Welcome to HoudiniSwap LLC. (The “Company”). By accessing and using the Company website and its conduit swap system (the “Houdini Swap“) you agree to the following terms and conditions that may be modified, changed, supplemented, or updated periodically (collectively, these “terms”), as well as all applicable laws and regulations. The Terms of Use Agreement (“Agreement”) affects your legal rights, as a result, we suggest you read it carefully. If you do not agree to all the stipulated terms and conditions, you may not use this Website, swap digital currency such as BTC, BNB, ETH and USDT (“Digital Currency”), nor use any information, links or content contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to comply with each of the terms and conditions established below, including our Privacy Policy, which are incorporated in these terms and conditions by reference.

These terms may be modified, changed, supplemented, or updated by the Company in its sole discretion at any time without advance notice. We suggest that you visit this page regularly to keep up to date with any changes. If you do not agree to such revised terms, you must stop immediate use of this Website and any information, links or content contained on this Website.

The Company provides the following services:

Allows the user (“User”) to select the digital currency User wishes to exchange from (the “IN Token”) and the digital currency that User seeks to receive (the “OUT Token”). In all cases, both the IN Token and OUT Token are paired with Monero (IN Token and OUT Token are jointly referred to as the “Crypto Pair”).

Aggregates various exchange quotes and optimizes for the lowest fees and maximum security based on vendor quotes.

Allows User to accept these quotes and route their transaction to the respective exchanges.

Provides an exchange-generated destination address where the User may send funds into to initiate the exchange.

Helps track the funds as they move through the two exchanges.

At no point does the Company safekeep, store, transfer, transmit, or route users funds or assets. User funds or assets are transferred and transmitted by exchanges, not Houdini Swap. For greater clarity, Houdini Swap has no access to the exchange-generated address, however it can reach out to the exchange for support.

The site is not intended for use by anyone under the age of eighteen (18). Digital Currency may not be purchased or swapped through the Site by anyone under the age of eighteen (18). By using the Site and/or purchasing or swapping digital currency through this Site, you represent and warrant that you (a) are at least eighteen (18) years of age or older, (b) purchasing the digital currency in your individual capacity as the beneficial owner thereof and not as a representative or agent of a third-party or a third-party entity (i.e., non-natural person), (c) have not been previously suspended or removed from the Site, or engaged in any activity that may result in suspension or removal from the Site, and (d) have full power and authority to enter into this Agreement and consequently will not violate any other agreement to which you are a party. You acknowledge and agree that the Company reserves the right to prohibit persons and third-party entities from trading if they are domiciled in a jurisdiction (domestic or foreign) which restricts such participation.

The information provided on this website 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 any law or regulation, or which would subject the company and/or entity or any of their products or services to any registration, licensing or other authorization requirement within such jurisdiction or country.

All credit card charges are final and non-refundable. You are responsible for maintaining access to the wallet address linked to the account and restricting access to your computer and /or any other electronic devices (e.g., mobile/smart phones, digital wallets, etc.) that may be used or accessed with such account(s). The Company is not under any obligation to verify the actual identity or authority of any user. The Company may rely on the authority of anyone accessing your account or using your wallet address linked to the account and will not be liable, either directly or indirectly, for any damages and expenses relating to any unauthorized use of such account. You agree that you are solely responsible for all activities that occur on your account.

You agree to immediately notify Company in writing if the confidentiality of your account or wallet address is compromised. Company has the right to take any actions that it deems reasonable in such event if it shall have no liability for any acts or omissions in this regard. Company has the sole and independent discretion to cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.

We maintain a Know-Your-Customer (KYC) policy to comply with Record keeping Requirements. If your proposed purchase is flagged through our internal controls or an exchange partner’s internal controls, we reserve the right to refund your exchange, less any applicable fees incurred by the Company during such refund process.

Houdini Swap is not to be used in any way, either directly or indirectly, as a means, tool, or other mechanism as a platform for criminals or for those with criminal intentions. Exchange partners that Company works with each maintain strict AML policies as it relates to criminal activity. Exchange partners may freeze a swap if there is an active, ongoing, law enforcement investigation related to the sending or receiving address. Houdini Swap has implemented policies and procedures to facilitate proper escalation protocols to be followed with regulatory authorities and agencies should an investigation warrant.

We may not make Services available in all markets and jurisdictions. The Services are not intended for use by individuals who are citizens or nationals of or resident in a restricted location, where the local laws prohibit you at any time (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services. At this time, restricted locations include the United States of America, Canada, France, North Korea, Sudan, Crimea and Sevastopol, Republic of Cuba, Syrian Arab Republic, People’s Republic of China, Japan, Republic of Iraq, Republic of Yemen, Federal Republic of Somalia, Republic of Congo, State of Libya, Republic of Liberia, State of Eritrea, Republic of Mali, Republic of Zimbabwe, Republic of Côte d’Ivoire, the Islamic Republic of Iran and any state, country or other jurisdiction that is embargoed by England and Wales. For greater clarity, the content of the Terms shall not be excluded from the laws of the country or region under which the User belongs. As a result, if you do not meet these eligibility requirements, do not use our Services.

To generate earnings on digital currency swaps, you must register for a Company account on the Site (“Account”). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update periodically as necessary your Account information, (c) maintain the security of your wallet address linked to the account and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your Account. The Company will take all reasonable and practical measures to block multiple accounts of the same user.

By creating an Account, you consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. Company does not provide custodial services whereby the digital currency is not stored as part of user transactions.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “The Company, Parties ”), from and against all actual or alleged The Company, Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, lawyers’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever.

Prospective users of the Company digital currency platform who buy, sell, swap, and hold digital currency should carefully consider and evaluate all risks and uncertainties associated with the Company and its business and operations.

Potential risks include, but are not limited to:

Regulations and compliance risks

Highly speculative trading price risks

Digital currency may be non-refundable and illiquid

There is no guarantee of liquidity or market price of any digital currency at any extent at any time. At any given time in transacting, there may be limited or no liquidity in the ability to buy and/or sell digital currencies to effectuate transactions. The Company bears no responsibility for this lack of liquidity in any of its functional digital currencies traded on its platform. Liquidity refers to the extent to which a market allows assets to be bought and sold at stable prices. Lower liquidity tends to result in a more volatile market (especially when large orders are placed), and it causes prices to change more drastically; whereas higher liquidity creates a less volatile market, and prices do not fluctuate as significantly. The Company cannot guarantee that there will be any demand or market for any digital currencies allowed to be traded on its platform.

Any one or all of our exchange partners may at any time freeze or temporarily suspend access to User funds in accounts because of Know-Your-Customer requirements or other nefarious activities, law enforcement, etc.

Regulation of digital currency platforms in St. Vincent or worldwide, and/or regulation of digital swap platforms in St. Vincent or worldwide, may materially and adversely affect the market perception or market price of any of the digital currencies bought or sold on the Houdini Swap, whether it is justified.

The Company may experience system failures, unplanned interruptions in its network or services, hardware or software defects, security breaches or other causes that could adversely affect the Company’s infrastructure network, and/or the Company’s platform.

The Company is not able to anticipate occurrences of hacks, cyberattacks, distributed denials of service or errors, vulnerabilities or defects in the Houdini Swap, the smart contracts on which the Company relies on, the Houdini Swap relies on, or on the Ethereum blockchain, or on any other blockchain. Such events may include, for example, flaws in programming or source code leading to exploitation or abuse thereof. Company may not be able to detect such hacks, cyber-attacks, distributed denials of service errors vulnerabilities or defects in a timely manner and may not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.

Company may be prone to attacks on its infrastructure intended to steal information about its technology, financial data or user information or take other actions that would be damaging to Company and/or holders of all digital currencies. Any significant breach of Company security measures or other disruptions resulting in a compromise of the usability, stability, and security of the Houdini Swap may adversely affect the ability of uses to buy and sell cryptocurrencies.

Company is dependent in part on the location and data center facilities of third parties. Company’s current infrastructure network is in part established through servers which are housed at the location facilities of third parties, and servers that it rents at data center facilities of third parties. If Company is unable to renew its data facility lease on commercially reasonable terms or at all, Company may be required to transfer its servers to a new data center facility and may incur significant costs and possible service interruption in connection with the relocation. These facilities are also vulnerable to damage or interruption from, among others, natural disasters, arson, terrorist attacks, power losses, and telecommunication failures. Any such security breaches or damages which occur which impact upon Company’s infrastructure network and/or the Houdini Swap may adversely impact the ability to buy and sell cryptocurrencies.

Suppliers on which Company relies for servers, bandwidth, location and other services could also be negatively impacted by economic conditions that, in turn, could have a negative impact on Company operations or expenses. There can be no assurance, therefore, that current economic conditions or worsening economic conditions or a prolonged or recurring recession will not have a significant adverse impact on Company’s business, financial condition, and results of operations and hence the Houdini Swap and/or ability to structure, license and launch the Houdini Swap future business lines. Any such circumstances would then correspondingly negatively impact the trading price of any of the digital currencies. The Company or any of the functional digital currencies allowed to be bought or sold through Company may be affected by newly implemented regulations.

Buying or selling digital currency is generally unregulated worldwide and highly uncertain, while numerous regulatory authorities across jurisdictions have considered implementing regulatory regimes which govern digital currency or digital currency markets. Any such circumstances would then correspondingly negatively impact the trading price of any of the digital currencies. The Company or any of the functional digital currencies allowed to be bought or sold through the Company may be affected by newly implemented regulations.