Last update: 29 October 2024
These Terms of Service (“ToS”) govern the website-hosted user interface accessible from the web domain https://taparooswap.com/ (the “Website”).
The Website is made available by Giga Brain Ltd. Panama City, Panama (the “Company”).
The Website is designed to facilitate the access by users to the Taparoo decentralized services, which consist of decentralized financial applications built on top of Bitcoin and TAP Protocol (the “Services”).
At the moment, the Services accessible through the Website are:
The ToS, the Privacy Policy, and the Cookie Policy are collectively referred to as the “Agreement.” The features of the Website are the ones available on the date of your access.
The Website and its domain are the exclusive property of the Company.
Please read the Agreement carefully before using the Website and the Services. By accessing and using any part of the Website, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of the Agreement, we kindly invite you to leave the Website.
The Company does not offer financial services, nor does it aim to encourage investments in crypto-assets, nor does it provide financial advice, nor does it carry out any activities reserved for licensed crypto asset/virtual assets service providers under any legislation. This Website is provided as a mere tool to enable users to engage in crypto-asset related operations, with no endorsement or recommendation of crypto-asset trading activities.
In any case, the Website is exclusively intended for individuals located in Panama. We do not encourage individuals located in other countries to access the Website, nor do we advertise the Website and the Services in other countries.
By using the Website and entering into the Agreement, you also acknowledge the fully decentralized and disintermediated nature of the Services, as explained in the next clause.
The Services are fully decentralized and disintermediated because of the following features:
Due to the above, the Company has no control over the Services, which are provided in a fully decentralized manner without any intermediary.
Any reference to TAP Protocol, or any other trademark belonging to or technology provided by TRAC Systems UG, is meant to elucidate the technology on which the Services are based, and citations and use of trademarks have been duly authorized by TRAC Systems UG.
The acceptance of the ToS is presumed on the basis of your use.
In order to avoid collecting your data, we do not require any registration. However, to use the Services you must use a non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Website, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.
The development, maintenance, and updating of the Website incur costs for the Company, which is why our Company reserves the right to apply fees on transactions you carry out using the Services through our Website. The applicable fees are those in effect on the date you access the Site, and we reserve the right to remove or modify them at our discretion.
In addition to the above, you should know that blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). Except as otherwise expressly set forth in the terms of another offer by the Company, you will be solely responsible to pay the Gas Fees for any transaction that you initiate via the Website.
The User acknowledges and accepts that:
The User acknowledges and accepts that:
The User may address requests to the Company through the contact information available on the Website. You may send requests, by way of example - and not limited to - submit ideas to or share doubts with the Company.
If the User provides ideas, suggestions, or other feedback in connection with the use of the Website ("Feedback"), such Feedback is not confidential and may be used by the Company without restriction and without payment to the User.
The Company will process the Data transmitted by the User when contacting the Company for the sole purpose of executing the issue governed by the ToS, and therefore on the basis of assumptions of a contractual nature, in accordance with the provisions of the Privacy Policy.
The Company has the right to:
The Website is provided on an "AS IS" and "AS AVAILABLE" basis and the Company makes no warranties, express or implied (including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose), and may be temporarily inaccessible or otherwise defective or delayed.
The Company will not, under any circumstances, be liable if one or more features are temporarily or permanently inaccessible.
In particular, the Company makes no warranty as to:
Any material accessed, downloaded, or otherwise obtained through the use of the Website is done at the User’s own discretion and risk, and the User will be solely responsible for any damage to the User’s computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the User from the Company or through or from the Website will create any warranty not expressly stated in the Agreement.
The Company does not guarantee the provision of technical assistance in relation to the Website.
The Website is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your crypto-assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold, and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet. Likewise, you are solely responsible for any associated wallet, and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.
This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
In accordance with the general global regulations on liability exemptions for information technology service providers, the Company cannot be held liable for the information transmitted or accessed by users through the Website. In particular, the Company shall not be liable for the information transmitted or accessed, on condition that the Company: (a) does not initiate the transmission; (b) does not select the receiver of the transmission; and (c) does not select or modify the information contained in the transmission.
As a result of providing you access to Services through our Website, you will have the chance to view and purchase crypto-assets offered by third parties. Such parties are independent from us, and we have no control over the crypto-assets or any content, information, or other materials offered by such third parties. If you believe that any crypto-asset made available on the Services is unlawful or you believe that any trademark or graphic illustration accompanying them violates your trademark or your copyrighted work, despite our position as providers of mere web-hosted user interfaces, we will receive your notices pertaining to such infringements and will take appropriate actions within the limited scope of our role. You may submit such notices using the contact details indicated on our Website or below.
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensees from any and all losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (i) your use of or inability to use any of the Company property; (ii) your breach of Agreement; (iii) your violation of any rights of any Third Party or User; (iv) your violation of any applicable law, rule, or regulation. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with the Company in asserting any available defences. You agree that the provisions of this present clause will survive any termination of the Agreement.
By using the Website, you understand that you are not buying or selling crypto-assets from us and that we do not operate any liquidity pools on the Services or control trade execution on the Services. When traders pay fees for trades, those fees accrue to liquidity providers for the Protocol. As a general matter, the Company is not a liquidity provider into liquidity pools, and liquidity providers are independent third parties.
You agree and understand that: (a) all trades you submit through the Website and any of the Services are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades, including those you place via our Auto Routing API; and (c) we do not conduct a suitability review of any trades you submit.
Unless otherwise indicated on the Website with specific reference to certain items on the Website, the Company is the exclusive owner of all Intellectual Property Rights in the Website.
All the Company trademarks, trade names, logos, domain names, and any other features of the Company brand are the sole property of the Company or its licensors. The ToS does not grant you any rights to use any of such features whether for commercial or non-commercial use.
The provision of the Website by the Company will not be considered as an assignment or licensing by the Company in favour of you of any Intellectual Property Right on the Website.
By accessing and using the Website, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of crypto-assets such as Bitcoin, so-called stablecoins, and other digital tokens.
In particular, you understand that the markets for these digital assets are nascent and highly volatile due to risk factors including, but not limited to, adoption, speculation, technology, security, and regulation. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. So-called stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralized, and may be subject to panics and runs.
Further, you understand that blockchain-based transactions are irreversible when confirmed and are executed and settled automatically.
In summary, you acknowledge that we are not responsible for any of these variables or risks, do not own or control the Infrastructural Layer or the Architecture, and cannot be held liable for any resulting losses that you experience while accessing or using the Website and the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Website and the Services.
Users who are resident in certain jurisdictions where crypto-assets related operations are prohibited may not be allowed to access the Website. In any case, the Website is intended for such individuals other than the ones located in Panama.
The Company reserves the right at any time to modify this Agreement and any legal document present on the Website, or to add at any time new or additional terms or conditions on your use of the Website. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Website will be deemed acceptance thereof.
Contact details are available on the Website. For general information, you may reach us at [email protected].
The Agreement regulates the relationship between the Company and the User and does not create rights in favour of, nor obligations against, Third Parties.
Any tolerance by the Company of the conduct of the Users in violation of the provisions contained in the Agreement does not constitute a waiver of the rights arising from the provisions violated, nor the right to require the exact fulfilment of all terms and conditions therein.
The Company does not provide the Website and features to individuals who do not have the legal capacity to act to accept the Agreement as set out in their home country's legislation.
The rights and remedies included herein are not exclusive, but are in addition to any other rights and remedies available under applicable law.
Any limitation or exclusion of liability provided for in favour of the Company in the Agreement will apply to the fullest extent permitted by law.
The Agreement is governed by the law of the state of Panama. Any dispute concerning the interpretation, execution, termination, or validity of the Agreement will be submitted to the exclusive jurisdiction of the Panama Courts.
Should the provisions of this Clause be inapplicable according to the mandatory rules of the country of the Users, then the applicable law and the competent Court will be determined according to the laws of such country.
You must bring any and all disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding.