Terms of Service V2.4

These Terms of Service are made between You (As defined herein) and SwissCheese DEX Operations, Ltd (herein after “The Company”).

Definitions

The Definitions below are non-exhaustive and are to be incorporated into this Agreement. All definitions are the same and may from time to time include the word ‘The’ preceding them.

You or Your - Means you as the user of the services, either in part or in full, as provided by The Company. The term ‘You’ is designed to encompass a natural person, partnership, corporation, cooperative, or other such association or group you represent.

Website

The Website means any website as hosted, maintained, or operated by The Company. At the time of writing, The Company operates www.swisscheese.finance as its primary website. These terms will be updated as soon as possible to reflect any other domain or website adoption.

Social Media

Social Media means any third-party website, service, or app which is specially built for the purpose of social media or social engagement with which The Company holds an official account. This includes accounts that hold the name ‘GPooL”.

Services

Means any service as provided by The Company. Services are detailed within these Terms however may change from time to time.

Terms or Agreement

Meaning these terms or Agreement; referring to the statements, provisions, processes, and ideas conveyed within the body of this document, comprising a set of agreed upon principles in its entirety known as an Agreement

Network

Means any Cryptographic, Blockchain, or other Network which allows a proof of stake protocol, regardless of if such a network is Centralized or Decentralized, through which The Company allows users to interact. Network shall be used in the singular and plural interchangeably.

Services

Services are designed to mean any interaction that you have with The Company through their website, email, social media, or request for tax information. The Company itself does not provide tangible services outside of these ‘ancillary services’. The inclusion of the term ‘Service’ or ‘Services’ is not to be taken as an admission or confirmation that The Company is providing any financial, legal, or other advice or services. The Term ‘Service’ is used for ease of reference.

YOU SHOULD READ THESE TERMS IN FULL AS THEY CONTAIN CLAUSES WHICH LIMIT COMPANY LIABILITY AND GOVERN HOW YOU INTERACT WITH THE COMPANY AND ITS SERVICES.

Removal and Revocation

These Terms are designed to remove and replace any prior terms as issued or provided by The Company. Notice has been provided of the change in operating terms.
These are the only terms that will govern the relationship between You and The Company.

Acceptance and Authority

In engaging or interacting with any of the services provided by The Company, You are deemed to have accepted these terms in full. Engagement or interaction includes, but is not limited to, remaining on, continued visiting of, or re-visiting The Website.
Pursuant to international (including EU) Electronic Signature Laws, you are deemed to have accepted these terms with your continued use of Website and any of the Services.
Additionally, in interacting with, commenting on, sharing, reposting, liking, tagging or engaging with any of the Social Media as operated and maintained by The Company you are further deemed to have accepted these terms.
There is no opportunity to negotiate or not accept part of these terms. These terms are accepted in full ‘as is’.

IF YOU DO NOT AGREE TO ANY OF THE TERMS CONTAINED IN THIS AGREEMENT YOU SHOULD IMMEDIATELY LEAVE THE WEBSITE AND NOT RETURN AND SHOULD NOT ENGAGE WITH ANY OF THE COMPANY SOCIAL MEDIA.

Your continued use of the Website and any of the actions as listed above signify your acceptance to these terms. In agreeing to these terms, you are hereby warranting the following:

• You are of at least 18 years of age.
• You have full authority to act on behalf of any corporation, association, partnership or any other party you purport to represent.
• You are of sound mind and have the full mental capacity to understand and engage with the services.
• You have read, understood, and agree to all of the terms contained within these Terms.

SECURITIES NOTICE

THE COMPANY DOES NOT SELL, TRADE, MINT, AIRDROP, OR FACILITATE THE PURCHASE OF, OR TRADING OF TOKENS IN ANY WAY. AS SUCH, THE COMPANY IS NOT SELLING, TRADING, OR ALLOWING TO BE TRADED ANY CRYPTOGRAPHIC TOKENS OR ANY OTHER ASSET.

THE COMPANY ONLY PROVIDES SOFTWARE SERVICES WHICH HAVE BEEN INSPECTED BY INTERNATIONAL COUNSEL WHO HAVE CONFIRMED THE SAME.

Relationship

At no time are these Terms of Service designed to create a Partnership. You and The Company are entering into this agreement and at no time does it constitute the creation of a partnership, agency, or other business relationship in which the Parties can legally bind each other.

Corporate or Group Representation

If You represent a Corporation or a Group, such a service provider, hedge fund (etc.), You may not, at any time, use the services if any of the following apply to You:

• You are regulated and registered with a regulatory body which prohibits the use of The Services, in part or in whole.
• You represent a body incorporate which has been incorporated or organized with the sole purpose to profit from its activities by using third-party funds if such activities require registration with a financial services organization.
• You believe that, generally, the Services provided by The Company amount to that of a financial service and You intend to use these Services under the principal of engaging with us as a ‘financial service’.
• You intend to mention, reference, or include The Website, The Company or any of The Services in any prospectus, offering, or other such document with the intention of soliciting funds from person or person(s) pursuant to any Securities Laws or exemptions thereof.

Overview of Services

The Company allows You to interact with Cryptographic Networks (sometimes referred to as a Cryptocurrencies).

These networks are not administered or created by The Company. As such, interaction with the Network is done directly with the Network itself, The Company simply provides You the means with which to do that.

In order to allow the Network to operate, transactions conducted on that Network need to be verified. The Company, in deploying its technology, provides a method by which You can interact with the network and other users of it. The networks themselves will allow and verify any use within them and you should consult third party, or network resources to confirm your activity on the Network.

The Services as provided by The Company are not exclusive. The Company is not the only party providing these Services and You are free at any time to conduct the same directly with the Network or any of the users of that Network.

The Company regards its Services as a Portal to access a certain element of a Network. The Company does not work with or control the Network. The Company does not work with or control You (outside of these rules of use). The Company controls and monitors its Portal.

Accordingly, the Company only offers web based applications for its users (You) and as such it has no relationship with, control of, or ability to impact the Networks with which it interacts.

The Company is not endorsed, supported, or approved by the Network to provide these services. It is not part of the group that created or administers the Network. In the event that you receive any rewards or pay a fee to use the Network (gas fee) that will come directly from the network or paid too the network.

Social Media

Communication, engagement, and actions taken through external social media platforms on which the Website, The Company, its owners, affiliates, and representatives participate are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. The Website, The Company, nor its owners, affiliates, or representatives will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Links to Other Websites

The Company may provide links to third-party websites or services that are not owned or controlled by The Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website or service.

You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or detrimental reliance on any information, content, goods or services available on or through any such websites or services. The Company is not liable for any loss or damage incurred as a result of interacting with any third-party content on our Website.

The owners, affiliates, and representatives of the Website and The Company cannot guarantee or verify the contents of any external website despite their best efforts. Users should, therefore, note they click on external links at their own risk and this Website and the Company cannot be held liable for any damages or implications caused by visiting any external links mentioned.

Obtaining Tax Documents

The Company does not provide any tax documents or information. You should not request or expect these if you use the Platform. If you are based in a location which will require you to provide tax documentation, you should keep your own records. The Company will provide none, including under any conflict of laws.

Taxation

It is Your responsibility to understand and manage your personal tax affairs. Accordingly, The Company is not liable for any Taxes under State, Federal, Domestic, or International laws that may fall due on any disposal of any Tokens or Rewards or arising out of any other engagement with the Services of the Company.

The Company is not liable and shall not be liable in part or in full for any taxes resulting from your continued or prior engagement with the Services. Including but not limited to any part payment, quarterly payments, contributions for health or other types of insurance.

Trademarks and IP

Any and all Trademarks including the name SwissCheese and associated logos of The Company are the exclusive Copyright of The Company and as such form part of their portfolio of Intellectual Property.

You are not under any circumstances granted any rights or a license to use, duplicate, display, or distribute any name, logo, or other distinguishing feature of The Company without first obtaining permission.

Jurisdiction and Governing Law

These Terms and the relationship between You and The Company shall be governed by the laws of the Republic of Seychelles with the exception of domestic financial service laws which shall apply to the Company. The Honorable courts of the Republic of Seychelles shall have exclusive jurisdiction over You and The Company.

Any Arbitration shall be managed within Panama as governed by the Republic of Panama laws.

Survival

Any portion of these Terms that reasonably should survive the termination of your Services or any other agreement is hereby agreed to do so. If any provision of these terms is deemed illegal, invalid or otherwise invalid for any reason, then that provision will be severed and the rest of these Terms will remain intact and enforceable.

Waiver

The Companies failure to exercise or enforce any rights or provisions of these Terms does not constitute a waiver of those rights or provisions. These Terms represent the entire and complete agreement between You and The Company, including any future modification of these Terms, superseding any prior agreements or communications between You and The Company. Any ambiguities in these Terms shall be construed in the light most favorable to The Company.

Assignment and Transfer

This Agreement can be transferred or assigned by The Company without notice to You. You may not assign or transfer this Agreement under any circumstances.

Risks

RISKS BELOW ARE DISPLAYED FOR YOUR REFERENCE. THIS LIST IS NOT EXHAUSTIVE AND THERE MAY BE RISKS THAT THE COMPANY DOES NOT FORESEE. YOU SHOULD NOT ENGAGE WITH THE SERVICES OR THE NETWORK IF YOU ARE NOT AN EXPERT IN CRYPTOGRAPHIC TOKENS, BLOCKCHAIN, REWARDS, STAKING, OR ANY OTHER ELEMENT OF THE NETWORK OR SERVICES PROVIDED BY THE COMPANY.

YOU SHOULD CONSULT WITH A LAWYER, FINANCIAL EXPERT, AND BLOCKCHAIN EXPERT BEFORE ENGAGING WITH THE COMPANY FOR ITS SERVICES.

Risk of Mining Attacks

As with other decentralized cryptographic Tokens based on the Network protocol, the Tokens are susceptible to attacks by miners in the course of validating Token transactions on the blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the Network, the Tokens, and the Rewards, including, but not limited to, accurate execution and recording of transactions involving Tokens.

Risk of Hacking and Security Weaknesses

Hackers or other malicious groups or organizations may attempt to interfere with the Network, the Tokens, or the Rewards in a variety of ways, including, but not limited to, treasury vulnerability, malware attacks, denial of service attacks, consensus-based attacks, man in the middle, Sybil attacks, smurfing, and spoofing. Furthermore, because the Network is based on open-source software, there is a risk that a third-party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the Network, which could negatively affect the Network, the Tokens, and/or the Rewards.

Risks Associated with Markets for Tokens

The Tokens are intended to be used solely within the Network, and The Company will not support or otherwise facilitate any secondary trading or external valuation of any Tokens. This restricts the contemplated avenues for using Tokens to the provision or receipt of Services, and could, therefore, create illiquidity risk with respect to the Tokens You hold. Even if secondary trading of Tokens is facilitated by third-party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation.

Risks Arising from Lack of Governance Rights

Because The Company has no control over the governance rights of any kind with respect to the Network, The Tokens, The Blockchain, Ledger, or any other aspect of any Tokens Cryptographic Asset, all decisions involving the Network or have nothing to do with the Company and therefore the Company and you have no relationship or liability to each other in respect of the Cryptographic asset.