BY ACCESSING OR USING THE SWIPELUX OÜ ("WE," "US," "OUR," "SWIPELUX") API OR SDK
(EACH AS DEFINED BELOW), YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT
("YOU," "YOUR," "YOURS" OR "LICENSEE") ARE AGREEING TO BE BOUND BY THIS SWIPELUX
API/SDK LICENSE AGREEMENT, OUR USER AND DEVELOPER TERMS OF SERVICE, ANY
ADDITIONAL TERMS INCORPORATED BY REFERENCE HEREIN, TERMS WITHIN THE
ACCOMPANYING API DOCUMENTATION, AND ANY RELATED APPLICABLE POLICIES AND
GUIDELINES THAT WE MAY PROVIDE FROM TIME TO TIME (COLLECTIVELY , THE
"AGREEMENT"). BY ACCESSING OR USING THE API OR SDK, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE API OR SDK.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE AND UNDERSTAND
THAT DISPUTES ARISING UNDER THIS AGREEMENT WILL BE RESOLVED THROUGH BINDING
ARBITRATION. YOU ALSO AGREE AND UNDERSTAND THAT BY ENTERING INTO THIS
AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A
CLASS ACTION LAWSUIT.

Subject to your full compliance with the terms of this Agreement, Swipelux OÜ grants you a
limited, personal, non-sublicensable, non-transferable, nonexclusive license to access and
use our application programming interface located at api.swipelux.com, including any related
information and documentation (collectively, the "API"), as well as our API Software
Development Kit ("SDK"). This license is granted solely for the purpose of building software
applications (each an "App") that interact with our proprietary platform service or other
services provided by Swipelux OÜ through the API (the "Services").
Please note that certain APIs may include software subject to open source licenses, which
will be governed by separate agreements. If there are open source software components,
they will be identified in the documentation. To the extent that the open source license
explicitly supersedes this Agreement, your use of the applicable open source software will be
governed by that license.

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Additionally, the usage of the widget incorporated in the API or SDK version may be subject
to charges, including but not limited to maintenance fees, subscription fees, or any other
applicable charges. Such charges will be outlined in separate invoices or documentation such
as proposals or communicated to you through our pricing and billing terms.
Subject to your full compliance with the terms of this Agreement, we grant you a limited,
personal, non-sublicensable, non-transferable, nonexclusive license to distribute the portions
of the SDK that we designate as "distributable," provided that such distribution is limited to
object code form and as part of an App.

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Unless expressly authorized in this Agreement, you shall not disclose or provide access to the
API or SDK, or any information derived from them, to any third party. You shall also limit
access to the API and SDK, as well as any derived information, to your employees who are
directly involved in the development of the App. You agree to implement security measures
that are at least as stringent as those you use to protect your own highly confidential
information. Reverse engineering of the API or SDK, or permitting others to do so, is strictly
prohibited, except to the extent such restriction is expressly prohibited by applicable law.
You are responsible for ensuring that your App and the Services comply with all relevant laws
and regulations ("Laws"). This includes obtaining any necessary permits or licenses, such as
approvals, authorizations, consents, and qualifications required by governmental or legal
bodies, both in the United States and any foreign jurisdictions. These permits and licenses
are necessary for your end users to use your App or the Services and may pertain to fiat
currency, digital or cryptocurrency, or other blockchain tokens.

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You must ensure that your end users comply with applicable Laws, regulations, and the
Agreement. This includes requiring them to agree to our User Terms of Service separately.
You are also responsible for providing and adhering to a privacy policy for your App. This
privacy policy should clearly and accurately explain to users what information you collect,
how you use it, and how you share it with third parties, including for advertising purposes. If
your use or your end users' use of the Services violates any Laws or if you do not have the
necessary permits or licenses, you and your end users are not authorized to use the Services.
Please note that we cannot be held responsible for any unlawful use of the Services by you
or your end users.

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You agree not to block, disable, hide, or restrict in any way the ability of any device (including
those with the App installed) to access the Services or any part or functionality provided by
the Services. Additionally, when using the APIs, you agree not to but not limited to:
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Sub-license an API for use by a third party or create an App that essentially duplicates
the functionality of the APIs and offer it for use by third parties.
Take any actions intended to introduce viruses, worms, defects, Trojan horses,
malware, or any other harmful elements to Swipelux's products and services.
Attempt to access a user's private key or other login information related to a digital
asset wallet without explicit consent, as disclosed in a previously provided privacy
policy.

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Engage in defamation, abuse, harassment, stalking, or threats against others.
Interfere with or disrupt the APIs, or the servers or networks providing the APIs.
Promote or facilitate illegal online gambling.
Reverse engineer or attempt to extract the source code from any API or related
software, unless expressly permitted by applicable law.

Violate or infringe upon the privacy, publicity, intellectual property, or other
proprietary rights of third parties.
Each App must maintain full compatibility with the API, the SDK, and the Services (including
any changes provided to you by Swipelux OÜ, which must be promptly implemented in the
App). If an App uses or incorporates an outdated version of the API, SDK, or the Services, you
acknowledge and agree that such App may be unable to communicate with the Services.
Modifying, extending, subsetting, or supersetting the API or SDK in any way is prohibited.
Additionally, you acknowledge and agree that Swipelux OÜ reserves the right to impose and
enforce limitations on your API usage, such as restricting the number of API requests or the
number of users you can serve, at our sole discretion. You agree to comply with these
limitations as specified in the API documentation and will not attempt to circumvent them
without our express consent (which we may refuse or subject to additional terms and/or
charges). Please note that we may discontinue support for older versions or releases of the
API or SDK.

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Swipelux OÜ provides the API, SDK, and the Services "as is" and without any warranties,
whether express or implied. Swipelux OÜ hereby disclaims all warranties, including but not
limited to warranties of merchantability, fitness for a particular purpose, performance,
accuracy, reliability, and non-infringement. Swipelux OÜ makes no representations or
warranties regarding the uninterrupted, timely, or error-free use of its API, SDK, or Services.
Licensee acknowledges that this Agreement does not constitute a partnership, joint venture,
agency, fiduciary relationship, or commercial engagement with Swipelux OÜ. Swipelux’s
provision of SDK/API tools does not imply any endorsement, business agreement, or joint
representation to third parties.

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Licensee shall have no right, title, or entitlement to any funds, assets, or settlements
processed or held by Swipelux OÜ on behalf of its users. All financial obligations and
liabilities are exclusively owed to end users who are directly onboarded and approved by
Swipelux, under its own regulatory oversight.

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Limitation of Liability: To the maximum extent permitted by applicable law, neither Swipelux
OÜ nor its suppliers or resellers will be liable under any legal or equitable theory, including
but not limited to tort, contract, negligence, strict liability, or otherwise, for (a) any indirect,
special, incidental, or consequential damages, including without limitation, damages for lost
profits, loss of goodwill, or damages resulting from your use of the API or SDK, or (b) any
direct damages of any kind arising out of this agreement.

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You agree to indemnify and hold harmless Swipelux OÜ, its affiliates, subsidiaries, directors,
managers, members, officers, and employees from any and all claims, liabilities, demands,
actions, damages, losses, costs, or expenses, including reasonable legal fees, arising from or
related to (i) your or your end users' use or misuse of your App and the Services, (ii) your
violation of this agreement or any Laws or Permits, (iii) your infringement or the
infringement by any third party using your account, of any intellectual property or other
rights of any person or entity, (iv) a claim alleging that any of your or your end users' data
infringes the rights of or has caused harm to a third party, or (v) any violation of the rights of
any other person or entity. However, you will not indemnify Swipelux OÜ for claims or losses
arising from Swipelux OÜ's gross negligence or willful misconduct, (vi) any regulatory
enforcement actions, card scheme penalties, or third-party fines arising from the Licensee’s
integration, promotion, or operation of the Services in breach of these Terms or applicable
law.

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Swipelux makes no representation as to the completeness, accuracy, or availability of any
data provided via the SDK, API, or Merchant Panel. Licensee may not rely on such data for
financial, regulatory, or operational decision-making. Any such use is strictly at Licensee’s
own risk.

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You may stop using our APIs at any time, with or without notice. If you wish to terminate the
Terms, you must provide us with prior written notice and cease your use of the applicable
APIs. We reserve the right to terminate the agreement with you or discontinue the APIs, any
portion or feature, or your access to them, for any reason and at any time without liability or
obligation to you. Provisions that should naturally survive termination of these Terms will
remain in effect. For example, any obligations to pay us or indemnify us, limitations on our
liability, terms regarding ownership or intellectual property rights, and terms concerning
disputes between us will survive termination.

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Except as stated in this agreement, all notices under this agreement must be given in writing.
As the Licensee, you will receive notices at the email address you provided upon registration
of your account or user ID in Swipelux OÜ's systems, or at any other account you maintain
with Swipelux OU. Notices to Swipelux OÜ should be sent to legal@swipelux.com.
This agreement constitutes the complete agreement between the parties regarding the
subject matter and supersedes all prior agreements and representations. Swipelux OÜ
reserves the right to modify this agreement with notice to you (via email or by posting a
notice on the page where you access your SDK or API account). If you do not agree with the
modified agreement, your only remedy is to terminate the agreement by providing notice to
Swipelux OÜ. Any use or access of the SDK, API, and/or Services following notice of
modification will be considered acceptance of the modified agreement.

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Any failure by Swipelux OÜ to exercise a right under this Agreement does not waive that
right. You are not allowed to assign or transfer your rights or obligations without the consent
of Swipelux OÜ, and any action or behavior that violates this provision will be considered null
and void. Swipelux OÜ reserves the right to assign or transfer this Agreement.

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This Agreement will be governed by and interpreted under the laws of Estonian Republic.
Any dispute arising from or related to this Agreement will be conclusively settled through
arbitration in Tallin Estonia, conducted in the Estonian language in accordance with the
arbitration rules and procedures in effect at that time. The prevailing party in the arbitration
will be entitled to reimbursement of reasonable expenses incurred, including attorneys' fees,
expert witness fees, and other related expenses. The award rendered by the arbitrator may
be entered as a judgment in a court having jurisdiction, or an application may be made to
such court for judicial acceptance of the award and an order of enforcement, as applicable.
However, each party retains the right to seek injunctive or other equitable relief in a court of
competent jurisdiction pending a final decision by the arbitrator.

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If you wish to report a vulnerability or have any security concerns regarding our services,
SDK, API, infrastructure, or architecture, please email security@swipelux.com.
The API and SDK were developed solely at private expense and constitute commercial
computer software.