risks involved.

You acknowledge that online fiat-to-cryptocurrency, cryptocurrency-to-fiat and cryptocurrency-to-cryptocurrency exchange services carry significant risk. Prices can fluctuate on any given day. Due to price fluctuations, any related cryptocurrency may gain or lose value at any time.

You acknowledge and agree that Switchere.com does not act as a financial advisor, does not provide investment advice services and/or any communication between you and Switchere.com cannot be considered as an investment advice. You represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the transaction. We give you no warranty as to the suitability of the services and assume no fiduciary duty in our relations with you.

17. No Refund Policy

Unless otherwise specified, all exchange operations made by platform users on the Switchere.com website are final and non-refundable.

18. Disclaimer of Warranties

THE WEBSITE AND ALL SITE MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

19. Dispute Resolution

Both Switchere.com and the user agree that any disputes arising between the two parties shall be initially attempted to be resolved by contacting the other party. In such cases, the user shall contact Switchere.com by sending an email to [email protected], and Switchere.com shall contact the user via the email that was used for registration or any other information that the user provided in his/her account.

Upon any dispute or claim arising under the terms, obligations, or promises under these Terms or any additional agreements, you agree to work with Switchere.com to resolve the dispute privately or through mediation before a mutually agreed upon mediator. If mediation fails to produce a mutually agreeable outcome, then you agree to binding arbitration. Arbitration will be before a single arbitrator that you choose from a list of three arbitrators provided by us. Arbitration will be performed under the rules adopted by the Estonian Arbitration Association at the time a claim is filed with an arbitrator. Arbitration will take place in Estonia. An arbitration judgment may be entered into and enforced by a court of competent jurisdiction, which judgment may include the costs and attorneys’ fees for the prevailing party at arbitration.

These Terms of Use and any other legal notices published by Switchere.com shall constitute the entire agreement between you and Switchere.com concerning the website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.