Terms of Service
Last Updated: April 21st, 2022
Hi! Welcome to Defi.WalletSwap, owned and run by _, Inc. d/b/a DEFI, Defi.NFT, DefiWallet,
Defi (“Defi.NFT,” “we,” “us”, or “our”). These Terms of Service (“Terms”) guide your ability to use the
Defi.NFT website(s), apps (the app.), APIs, and any software, features, or systems given in
connection to our services; not limited to using our services to observe, find, and make NFTs and
use our resources, at your own discretion, to communicate directly with other users to buy, sell, or
transfer NFTs on public blockchains (“Service”). In these “Terms”, NFT means a non-fungible token or
is synonymous with a digital product applied on a blockchain (such as the Ethereum blockchain),
which can use smart contracts to connect or associate with any specific content or data.
In regard to these “Terms”, “user”, “you”, and “your” is equivalent to you as the user of the Service.
If you use the Service for another entity, then “you” includes you as well as that entity, and you
coincide that (a) you are authorized as a representative of that entity and have the means to
operate based on these Terms, and (b) you accept these “Terms” on the entity’s behalf.
DefiWalletSwap is not an exchange, financial institution, broker dealer, or creditor. DefiWalletSwap
gives a peer-to-peer web3 service that enables users to find and directly communicate with other
users and NFTs made available on public blockchains. Deft.NFT or DefiWallet does not possess or
control the NFTs or blockchains you are engaging with, and we do not complete or determine
purchases, transfers, or any sales of NFTs. In order to use our Service, you must utilize our in-house
wallet which enables you to process transactions on a blockchain(s).
DefiWalletSwap is not an accomplice to any transaction or agreement between users. The user has
the full responsibility of determining the identity, legitimacy, and authenticity of any NFTs that you
buy from third-party sellers using the Service, and we do not cosign any claims about the identity,
legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such
NFTs) visible on the Service.
With our ever growing list of services, there may be a time when additional terms may be provided
for specific services. They will be allocated promptly, and are still subject to this agreement. If any
conflict arises within these Terms, additional terms will be provided accordingly. DefiWalletSwap
maintains the right to modify these Terms at our discretion. If any changes are made to these Terms,
we will amend promptly and you will be provided notice by the “Last Updated” at the beginning of
these Terms of Service. If you continue to access or use the Service, you are assumed to have
confirmed your compliance as of the date effective. With continued use of the service, it is assumed
that you accept the revised Terms by the effective date. Understanding that these new Terms apply,
and accepting them is your sole responsibility when you use or access the service.
II. Service Accessibility
As with most of web3, your blockchain address acts as your identity on DefiWalletSwap. Because of
this, a blockchain address will be needed as well as a cryptocurrency wallet to use the Service. Your
account on the service (“Account”) is connected with your blockchain address; but if you want to be
extra awesome, you can personalize your information displayed as your Defi.NFT or DefiWallet
DefiWallet contains software that creates a Wallet address that is encrypted by personal keys that
enable you to transfer (send and receive) crypto. It also allows the User to search third party
decentralized apps within the browser and helps bring the life to the Crypto transaction data on a
blockchain without having to download the associated software to the local device you are using the
Service on. The User private key is combined with the Wallet address and both are used to accept
and authorize the transfer or movement of Virtual Currency both to and from your Wallet address.
The responsibility of the security of your User Key as well as your back up phrase is solely your. It is
highly suggested that you take this subject seriously as it will prevent the worse from happening
which is the loss of control of your Virtual Currency stored. There is no such as a password retrieval
or a regeneration of your back up phrase. If this private information is not properly stored, you will
lose the ability to access your Wallet.
Your Account on Defi will facilitate your linked blockchain address and show the NFTs for that
blockchain address as well as any other content associated with that NFT. By using your wallet
adjacent with the Service, you concur that your use of that wallet is in agreement with the terms
and conditions of that wall provider. Wallets are not controlled by, upheld, or associated with
Defi.NFT, and DefiWalletSwap does maintain or have control of anything associated with your
wallet. Defi has no responsibility for, or liability to you, in conjunction with the applicability of your
wallet and does not uphold that the wallet will perform in any specific way regarding our Service.
The security of your wallet is your responsibilty. If you discover an issue related to your wallet,
please contact your wallet provider. The Service has no liability to any omissions or discrepancies
associated with your wallet. You agree to immediately notify us if you discover or otherwise suspect
any security issues related to the Service or your Account.
This Service, as well as its aesthetic (e.g., font, graphics, any images, logos, headers, icons or scripts),
software, information and all content and other materials contained, including the Defi logo itself
and any works associated with are the proprietary property of not only Defi, but its users, licensors,
and associates and you testify that you will not take any actions deemed detrimental to any
ownership interests. All rights in conjunction with the Service are upheld by Defi.NFT as well as its
affiliates, licensors, and users which includes creation of any subordinated works.
Defi’s name, likeness (e.g., logos, trademarks), are the intellectual possession of Defi.NFT, and any
Defi.NFT associates or licensors name, likeness, trademarks, may not be duplicated or used for any
reason without permission before the occurence. No trace or metatags using “Defi”, “DefiWallet”,
“Defi.NFT ” or anything associated is permitted without prior authorization. Conclusively, the
“aesthetic” of the Service may not be duplicated or used for any reason without permission before
the occurrence. Third party trademarks and products named by the Service or implicated in the
content paired with a NFT seen on the Service belong to their owners and also can not be duplicated
or used without prior consent. A reference to a third party product, service, trademark, or
sponsorship is not equivalent to a recommendation by Defi.NFT.
IV. Content Access
If these Terms of Service are not upheld by the User, any personal license(s) provided to access this
Service is revoked. All content and software made applicable for the user are non-binding, and any
licenses granted to use as part of the Service is based on the User following all Terms set forth.
Permissions to use this service are non-commercial, non-assignable, non-sublicensable,
non-transferrable, and non-exclusive. Users have the right to make a single copy of the app onto any
equipment whose purpose is to enable use of the Service in accordance with these Terms, assuming
that your permission to use any content in accordance with any NFTs is applicable by the seller or
creator of such NFT. Users may not submit any content to the Service that is malicious in nature, or
designed to infringe upon the Service in any manner.
Third Party Services and Content are upheld to the same standards as the services provided by
Defi.NFT. As with most peer-to-peer and web3 services, you will be able to explore and
communicate with different blockchains. Defi.NFT does not guarantee the legitimacy or legality of
any NFT9s) that you purchase from third party sellers. All responsibility to thoroughly inspect the
authenticity of said NFT(s) is solely on the User. There is no guarantee that any NFT visible on
Defi.NFT will stay available to be purchased, transferred, or sold. Any transactions between Users
related to NFT(s) or NFT content are subject to terms set forth by buyers and sellers. Defi.NFT is not
associated with said “Purchase Terms”, and it is the responsibility of the parties involved to review
any terms agreed to or enforced by buyer and sellers.
V. Conduct Agreement
DefiNFT provides an equal opportunity for all individuals and wishes to promote a positive environment
for all users alike. With this in mind, it is imperative that DefiNFT protects its community through any
legal avenue available and maintains the right to take action without notice if we believe you have
violated the Terms aforementioned. This can mean disabling the Service as a whole, or blocking any
transactions that are deemed harmful. By use of this Service, you agree that you will abide by any laws,
contracts, intellectual or property rights while using the Service. Additionally, all Use of this Service is
held liable by the Code of Conduct listed below:
User may not:
- use an account not given proper authorization for, and will not attempt to use another user’s account without permission.
- Fail to maintain a legal identity and will not implicate self as another person or entity.
- access service through a different blockchain if prior address was prohibited by Service.
- Distribute unsolicited or misleading information regarding NFTs.
- Use any technology or software that can harm the functionality of the Service.
- Bypass directives that maintain use of the Service, (e.g. multiple IP addresses, or anything else that hinders the signals that obscures the source of traffic being sent to the Service).
- Extract data from the Service.
- Reverse engineer the Service to tailor users’ individual needs.
- Attempt to obstruct DefiNFT fee systems.
- Manipulate search results, or fabricate view counts or any other metrics used by the Service.
- Use the Service for advertising, or any other form of promotion of third party services or content not affiliated with Defi. Any form of advertising on the platform(s) provided by the Service is a violation of these Terms and will be subject to immediate repremandmaent and/or revocation of the provided Services.
- Use the Service for money laundering or any other illegal finance transactions.
- Use the service or help individuals use the Service from a country that is not in legal compliance with the United States.
- Use the Service to imply that financial activities will be taking place in regards to registration or licensing, (e.g. securities, commodities, options, or debt transactions).
- Connect NFTs with any ICO or securities offerings.
- Violate the intellectual property rights of other users.
- Use the Service to transact goods that are deemed fraudulent or illegally seized.
- Create content that is intended to promote self harm, or child sexual exploitation.
- Use the Service in a way that will harm others or stop them from reaping any benefits of using the Service.
VI. User Contact Preference
Notifications and communication by the Service are agreed upon once the User creates an account, but
is not considered a standard condition to use the Service, and can be opted out at the User’s discretion.
Communication by the Service to the User (e.g., email, text, push notifications).
When using the Defi.NFT App obtained from the Google or Apple App Store you agree to the Terms set
forth by Defi.NFT and understand that these Terms are solely between you (the User) and the Service.
Google/Apple bears no responsibility or ownership over the Service, and any regulations set forth by
Google or Apple regarding the use of their app store or apps must comply with their applicable Terms of
Use. Google or Apple is not burdened by any support services, maintenance, or content with respect to
Defi.NFT. Furthermore, Google or Apple is not responsible for any liabilities or damages in regards to the
Service, and your acknowledgement of the use of a third party in regards to the Service stipulates that
any failure to abide by the Terms set forth will be enforced by the Service. Any third party agreement
agreed to by the User while using the App is held accountable by the agreement thereof and based upon
your acceptance of these Terms in relation to the use of the App gives any third party the right to enforce
their Terms accordingly.
VIII. Assumption of Risks
User is aware and accepts the risks that come along with the buying, selling, transferring, holding of NFTs
and the use of blockchain technology. These risks can include everything from losing a NFT because of a
lost private key, an exchange error, security breaches, regulatory interruption, tax risk, volatility, etc. The
amount of monetary worth of each token is subjective and although collectible, the assets on the
blockchain have no innate value, nor does any DefiNFT product. The purpose of each NFT is for the
personal enjoyment of the User whether through adding or trading these digital assets. If the value of
the item appreciates in value this does not mean that the digital collectible can be assumed an
investment or a form of currency. Furthermore, the purchase of a DefiNFT product is not considered the
purchase of DefiNFT equity, and the portrayal of these products as a chance for economic gain is
The Service has taken substantial steps to uphold the security and functionality of the smart contracts
that are essential to the products that are directly minted by DeFi.NFT. With that said, if a situation were
to arise and the functionality of said smart contracts were to fail in any way, Defi.NFT is not responsible
for any exploitation or viruses that can be used to cause you harm or meant to defraud. All information is
available and you acknowledge that you have done research on the code of the smart contract as well as
the NFT and accept the risks associated. With the ever changing regulatory landscape regarding
blockchains, cryptocurrencies, and tokens, there is always a chance that new policies will arise that harm
the enhancements of Defi.NFT as well as its products. Any adverse effect this may have on your Defi.NFT
product is not the responsibility of Defi.NFT. Any transaction made outside of the marketplace the
Service provides is made completely at your own risk. Defi.NFT does not endorse these transactions and
disapprove of any liability related to such transactions and can not hold you harmless for any loss related
to said transactions made outside of the marketplace provided by Defi.NFT.
By consent of these Terms as well as assessing the Service provided, you acknowledge and agree to the
fullest extent allowed by applicable law, to indemnify, defend, and hold harmless Defi.NFT as well as our
employees from past to present, any individual that has ever been directly associated, equity holders,
parent companies, subsidiaries, consultants, suppliers, and assigns (individually and collectively, the
“Defi.NFT Parties”) from and against any claims damages, awards, judgements, losses, fees, expenses,
obligations, costs (e.g., court costs, settlement, costs of chasing indemnification and insurance), of any
and every kind no matter if known or unknown in law or equity or anything otherwise such “Claims”
related to damages that may arise from personal or property injury that are the cause of the misuse of
the Service or Products we provide, a NFT or any content related to a NFT, a violation of the Terms or an
applicable law or regulation, and willful negligence in relation to the violation of your rights by a third
party. Prompt notification to Defi.NFT is agreed upon by accepting these terms, and you vow to give
Defi.NFT control of defense or settlement of any claim if one were to arise.
To the fullest extent that is permissible by law, you agree that under no circumstance will Defi.NFT or its
entities be held liable a). for any damages whether direct or indirect, incidental, or punitive such as the
procurement of substitute services, data or profits, or any other damages that come from you not being
able to use the services no matter the cause or assumption of any liability whether through these Terms
or otherwise connected to the Service even if Defi.NFT has been advised of said potential damages or b).
for any other claim coming from or parallel to the Terms or the Services received. Although certain
jurisdictions may not allow the limitation of incidental or consequential damages, the aforementioned
limitation may not apply to you. The Defi.NFT entities’ only liability to the User for any damages awarded
may not surpass the amount you paid for the Defi.NFT entities or products over the past six (6) months
depending on the nature of the claim. Said limitations will still apply even if a viable solution is reached.
User comprehends and through access to the Service agrees that DEFI is not held liable, nor has any
control over events that may cause the failure, interruption, or lag in converting or transferring
cryptocurrency while using the Service provided. This can include but is not limited to; hardware or
software malfunctions, viruses found in the underlying technology of DeFiWallet, wallet information
hacks such as your wallet address or private key and phrase, and the possibility of changes to the Crypto
network. User obliges to release DEFI from any liability of losses or damages stemming from; the User
forgetting their password, submitting transactions without properly assessing either party, transferring
any cryptocurrency to the wrong location, any form of data loss, security breaches, any unauthorized
security failures related to a third party action, or errors in the Defi Wallet software caused by the use of
viruses, phishing exercises, malware or any third party content and services that can be accessible by
DEFI. All terms or conditions represented by a third party related to said content is between you (the
User) and the third party.
Your decision to use and access the Service is completely at your own risk. The Services given are both
“AS IS” and “AS AVAILABLE”. Defi.NFT and its various associates (Defi.NFT Entities) hereby disclaim all
warranties and conditions, whether given or implied, of merchantability fitness for a particular purpose
or non-infringement. Defi.NFT Entities do not represent and reject all responsibility in regards the the
reliability of the Service, any harm to the technology used to access the Service, any compatibility issues
with any other application used, the availability of the Service undisturbed on an error-free basis, and
the failure to communicate or hold User Content or communications withheld by the Service.
Information stating otherwise does not create a representation that has not been specifically expressed.
The DefiNFT Entities are not responsible for any content created, uploaded, transmitted or saved on our
Services through a third party. If in any instance there is content presented to you that may be offensive,
illegal or inappropriate, Defi.NFT (and Entities) will not be held liable or responsible for the exposure.
XII. Disputes and Resolutions
By accessing this Service you agree to handle any disputes through an informal process before taking it
to its corresponding jurisdiction. These Terms dictate that if for any reason a conflict arises between you
and Defi.NFT, you will attempt to resolve said conflict directly with Defi.NFT before resorting to any
court action and a good faith effort must be made to resolve said conflict. The meeting between both
parties is subject to the statute of limitation based on the initial meeting whether through
videoconference, in person, or in writing.
If the informal process leaves any disagreement or claim unsolved regarding the Services and/or
products provided by Defi.NFT you hereby agree that any claim must be presented to and settled by
binding arbitration enforces by JAMS under its Comprehensive Arbitration Rules and Procedures and the
JAMS Consumer Minimum Standards. You and Defi.NFT agree that any claims or disputes can only be
brought forth based on an individual and neither party can be seen as a plaintiff in any “Class”, also Class
arbitration can not take place without the written permission of both parties.
All costs and fees related to arbitration by JAMS under the amount of $1,000 will be paid by Defi.NFT
unless by ruling seem frivolous in an initiated claim by the User. You are still responsible for any excess
fees such as witnesses and attorneys. The decision to opt-out of the Terms of Arbitration by the User can
be communicated by a written notice to: __. However, you decide not to be bound by these
Terms Defi.NFT will opt-out of these Terms as well.
As the User, you are the only one liable for your preferences of using the Service as well as any
information you give not limited to following: any lawful procedures, rules, or regulations, including
these Terms along with the User Conduct aforementioned. Defi.NFT maintains the right to display, post
or submit any content that is created on the Service but does not claim ownership. By using the Service
to create or submit content, you give permission to Defi.NFT to use the content to promote, help, or be
an addition to the Service. This encompasses any digital art or files paired with or associated with any
NFTs shown on the Service. By use of this Service, you are assumed to have gathered all necessary
licenses and permission regarding the content you choose to display through the Service. Nothing you
post or submit can contain any material that violates any form of copyrights or intellectual property
rights unless permission has been properly obtained and the content does not break any laws or
XIV. Termination Procedure
If you (the User) break any of these Terms, Defi.NFT has the right to terminate, suspend, or revoke all
privileges and access to the Service at any time for any reason deemed fit and is not obligated to refund
any fees related to your access to the Service.
XV. Changes to the Service
Defi.WalletSwap has the right to change or suspend the Service (and its features) at any capacity
for any amount of time without liability as a result.
XVI. Injunctive Relief
You uphold that severance of these Terms by you “the User” will cause irreparable injury to
Defi.WalletSwap that can not be solely remedied by monetary damages and Defi.WalletSwap maintains
the right to any relief seen equal in addition any remedies it may have hereunder or at law without a
bond or proof of damages.
XVII. Residents of CA
Defi is operated on St Vincent & the Grenadines. No matter your location, while accessing the Service,
you are bound by the laws and regulations of the location our Service is based out of. .
You acknowledge that you can not export or re-export, directly or indirectly, the Service or any additional
goods or intel given by DefiNFT to any country that requires and export license by the United States to
be approved. Specifically, the Service can not be exported or sent out to (a) any U.S. embargoed
countries or any country designated “pro-terrorism” by the United States, or (b) anyone that is on any list
of U.S. Government prohibited parties by the the U.S. Treasury or U.S. Department of Commerce. By
accessing the Service, you agree that you are not located in any country or not included on any list
mentioned and only you are liable and hereby concur with all applicable United States export laws and
If any section of these Terms are deemed in void or unfurnished for any reason then only that specific
section will be seen as severable and it will not change the authenticity or power to enforce any of the
remaining sections. These Terms and licenses can only be granted to you under the written consent of
DefiNFT. The Terms listed are to be used for reference and not mistaken to have any legal effect. The
Services provided are operated in the United States and if the decision to use the Services outside of the
United States is made then it is made with the awareness of any local laws and regulations. Additional
information and documents may be required under certain circumstances, if requested by any
government authority, as any applicable law or regulation dictates, or to investigate a potential
violation of these Terms. If Defi.NFT decides, it may do anything necessary to complete an
investigation not limited to disabling, or locking your account. If you do not comply with said
investigation, Defi.NFT may decide not to restore your ability to use the Service. The Terms
aforementioned are withheld by the government of (state) and the state will provide a proper facility for
any additional arbitration necessary. You and Defi.NFT agree that the United Nations Convention on
Contracts for the International Sale of Goods do not apply to how these Terms were communicated or
The entirety of these Terms will survive and be enforced notwithstanding any termination of these Terms
by either party nor will they limit any rights or equity held by DefiNFT.
BY ACCEPTING AND/OR USING OUR SERVICE, YOU OBLIGE TO BE HELD BY
THESE TERMS AND ALL OF THE TERMS ARE INCORPORATED HEREIN BY REFERENCE.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE