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Last update at: 26.06.2025
CALMSWAP S.R.O. TERMS OF SERVICES
Calmswap s.r.o., ID: 21246823, registered office address at Czech Republic, Cimburkova 916/8, 130 00 Prague – Žižkov, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 398874, hereinafter the ‘Company’, also ‘we’ or ‘us’.
We are authorised by the Ministry of Industry and Trade of the Czech Republic to provide services related to virtual currency. Within the granted authorisation we provide to our customers virtual currency exchange services.
The customer is an individual or entity that accesses our services, including any individuals who access the services on behalf of an entity, hereinafter the ‘customer’, ‘you’.
1. THE INTRODUCTION
These Terms of Services, hereinafter the ‘Terms’, govern customers’ rights and obligations relating to the access to and use of our website https://calmswap.com and services provided by us, collectively, the ‘Services’, and create a legally binding agreement between you and us.
FOR YOUR OWN BENEFIT AND PROTECTION OF YOUR LEGITIMATE RIGHTS AND INTERESTS YOU HAVE TO READ, UNDERSTAND AND AGREE TO THESE TERMS AND BE BOUND BY THEM.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT CUSTOMER’S RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY. IF THE CUSTOMER DOES NOT UNDERSTAND ANY PROVISION CONTAINED HEREIN, PLEASE DO NOT HESITATE TO ASK US FOR FURTHER INFORMATION BEFORE PROCEEDING. YOU MAY CONTACT US BY EMAILING TO OUR SUPPORT TEAM: [email protected].
IF YOU DO NOT ACCEPT THESE TERMS IN ITS ENTIRETY, YOU MAY NOT USE OUR SERVICES.
2. REGISTRATION
2.1 To use the Services and become the customer, you should meet the following requirements:
BY APPLYING FOR OUR SERVICES AND REGISTERING FOR USER ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE ELIGIBILITY CRITERIA FOR THE SERVICES LISTED ABOVE.
2.2. You will be required to register for a user account.
2.3. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it up to date.
2.4. You can only have one user account at any time.
2.5. We reserve the right to suspend or terminate your user account according to these Terms if we determine that any information provided by you is inaccurate or incomplete.
2.6. We may, in our sole discretion, refuse to open a user account, suspend or terminate any user account.
2.7. If you register a user account on behalf of an entity, you represent and warrant that you have authority to (i) accept these Terms on behalf of and bind such party, and (ii) provide information on behalf of such party.
2.8. After a user account is successfully registered, you become responsible for safeguarding your user account information, including your password and security of devices you use to log into the account.
2.9. You agree not to disclose your password to, or share your user account with any third party. You agree to take sole responsibility for any activities or actions under your user account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your user account.
2.10. You agree that we will not be liable for any loss or harm that you incur if someone else uses the Services from any of your devices, either with or without your knowledge, and that you will be solely responsible for such use, whether or not you authorised the use.
3. IDENTITY VERIFICATION
3.1. Within your registration process we will verify your identity. As a regulated entity, we are required to obtain your personal information and verify your identity and get a full understanding of who our customer is (‘Know Your Customer, KYC’).
3.2. We ensure personal data collection based on the rules and principles set in our Privacy Policy available on the website. Please read carefully our Privacy Policy. If you proceed with registration and user account, it shall be deemed that you have read the Privacy Policy and you agree to this Policy.
3.3. We ensure identity verification based on the rules and principles set in our AML Policy available on the website. Please read carefully our AML Policy. If you proceed with registration and user account, it shall be deemed that you have read the AML Policy and you agree to this Policy.
3.4. Under our regulatory anti-money laundering, counter terrorism and counter proliferation financing (‘AML/CTF/CPF’) obligations, we will request that you provide certain information about you. For a certain list of information, we usually require for identity verification purposes, please refer to our AML Policy. This information will be used by us for the purposes of identity verification, sanctions screenings and detection of money laundering, terrorist and proliferation financing, fraud, or any other financial crimes. You agree that all such information provided by you will be complete and accurate, that you will keep us updated if any of the information you provide changes, and that we may keep a record of such information consistent with our AML/CTF/CPF obligations.
3.5. By entering these Terms, you expressly authorise us to take any and all actions that we reasonably deem necessary to verify your identity, conduct your KYC. These may include, but are not limited to, engaging third-party services to assist with such verification efforts, sharing your information with such third parties, and collecting additional information about you from such third parties. For more information regarding engaged third-persons please refer to our Privacy Policy.
3.6. Certain users may be subject to a more rigorous identity verification program (‘Enhanced Due Diligence, EDD’) consistent with our AML/CTF/CPF obligations due to the increased risk of money laundering, fraudulent activity and sanctions risk. In such cases, you agree to comply with our requests to provide such information and documentation as is necessary for us to complete the Enhanced Due Diligence.
3.7. You acknowledge that if we determine, in our sole discretion, that you are unable to satisfy the requirements of our identity verification and KYC procedures, we may refuse provision of services and establishment of business relationships. We provide our services and establish business relationships only with the customers whose identity is fully identified and verified, and all necessary KYC checks are successfully completed.
3.8. You acknowledge that if we determine, in our sole discretion, that you are unable to satisfy the requirements of EDD, certain functionalities of the Services may not be available to you.
3.9. We reserve the right, at any time within a duration of a business relationships, to adjust KYC and customer verification procedure, if we (i) are required to do so by law, (ii) we reasonably suspect any previously provided information is not up-to-date, or (iii) to protect our legitimate interests. You should satisfy any such request within 3 (three) business days or other period set in our request. In case of refusal to submit any additional information, we reserve the right to terminate provision of Services and business relationships with you with immediate effect.
4. USER ACCOUNT
4.1. The user account allows you to place virtual currency buy or sell orders. Transactions’ history, withheld fees and charges are available in the user account free of charge. You should regularly check your user account for any requests, notifications or news sent by us.
4.2. User account is to be opened only on the name of the customer. If we discover the reverse, we reserve the right to terminate user account, provision of Services and business relationships with immediate effect.
4.3. Anonymous accounts are not allowed. The user account shall be opened only if the customer is fully identified and verified.
4.4. If the user account is registered and used for the benefit of a third person, you must inform us without undue delay on this and submit all documents and data which might be necessary to identify the person on whose benefit the user account is opened and Services are provided (ultimate beneficial owner - UBO). We reserve the right to terminate business relationships and provision of Services, if we discover that UBO was not notified to us.
4.5. The user account may be subject to the limits set by us, depending on AML/CTF/CPF risk type assigned to you.
4.6. The user account is opened for an indefinite period of time.
4.7. Without prejudice to the other provisions set forth hereof, we reserve the right to immediately suspend or withdraw your access to the user account, provision of Services, if (i) we reasonable believe that there may be a breach in the security of the website or system, (ii) we suspect unauthorized or fraudulent use of the user account or system, (iii) we are required to do so by law.
5. ORDER
5.1. Order for execution of virtual currency exchange transaction should be generated in accordance with the instructions given in the system and user account, and shall remain valid at the moment of the transaction execution. You should provide detailed and precise information for order correct execution.
5.2. Orders submitted shall be formulated clearly and unambiguously, shall be executable, and contain the clearly stated will of the customer. We do not bear responsibility for errors, discrepancies, repetitions and/or contradictions in the submitted orders. If the order submitted does not contain enough data or contains deficiencies, we can refuse to execute such an order.
5.3. If the customer submits an incorrect order or indicates incorrect data, and the transaction has not been executed yet, you may request to correct the order. A fee for the order correction may be applied. If we establish obvious discrepancies in the order details, we retain the right to refuse to execute such an order.
5.4. If we have incorrectly executed the order, we will refund the amount of the incorrectly executed transaction. For more information regarding refunds, please refer to our Refund Policy available on the webpage. If you proceed with registration and user account, it shall be deemed that you have read the Refund Policy and you agree to this Policy.
5.5. If we refuse order execution, we will notify you thereof, except when such notification is technically impossible or forbidden by applicable laws and regulations.
5.6. The order may not be withdrawn once it has been submitted and confirmed, and after the date on which it is deemed irrevocable.
5.7. We reserve the right to require transaction supporting documents. If you fail to submit such documents, we are entitled to refuse order execution.
5.8. You should warrant and guarantee that:
5.9. It is sole and exclusive responsibility of you for warranties and guarantees provided herein above and we shall bear no responsibility for any losses which may arise to you or any third party involved in the transaction if your warranties or guarantees turned out to be false
5.10. If any of executed transactions falls under the dispute, please take actions as provided in our Refund Policy.
6. CUSTOMER’S OBLIGATIONS
6.1 When using our Services, you should:
6.2. You are solely and exclusively responsible and undertake to reimburse any losses incurred by us, other customers and third parties, due to use of Services in breach of these Terms or any supplements hereto.
6.3. You shall reimburse all damages, fines and other monetary sanctions applied to us due to violation of these Terms due to your fault.
6.4. You should inform us if login and password come into possession of a third person, including loss or theft, or misuse or unauthorised use of data as soon as you become aware of this fact to request that the login is blocked.
6.5. Once we receive notification mentioned in Cl. 6.4 above, we will immediately block access to the system and user account.
7. FEES
7.1. For virtual currency buy or sell transactions, we charge a fee. Transaction fee is available when placing the order prior to transaction execution. If you do not agree to the fee applied you shall not proceed with the order. If you pass the order for execution, it shall be treated as your express and voluntary acceptance of fees applicable by us.
7.2. Other fees currently in force are found on our website. Please read carefully our fee schedule. If you proceed with registration and user account, we treat it as your consent to the fee schedule. If you do not agree to our fee schedule, please do not proceed with registration and our Services.
7.3. All fees should be withdrawn from the transaction amount, except if another way of fee payment is set in the fee schedule.
7.4. Please note that our fees are subject to change. We will provide you notice of changes in our fees by posting the changes to the website or otherwise communicate them to you in writing. Your continued use of the Services after the effective date of such change will constitute your agreement to pay the updated fees.
8. INTELLECTUAL PROPERTY RIGHTS
The Services contain important and proprietary property owned by us, including software, that constitutes our trademarks, trade secrets and other intellectual property. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a limited, nonexclusive, non-transferable, non-sublicensable, and revocable licence to use the Services for the purposes permitted by these Terms, and only for as long as you are permitted to access the Services.
The Services, including any images, illustrations, posts, audio clips, photographs, editorial content, notices, software (including html-based computer programs), and other content related to the Services, are our property, or are the property of a third party who has granted us permission to use such material, and in any case are protected from unauthorised copying and dissemination by copyrights that are owned or licensed by us and by copyright law, trademark law, international conventions and other intellectual property laws. All logos or product names are trademarks or registered trademarks of their respective owners.
You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, distribute, decompile, reverse-engineer, disassemble, or otherwise convert in any way whatsoever any materials from the Services without our prior written permission. Nothing contained on these Terms should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use the Services or any information displayed on the Services except: (a) as expressly permitted by these Terms or (b) with our prior written permission or such third party that may own the trademark or copyright of information displayed on the Services.
9 SERVICES BEYOND OUR CONTROL
9.1 We are not responsible for, makes no guarantees about, and assumes no liability for, any services beyond our reasonable control. These may include, but are not limited to, the following:
10 TERMINATION
10.1 We may terminate the Services and business relationships if we, in our sole discretion, determine that limiting or preventing your access to our Services is necessary or advisable. Circumstances in which we may limit or prevent your access to our Services include, but are not limited to, if we deem that such action is necessary based on:
10.2. You may terminate the Services and business relationships at any time by contacting us at info@calmswap.com. Upon any termination of the Services, whether by you or by us, you must pay all fees outstanding at business relationships termination date.
10.3. Notwithstanding any termination of these Terms, any provision of these Terms that by its nature and context is intended to survive its termination will so survive. These include, without limitation, provisions related to limitation of our liability, disclaimer of warranties, our intellectual property rights, indemnity and dispute resolution.
11 LIMITATION OF OUR LIABILITY
11.1 We do not provide investment or other advice.
WE DO NOT PROVIDE ANY INVESTMENT, FINANCIAL, TAX, LEGAL OR OTHER PROFESSIONAL ADVICE. NO FEATURES, TOOLS, OR INFORMATION AVAILABLE THROUGH THE SERVICES SHOULD BE CONSTRUED AS ADVICE. WE ENCOURAGE YOU TO CONSULT WITH THE APPROPRIATE FINANCIAL AND TAX ADVISORS TO UNDERSTAND THE IMPLICATIONS OF BUYING, SELLING AND HOLDING VIRTUAL CURRENCY. YOU UNDERSTAND THAT BUYING, SELLING AND HOLDING VIRTUAL CURRENCY CARRIES RISK. YOU AGREE TO USE THE SERVICES TO HOLD AND TRANSACT IN VIRTUAL CURRENCIES AT YOUR SOLE RISK.
11.2 You assume the risk of using the Services.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (SEE BELOW), AS TO THE CONTENT OR OPERATION OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
11.3 The Services are provided ‘as-is’ and without any warranty.
WE ARE MAKING THE SERVICES AVAILABLE ‘AS IS’ AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. WE DO NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
11.4 Our liability to you is limited.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICES; ANY LOSS OR UNAUTHORISED DISCLOSURE OF DATA; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH ANY SERVICES OFFERED THROUGH THE SERVICES; AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
11.5 You agree to indemnify us.
IN THE EVENT THAT ANY THIRD PARTY BRINGS A CLAIM AGAINST US RELATED TO YOUR USE OF THE SERVICES OR THE USE OF YOUR USER ACCOUNT (‘CLAIM’), YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LOSSES, LIABILITIES, DAMAGES, AND/OR COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) RELATING TO SUCH CLAIM. WE WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM; PROVIDED, HOWEVER, THAT OUR FAILURE TO SO NOTIFY YOU SHALL NOT RELIEVE YOU OF YOUR INDEMNITY OBLIGATIONS WITH RESPECT TO SUCH CLAIM, BUT INSTEAD SHALL REDUCE THOSE OBLIGATIONS BY THE AMOUNT OF DAMAGES OR INCREASED COSTS AND EXPENSES ATTRIBUTABLE TO OUR FAILURE TO GIVE NOTICE. YOU MAY NOT SETTLE ANY CLAIM WITHOUT OUR PRIOR CONSENT.
12 DISPUTES
12.1 If you have any questions, concerns or complaints about the Services, these Terms or anything else, please contact our support team at [email protected].
12.2 Once you’ve initiated a complaint, we will investigate your claim. This may include reviewing the information you’ve provided and the information available to us. In certain cases, we may need to contact you to obtain additional information. Upon conclusion of the investigation, we will send you a notice indicating whether we approve or reject the resolution you are seeking. If we deem appropriate, we may also offer to resolve your complaint through an alternative solution. We will aim to resolve your complaint within 15 (fifteen) business days of the date you submit your complaint. However, if we are unable to do so, we will inform you in writing and specify the deadline by which we will make a determination, which will not be more than 30 (thirty) business days from the date you submitted your complaint.
12.3 If the complaint is not resolved in a timely manner or the complaint is not resolved to your satisfaction, you may refer to the Public Defender of Rights (Ombudsman), https://www.ochrance.cz/ or to the Czech National Bank, https://www.cnb.cz/en/public/contacts.
12.4 If we are unable to resolve your complaint through the process described above, all disputes shall be of the exclusive competence of the Courts of the Czech Republic, both parties waive any objection to the Czech Courts on grounds of inconvenient forum or otherwise as regards proceedings in connection herewith and agree that a judgement or order of such a Court shall be conclusive and binding on them and may be enforced against them in the Courts of any other jurisdiction.
12.5 The relationship between you and us shall be governed by the laws of the Czech Republic.
13 CHANGES TO THESE TERMS
We reserve the right to change these Terms from time to time, with or without notice to you. If you continue to use the Services, you consent to the new Terms, as modified. Any changes to these Terms will become effective on the last updated date. If you continue to use the Services after the Terms are updated, you consent to the new Terms. We will always have the latest Terms posted on the Services.
14 MISCELLANEOUS
14.1. These Terms constitute the entire agreement between you and us. No provision of these Terms shall be considered waived unless such waiver is in writing and signed by you and us. No waiver of any provision in the Terms, however, will be deemed a waiver of any subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or failure to enforce any term or condition of the Terms will not in any way affect, limit, or waive your and our rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof. Neither we nor you shall be bound by any undertakings, representations or warranties not enshrined in the Terms, unless the Terms stipulate otherwise.
14.2. If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
14.3. These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by us without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.
14.4. Each notice or other communication sent to you shall be deemed received if one or more of the following applies:
14.5. For the purposes of these Terms, a business day shall mean any calendar day, apart from Saturday, Sunday, and public holidays in the Czech Republic or any other day defined by us and notified to you in a duly and timely manner.
14.6. The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.
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