Swag ECO Terms of Use

These Terms of Use (these “Terms”) constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“You”) and The Swag Group, LLC (together with its subsidiaries and affiliates, “Company,” “we,” “us,” or “our”) governing Your download, access to, or use of The Swag App, the SWAG Token platform, the theswaggroup.co website, the swagtoken.org website, and any related websites, applications, or APIs (collectively, “Swag Eco”).

You agree that by downloading, accessing, or using Swag Eco, including, without limitation, evaluating, downloading, purchasing, or using any of the Services offered through Swag Eco or any of the Third-Party Services (defined in Section 3 below) You may interact with through Swag Eco, You expressly acknowledge that You have read and agree to be bound by all of these Terms and the Important Notice, which is hereby incorporated herein by reference. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING SWAG ECO AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Important Notice (provided for convenience only; please review the relevant provisions in these Terms):

Supplemental terms and conditions or documents relating to Swag Eco or the Services that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert You about any changes by updating the date above, and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by Your continued use of Swag Eco or the Services after the date such revised Terms are posted.

The information provided on Swag Eco is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Swag Eco from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Swag Eco is intended for users who are at least 18 years old. Persons under this age are not permitted to download, access, or use Swag Eco.

If You breach any of the Terms, Your authorization to use Swag Eco and the Services will immediately terminate, and any Content downloaded from Swag Eco, whether authorized or unauthorized, must be immediately destroyed. The Company reserves the right to pursue any additional remedies available in law or equity.

Please refer to our Privacy Policy for information about how we collect, use, share, and otherwise process information about You.

1.1 Unless otherwise indicated, Swag Eco is our proprietary property and all source code, databases, functionality, software, website designs, information, audio, video, text, photographs, and graphics (excluding Third-Party Content (as defined below)) on Swag Eco (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright, trademark, and other intellectual property laws and international conventions. You are not permitted to use the Marks without the prior written consent of the owner of the Mark.

1.2 Except as expressly provided herein, the Company and its licensors do not grant any express or implied license to Swag Eco, the Site, the Content, or the Services. You agree not to copy, reproduce, aggregate, republish, download, post, display, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, create derivative works based on, or otherwise exploit for any commercial purposes whatsoever, Swag Eco, the Site, the Content, or the Services without our express prior written permission.

1.3 If You are eligible to use Swag Eco, You are hereby granted a limited, non-exclusive, non-sublicensable, and non-transferable license to download, access, and use Swag Eco and to download a copy of any portion of the Content to which You have properly gained access solely for the purposes permitted hereunder. You may not modify or alter the Content in any way. We reserve all rights not expressly granted to You in and to Swag Eco, the Site, the Content, and the Marks.

1.4 Certain sections of Swag Eco feature content of Third-Party Services owned by third-party service providers or associated rights holders of that content (the “Third-Party Content”). Third-Party Content is protected by copyright or other proprietary laws and is for display purposes only.

1.5 Notice and Take Down/DMCA Policy:

We respect the intellectual property rights of others and expect our users to do the same. To promote the lawful use of Swag Eco and the Services, and in accordance with the Digital Millennium Copyright Act, (“DMCA”), we will take down content in response to verified DMCA takedown notices and/or other intellectual property infringement claims.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and you believe in good faith that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide written notice via mail or email to us at:

Attn: Copyright Notice

Address: 9717 Plateau Heights, Las Vegas, NV 89144, USA

Email: copyright@theswaggroup.co

All infringement notices must contain the following:

Please note that in accordance with this DMCA Policy, upon receipt of your notice, we will take whatever action, in our sole discretion, including without limitation, removing or disabling access to the specified content.

2.1 Each version of Swag Eco provides its own set of features. The wallet feature enables users to self-custody digital tokens, directly access and interact with blockchains, validators, decentralized applications (“dApps”), and related functionality on a peer-to-peer basis. This includes interacting with other Third-Party Services, viewing market data, and accessing other features that may be developed over time (collectively, the “Wallet Feature”). The dApp feature allows users to view their or other users’ portfolios of digital tokens, browse dApps in the ecosystem, and access a web interface version of their wallet (collectively, the “dApp Feature,” and together with the Wallet Feature and any Third-Party Services, the “Services”). The Services include support channels, including on third-party platforms such as Telegram and Discord, as well as other resources, including FAQs and help articles that we publish periodically.

2.2 By using Swag Eco, You acknowledge, understand, and agree that Swag Eco is self-custodial in nature. As such, You are solely responsible for safeguarding, retaining, and securing Your seed phrase, private keys, and password. Your seed phrase is the master key that allows You to access Your digital tokens. If You lose Your seed phrase, You will not be able to access Your digital tokens. Swag Eco may provide access to simplified wallet experience services such as alternative authentication mechanisms, signing services, and other account abstractions. You acknowledge, understand, and agree that such services may be provided by third parties, and You remain solely responsible for the safeguarding, retention, and security of Your alternative authentication credentials in connection with such services. No one at The Swag Group will be able to recover Your seed phrase, private key, password, or alternative authentication credentials. Do not share Your seed phrase, private keys, password, or alternative authentication credentials with anyone. Anyone who knows Your seed phrase will be able to access and transfer Your digital tokens. You acknowledge that we do not store and are not responsible in any way for the safeguarding, retention, security, or recovery of Your seed phrase, private keys, password, or alternative authentication credentials.

3.1 In addition to the Services made accessible through Swag Eco, Swag Eco may provide access to information, products, and services provided by third parties and dApps, including links to other websites (collectively, “Third-Party Services”). Third-Party Services include, without limitation, services like MoonPay, which enables users to interact directly with such services and dApps to purchase and sell digital tokens; CoinGecko, which provides market data for various digital tokens; and other similar services that may be incorporated over time. If You access or use Third-Party Services, please note that You may be interacting directly with such services and dApps and will be subject to their terms, policies, and fees. Please review the terms, policies, and fees of such third parties, which govern Your use of those Third-Party Services and are in addition to these Terms. You agree that the providers of such Third-Party Services may disclaim any liability to You. Any terms relating to Third-Party Services provided in Swag Eco are provided as a convenience only; please check the respective websites for the latest terms. You acknowledge that we may receive a fee from third parties that provide such Third-Party Services.

3.2 We provide access to Third-Party Services only as a convenience; You may elect to use Swag Eco to access a Third-Party Service or directly access a Third-Party Service through an interface made available by the provider of such Third-Party Service. We do not have any control over Third-Party Services. We make no warranties or representations, express or implied, about Third-Party Services, the third parties that developed or operate Third-Party Services, or the suitability of their products or services. We offer no guarantees and assume no responsibility or liability of any type arising from or in connection with Third-Party Services, including, without limitation, any loss or theft of funds, any loss or theft of seed phrases, private keys, passwords, or alternative authentication credentials, or any liability resulting from the availability (or lack thereof) of Third-Party Services. You agree not to hold The Swag Group responsible or liable with respect to Third-Party Services or seek to do so.

By using Swag Eco or the Services, You represent, warrant, and covenant that:

You may not download, access, or use Swag Eco for any purpose other than that for which we make Swag Eco available. As a user of Swag Eco and the Services, You agree not to:

(Additional acceptable use policies can be outlined further.)

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Swag Eco or the Services ("Submissions") provided by You to us shall become our sole property. We shall own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.

We reserve the right, but not the obligation, to:

We may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions You transmit may be treated in accordance with the Privacy Policy. When You create or make available any Contributions, You represent and warrant that:

Any use of Swag Eco in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of Your access to Swag Eco.

You agree that we may access, store, process, and use any information and personal data that You provide following the terms of the Privacy Policy and Your choices (including settings). We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Site. You are solely responsible for Your Contributions to the Site, and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Contributions.

These Terms shall remain in full force and effect while You use Swag Eco. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY AVAILABILITY OF SWAG ECO OR THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

11.1 We do not guarantee the completeness or accuracy of any information provided to You on or through Swag Eco or the Services. We reserve the right to change, modify, or remove the contents of Swag Eco at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in Swag Eco. We make no representation as to the availability, functionality, or quality of Swag Eco, including any features, hardware, or communications. We will not be liable to You or any third party for any modification, change in fees, suspension, or discontinuance of any or all of Swag Eco.

11.2 There may be information on Swag Eco that contains typographical errors, inaccuracies, or omissions, including, without limitation, descriptions, schedules, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice. In addition, we reserve the right to change, revise, update, suspend, discontinue, or otherwise modify all or part of Swag Eco or the Services at any time or for any reason without notice to You. Nothing in these Terms will be construed to obligate us to maintain and support Swag Eco or to supply any corrections, updates, or releases in connection therewith.

These Terms and Your use of Swag Eco and the Services are governed by and construed in accordance with the laws of the State of Nevada, applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of laws principles.

13.1 Binding Arbitration

This section contains a binding arbitration clause and class action waiver. They affect Your and our rights concerning the resolution of any dispute between You and us.

13.2 Agreement to Arbitrate

You and The Swag Group agree that the sole and exclusive forum and remedy for a Dispute shall be final and binding arbitration pursuant to this section entitled “Dispute Resolution” unless You opt out as provided below. “Dispute” shall include any dispute, claim, or controversy arising out of or relating to these Terms and/or the activities or relationships that involve, lead to, or result from these Terms, including, without limitation, our marketing activities. Both You and we further agree to waive our right to a jury trial.

13.3 Exceptions to Arbitration

You and The Swag Group agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

(a) Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party;

(b) Any claim for injunctive relief; and

(c) Any Dispute that may be brought in small claims court.

13.4 Opt Out of Arbitration

You may opt out of the binding arbitration described in this section by sending us written notice of Your desire to do so by email at legal@theswaggroup.co (such notice, an “Arbitration Opt-out Notice”) within 30 days following the date You first agree to these Terms. The Arbitration Opt-out Notice must include Your full name and address and clearly indicate Your intent to opt out of binding arbitration. If You do not provide us with an Arbitration Opt-out Notice within the relevant 30-day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in the “Exceptions to Arbitration” provision above.

The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in technology and blockchain, who is jointly selected and mutually approved by You and us or, if You and we are unable to or fail to agree on the selection of the arbitrator within 15 days of the demand for arbitration being served, appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures, except as modified by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this section shall control, unless the parties agree otherwise.

Arbitration proceedings will be held in Las Vegas, Nevada. The results of the arbitration procedure will be considered confidential information by both You and us. Any arbitration decision rendered will be final and binding, and judgment thereon may be entered in any court of competent jurisdiction.

If we elect arbitration, we shall pay all JAMS filing costs and administrative fees (other than hearing fees). If You elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the JAMS Rules or in accordance with countervailing law if contrary to the JAMS Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives You the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

You and The Swag Group agree that any arbitration shall be limited to the Dispute between the parties individually. TO THE FULL EXTENT PERMITTED BY LAW, NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. If this specific paragraph (“No Class Actions”) is held unenforceable in its entirety, then the entire Dispute Resolution section will be deemed void.

In the event that a Dispute falls within one of the aforementioned exceptions to arbitration, or if the Dispute Resolution section is found not to apply, the exclusive jurisdiction and venue for any Dispute will be the state and federal courts located in Las Vegas, Nevada, and each of the parties waives any objection to jurisdiction and venue in such courts.

Swag Eco and the Services (including Third-Party Services) are developed using and made available on blockchain technology, which is subject to additional risks. By using Swag Eco or the Services, You explicitly acknowledge and accept all such risks.

19.1 No Custody

Swag Eco is self-custodial in nature. As such, You are solely responsible for the safeguarding, retention, and security of Your seed phrase, private keys, password, and any alternative authentication credentials. If You lose Your seed phrase, You will not be able to access Your digital tokens. You acknowledge that we do not store and are not responsible for the safeguarding, retention, security, or recovery of Your seed phrase, private keys, password, or alternative authentication credentials. You agree to hold us harmless from and against any loss, damage, liability, claim, or demand arising from or in connection with the loss of Your seed phrase, private keys, password, or alternative authentication credentials.

19.2 No Advice; No Reliance

All information provided in Swag Eco or in connection with Your use of Swag Eco or the Services is for informational purposes only. Any information contained in Swag Eco is not intended as, and does not provide, investment or financial advice. You agree that You are fully responsible for Your financial and investment decisions. You should seek advice from qualified professionals, including financial advisors, tax advisors, legal counsel, or investment professionals.

19.3 Digital Token Volatility and Characteristics

Using, buying, holding, and selling digital tokens involve certain risks of financial loss. Digital tokens may experience extreme fluctuations in value, including total loss. You acknowledge and agree that these risks are inherent in the nature of digital tokens and blockchain technology, and we are not responsible for any loss You may incur as a result of a decrease in the value of Your digital tokens.

19.4 Technical and Operational Risks

Blockchain networks and digital tokens are subject to technological risks such as downtime, delays, errors, and security breaches. These risks may impact the availability or usability of Swag Eco and the Services. You assume full responsibility for monitoring these technological changes and understanding their impact on Your digital tokens.

19.5 Legislative and Regulatory Risks

Digital tokens and related technologies are subject to evolving legal and regulatory uncertainty. Legislative and regulatory actions may impact the usage, transferability, and value of digital tokens or access to the Services. We are not liable for any adverse effects due to such actions.

20.1 IN NO EVENT WILL THE SWAG GROUP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL NOT EXCEED $100. CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold The Swag Group and its subsidiaries, affiliates, officers, directors, employees, agents, and contractors harmless from any and all claims, liabilities, losses, damages, expenses, or demands, including legal fees, arising from or relating to Your use of Swag Eco, the Services, or any violation of these Terms. This includes claims from third parties alleging that Your Contributions or Submissions infringe their intellectual property rights.

We will maintain certain data that You transmit to Swag Eco for the purpose of managing the performance of Swag Eco, as well as data relating to Your use of Swag Eco. You are solely responsible for all data that You transmit or that relates to any activity You undertake using Swag Eco. We are not liable for any loss or corruption of such data.

Visiting Swag Eco, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email or on Swag Eco, satisfy any legal requirement that such communication be in writing.

These Terms and any policies or operating rules posted by us on Swag Eco constitute the entire agreement and understanding between You and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is determined to be unlawful or unenforceable, that provision is severable from these Terms and does not affect the validity or enforceability of any remaining provisions.

You agree that these Terms will not be construed against us by virtue of having drafted them. You waive any and all defenses You may have based on the electronic form of these Terms and the lack of signing by the parties to execute these Terms.

If you have any questions about these Terms or your use of Swag Eco, please contact us at:

9717 Plateau Heights, Las Vegas, NV 89144, USA

Email: support@theswaggroup.co