Terms and conditions of dev3studios LLC
Last change: 16th September 2023
These Terms and Conditions of Use/General Terms and Conditions of Business (the "Agreement") explain the terms under which you may access and use https://www.genieswap.com, https://app.genieswap.com, https://launch.genieswap.com and their associated subpages and subdomains, a user interface hosted on a website (the "Interface" or "App" or "User Interface") provided by Dev3studios LLC. under the name GenieSwap ("we", "our" or "us"). You must read this Agreement carefully as it governs your use of the User Interface. By accessing or using the User Interface, you declare that you have read, understood and agree to be bound by this Agreement in its entirety. If you do not agree to it, you are not authorised to access or use the Interface.
NOTE: This Agreement contains important information, including a binding arbitration provision and a waiver of class actions, both of which affect your rights in relation to the resolution of disputes. The User Interface is only available to you, and you should only access the User Interface, if you fully agree to these terms and conditions.
Description of the services provided via the Interface: By using the Interface, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the Interface or control the execution of trade on the protocol. We only offer the Interface. You can place your orders/pool, etc., on the GenieSwap Interface; the actual trade/buy/sell/pool/NFT, etc., can be found on various decentralised exchanges (DEX), such as, e.g., Uniswap, PancakeSwap, etc. As a consequence, the respective applicable terms and conditions of use and general terms and conditions of business of the various integrated decentralised exchanges (DEX) of third parties apply. On the GenieSwap Interface, only routing to the various decentralised exchanges (DEX) takes place. Dev3studios LLC. does not determine which tokens/coins/NFTs are listed on GenieSwap and/or on third-party decentralised exchanges (DEX). You are fully responsible for verifying the identity, legitimacy and authenticity of any tokens/coins/NFTs/pools, etc., that you purchase or sell from GenieSwap and/or third-party vendors using our Interface. Any payments or financial transactions you participate in will be processed via automated smart contracts . Once executed, we have no control over these payments or transactions, nor do we have the ability to reverse payments or transactions. We will not be liable to you or any third party for any claims or damages that may arise as a result of payments or transactions you make through the Interface. By using our Interface, you also expressly agree to the applicable terms and conditions of use and general terms and conditions of business of the integrated/connected decentralised exchanges (DEX) of third parties. As of 1st February 2023, GenieSwap will start routing to https://app.uniswap.org. As of April 1, 2023, GenieSwap will route to https://pancakeswap.finance. As of June 1, 2023, GenieSwap will route to https://sunswap.com. Routings to other decentralised exchanges (DEX) will follow in the following months.
To access the Interface, you will need to use wallet software without custodianship which allows you to interact with public blockchains. Your relationship with this non-custodial wallet provider is governed by the applicable terms and conditions of use of that third-party provider, not by this Agreement. Wallets are not operated or maintained by or affiliated with us, and we have no custody or control over the contents of your wallet and are unable to retrieve or transfer its contents. By connecting your wallet to our Interface, you agree to be bound by this Agreement and any and all terms incorporated within it by means of reference.
Amendments to this Agreement: We reserve the right to amend this Agreement from time to time at our sole discretion. If we make material changes, we will notify you of this by updating the date at the top of the Agreement and by adding a current version of the Agreement at https://genieswap.com/terms-and-conditions-and-privacy-policy Any changes will take effect when they are published, and your continued access to or use of the User Interface will serve as confirmation of your acceptance of those changes. If you do not agree to changes to this Agreement, you must immediately stop accessing and using the Interface.
Tokens are not offered, distributed, or allowed to be resold or otherwise disposed of by citizens, natural or legal persons, whose permanent residence, location, or registration is in the United States of America (including states and the District of Columbia), Puerto Rico, the United States Virgin Islands, any other possession of the United States of America, or any country or territory where transactions involving digital coins and tokens are prohibited or otherwise restricted by applicable laws or regulations. If a person subject to these restrictions has purchased tokens, they have done so illegally, without authorization, and in a fraudulent manner, thereby violating the laws of their country.
The project owner does not engage in any business activities as part of a regulated activity in Singapore, the People's Republic of China, South Korea, or in any other countries and territories where transactions involving or using digital coins and/or tokens are subject to restrictive regulations or require the project owner to register or obtain a license.
Each potential buyer of tokens is responsible for determining whether they are subject to the jurisdiction and legally permitted to purchase tokens and subsequently resell them to another buyer under the jurisdiction of their country.
Eligibility: In order to be able to access or use the Interface, you must be in a position to enter into a legally binding contract with us. Accordingly, you warrant that you are at least of legal age your jurisdiction (e.g., 18 years of age or above) and have the full right and authority to enter into and comply with the terms of this Agreement in your own name and on behalf of any company or legal entity so as to access and use the Interface. You further declare that you are not:
- subject to economic or trade sanctions imposed or enforced by a governmental authority or otherwise included on a list of prohibited or restricted parties. a citizen, resident or born or organised in a jurisdiction or territory that is the subject of comprehensive nationwide, territorial or regional economic sanctions, in particular, the countries on this list ( https://genieswap.com/prohibited-countries.pdf)
- a politically exposed person (PEP), a politician or a person in the immediate environment of a politician
- Finally, you warrant that your access to and use of the User Interface will comply with all applicable laws and regulations and that you will not access or use the User Interface to engage in, promote or otherwise facilitate any illegal activity.
Intellectual property rights: We own all intellectual property and other rights to the User Interface and its contents, including (but not limited to) the name, software, text, images, trademarks, service marks, copyrights, patents, designs and their "appearance". This intellectual property is made available under the terms of our copyright licenses and our trademark policies.
We reserve the following rights, which do not constitute obligations on our part:
- the right to modify, replace, remove or supplement the Interface, with or without notifying you
- the right to review, modify, filter, disable, delete, and remove all User Interface content and information
- the right to cooperate with law enforcement agencies or judicial or regulatory investigations or decrees or third parties that require or direct us to disclose information or content, or information you provide
Prohibited activity: You agree not to engage in or attempt to engage in any of the following categories of prohibited activities in relation to your access and use of the Interface
Intellectual property infringement:
- Activities that infringe copyrights, trademarks, service marks, patents, publishing rights, privacy rights or other legal property or intellectual property rights.
- Activities aimed at disrupting or endangering the integrity, security or proper functioning of computers, servers, networks, personal devices or other information technology systems, including (but not limited to) the use of viruses and denial-of-service attacks.
Fraud and misrepresentation:
- Activities aimed at defrauding us or other natural or legal persons, including (but not limited to) providing false, inaccurate or misleading information to unlawfully obtain another's property.
- Activities that violate applicable laws, rules, or regulations regarding the integrity of trading markets, including (but not limited to) manipulative tactics commonly known as "rug pulls," "pumping and dumping," and "wash trading."
Violations of securities and derivatives:
- Activities that violate any applicable laws, rules or regulations relating to trading in securities or derivatives, including (but not limited to) the unregistered offering of securities and the offering of leveraged and margined commodity products to private clients.
Sale of stolen property:
- Purchase, sale or transfer of stolen items, fraudulently procured items, items taken without authorisation and/or other illegally procured items.
Data mining or scraping:
- Activities that involve data mining, robots, scraping, or similar data collection or extraction methods of/for content or information from the Interface.
- Activities that involve obtaining information from persons under the age of 18 or which are otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, slanderous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable.
Any other unlawful conduct:
- Activities that violate applicable laws, rules or regulations of the relevant jurisdiction.
Not registered: We are not not registered as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trade orders on your behalf, nor do we collect or earn fees for your transactions on the Interface. We also do not facilitate the execution or settlement of your trades that are carried out entirely publicly on publicly distributed blockchains, such as Ethereum. As a result, we do not (and cannot) guarantee market-best pricing or best execution via the Interface or when the auto-routing feature is used, which only forwards trades via liquidity pools in the protocol. Any reference in the User Interface to "best price" does not constitute any assurance or guarantee of prices available via the User Interface, in the protocol, or elsewhere.
Non-solicitation, no investment advice:
- Activities that violate any applicable laws, rules or regulations relating to trading in
securities or derivatives, including (but not limited to) the unregistered offering of
securities and the offering of leveraged and margined commodity products to private clients.
- All trades you submit via the Interface are considered unsolicited, meaning that they are initiated exclusively by you.
- You have not received any investment advice from us in connection with trading transactions, including those you place via the Auto-Routing API.
- We do not conduct a suitability check on the trades you submit.
We may provide information about tokens in the User Interface that are obtained from external data partners via features such as rarity values, token explorers, or token lists. We may also provide warnings for certain tokens. The provision of informational material does not lead to a trade with this requested token. We do not attempt to persuade you to purchase based on the information provided. All such information provided by the Interface is for informational purposes only and should not be construed as investment advice or a recommendation that a particular token is a safe or sound investment. You should not take or refrain from taking any action based on information contained in the User Interface. By providing token information for your convenience/information, we are not giving you any investment recommendations or opinions on the merits of any transaction or opportunity. You are solely responsible for determining whether an investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk appetite.
No custodianship and no fiduciary duties: The Interface is purely an application with no custodianship, which means that we at no time have custody, possession or control of/over your digital assets. It further means that you alone are responsible for keeping the cryptographic private keys for the digital asset wallets you hold and that you should never disclose your wallet credentials or seed phrase to any third party. We assume no responsibility or liability towards you in connection with your use of any wallet and give no assurances or warranties as to how the Interface works with a particular wallet. Similarly, you are solely responsible for all related wallets, and we will not be liable for any acts or omissions on your part in connection with or as a result of any compromise of your wallet.
This Agreement is not intended to create or impose any fiduciary obligations on our part. To the fullest extent permitted by law, you acknowledge and agree that we do not owe you or any other party any fiduciary duties or liabilities, and that, to the extent that such duties or liabilities exist by law or on the basis of equity, such duties and liabilities are hereby irrevocably excluded, waived and abolished. You further agree that the only obligations and duties we owe you are those expressly set forth in this Agreement.
Compliance and tax obligations: It is possible that the User Interface may not be available or suitable for use in your jurisdiction. By accessing or using the User Interface, you declare yourself to be in agreement that you are solely and fully responsible for compliance with all laws and regulations that may apply to you. In particular, your use of the Interface may result in various tax consequences, such as income or capital gains tax, value-added tax, tax on goods and services, or sales tax in certain jurisdictions. It is your responsibility to determine whether any taxes apply to transactions you initiate or receive and, if applicable, to report and/or remit the correct taxes to the responsible tax authority.
Assumption of risk: By accessing and using the Interface, you declare that you are financially and technically savvy enough to understand the inherent risks associated with the use of cryptographic and blockchain-based systems and that you have sufficient knowledge of the use and intricacies of digital assets, such as, e.g., Ether (ETH), so-called Stablecoins, and other digital tokens, such as those used, for example, by the Ethereum Token Standard (ERC20). In particular, you understand that the markets for these digital assets are nascent and highly volatile due to risk factors such as (but not limited to) launch, speculation, technology, security and regulation. You understand that anyone can create a token, including fake versions of existing tokens and coins that falsely claim to represent projects, and you recognise and accept the risk that you could falsely trade these or other tokens/coins. So-called Stablecoins, e.g., USDT, may not be as stable as they purport to be, may not be fully or adequately collateralised, and may be subject to panics and runs.
In addition, you understand that smart contract transactions are executed and settled automatically, and that blockchain-based transactions are irreversible once confirmed. You acknowledge and accept that the costs and speed of transactions using cryptographic and blockchain-based systems, such as, e.g., Ethereum, are variable and can rise dramatically at any time. You also acknowledge and accept the risk that if you choose to trade in expert mode, you may possibly be exposed to a significant price drop and higher costs. If you are acting via the Interface as a liquidity provider for the protocol, you understand that your digital assets may lose some or all of their value due to price fluctuations of tokens in a trading pair while they are being delivered to the protocol or the liquidity pool via the Interface.
In summary, you acknowledge that we are not responsible for any of these variables or risks, that we do not own or control the protocol, and that we route to third-party providers and cannot be held liable for any resulting losses you may incur when accessing or using the Interface. Accordingly, you understand and agree that you assume full responsibility for all risks of accessing and using the Interface to interact with the protocol.
Third-party resources and promotions: The User Interface contains references or links to third-party resources, including (but not limited to) information, materials, products or services that we do not own or control. In addition, third parties may offer promotions related to your accessing and use of the User Interface. We do not approve, monitor, endorse, guarantee or assume any responsibility for such resources or promotions. If you access such resources or participate in such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your business or relationships with third parties. You expressly release us from any liability arising from your use of such resources or your participation in such promotions.
Release of claims: You expressly agree that you assume all risks associated with your accessing and use of the Interface. You further expressly waive, and indemnify us from and against, any liability, claims, causes of action or damage arising out of or in any way in connection with your use of the Interface.
Compensation: You declare yourself to be in agreement that you indemnify, hold harmless and defend us and our managerial staff, directors, owners, employees, contractors, agents, affiliates and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses arising as a result of:
- Your accessing and use of the Interface
- Your violation of any provision or condition of this Agreement, the rights of third parties, or other applicable laws, rules, or regulations
- The accessing and use of the Interface by another party with your help or using a device or account that you own or control.
GENIE tokens/minting/white paper: You must carefully read the content of our white paper ( ) before participating in the sale of GENIE tokens. The content of this white paper is not used for financial promotions. No other company may issue GENIE tokens that are intended to operate and function in accordance with the plans outlined in the white paper (subject to change).
Sale of GENIE tokens: Our white paper ( https://genieswap.com/whitepaper) and all other related documents refer to a token offer for the sale of GENIE tokens.
No regulated product: Our white paper ( https://genieswap.com/whitepaper) does not constitute any offer or solicitation securities of or other regulated products, nor does it constitute an advertisement, invitation or solicitation for investment purposes. The terms and conditions of the purchase of GENIE tokens are not to be understood as either a document for financial services or a prospectus. GENIE tokens do not represent any equity, stock, interest, royalties or rights to capital, profit or income of the platform or software or the company or any other company or intellectual property associated with the GenieSwap Platform or any other public or private company, corporation, foundation or other legal entity. A GENIE token shall not constitute a security or any similar legal interest and is not an investment product.
No advice: Our white paper ( https://genieswap.com/whitepaper) does not constitute advice on the purchase of GENIE tokens and cannot be called upon in connection with a contract or a purchase decision.
Information on risks: The purchase of GENIE tokens carries significant risks. You should carefully review our whitepaper ( https://genieswap.com/whitepaper) and all associated risks before purchasing GENIE tokens. Seek all the necessary professional advice. You should consult a lawyer and/or a tax advisor (if necessary) before deciding to purchase GENIE tokens.
Investing in GENIE tokens can lead to short or long periods of monetary losses, right up to a total loss. When investing in GENIE tokens, you should expect that the GENIE token may be subject to large/very large exchange rate/price fluctuations. The information published in our white paper and on the website www.genieswap.com and its associated subpages and subdomains do not guarantee that GENIE token investors will not lose any money.
Our white paper ( https://genieswap.com/whitepaper) describes an ongoing and future project. Our white paper ( https://genieswap.com/whitepaper) contains forward-looking statements based on the beliefs of the company, certain assumptions made by us and the information available to us. The projects outlined in our white paper ( https://genieswap.com/whitepaper) are under development and are constantly being updated, including, but not limited to the technical features. Therefore, when the GenieSwap platform is completed, it may differ significantly from the project outlined in our white paper. No assurance or warranty is provided as to the achievement or appropriateness of any plans, future forecasts or prospects, and nothing in our white paper ( https://genieswap.com/whitepaper) is or should be considered a promise or assurance for the future.
Dev3Studios LLC refers to the development and use of experimental software and technologies that may not lead to success or achieve the objectives stated in our white paper ( https://genieswap.com/whitepaper). Licences and permits are not secured in all jurisdictions. The company intends to comply fully with the applicable laws and regulations. Therefore, the development and introduction of all features of the GenieSwap platform outlined in our white paper ( https://genieswap.com/whitepaper) cannot be guaranteed. Blockchains, smart contracts and cryptocurrencies are all cutting-edge technologies, and, as such, there is a risk of total failure, no matter how small.
Regulatory risks in the crypto/blockchain industry: The crypto/blockchain industry is closely monitored worldwide by regulatory bodies that are constantly making changes and providing clarifications to existing legislation. We warn you of the danger that our project will not comply with new regulatory requirements at a particular given time.
Risks of external fraud: Hackers focus on exploiting potential vulnerabilities. Attacks also extend to the open-source algorithms of smart contracts, which is why we need to consider the risk of attempted hacking of our platform. We cannot give a 100% guarantee that the GenieSwap platform will never be compromised in such attacks.
Regulatory risks of the blockchain industry: International laws and regulations may make trading GENIE tokens impossible. The use of GENIE tokens could come under scrutiny from governmental institutions and regulatory authorities.
Financial risks: Investing in cryptocurrency projects is a big risk, and you could lose the full amount of your investment. GENIE tokens, like any other cryptocurrency, can be subject to strong fluctuations and can lose significant value. We are not responsible for fluctuations in the value of the token. We do not guarantee that there will be an opportunity to exchange Genie tokens for Fiat money. Governments may pass laws requiring the payment of taxes on profits from GENIE tokens. Dev3Studios LLC does not guarantee any revenues, and you may suffer significant losses, up to a total loss. It is possible that we will not attain the necessary financial resources to continue the GeineSwap platform.
Cryptocurrencies are extremely volatile: for example, Bitcoin rose from one cent to $32, then plummeted 94% to $2. It then went from $2 to $270 and then plummeted by 81%. It then went from $51 to $1200 and then plummeted by 86%. It then went from $164 to $20,000 and then plummeted by 84%. It then went from $3,150 to $14,000 and then plummeted by 72%. It then went from $67,550 to $15,600, plummeting by 77%. And this is the most liquid, oldest cryptocurrency in the world. Almost every cryptocurrency falls by 85% to 95% at some point. Some rise again and reach new alltime highs.
No warranties: The Interface is provided " AS IS" and " AS AVAILABLE". To the fullest extent permitted by law, we exclude all assurances and guarantees of any kind, whether express, implied or statutory, including (but not limited to) guarantees of tradeability and fitness for a particular purpose. You acknowledge and agree that your use of the Interface takes place at your own risk. We do not represent or warrant that access to the Interface is continuous, uninterrupted, timely, or secure, that the information contained in the Interface is accurate, reliable, complete, or current, or that the Interface is free of errors, defects, viruses, or other harmful elements. No advice, information, or statements we make should be treated as though they give rise to any warranty with respect to the Interface. We do not endorse, warrant or accept any responsibility for any advertising, offers or statements made by third parties regarding the User Interface.
Likewise, the Interface is provided " AS IS", at your own risk and without any warranty of any kind. We do not own or control any protocols. For more information on the various protocols (upgrades, changes, etc.), visit the webpages of the various third-party providers/DEX/payment providers, etc., that we route to and which we use. The names/webpage can be found on the first pages of these General Terms and Conditions of Business.
Limitation of liability: Under no circumstances shall we or our managerial staff, owners, directors, employees, contractors, agents, affiliates or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential or exemplary damages, including (but not limited to) damages for loss of profit, goodwill, use, data or other intangible property arising out of or in connection with the accessing or use of the Interface, nor shall we be responsible for any damages, loss or injury caused by hacking, tampering, or other unauthorised accessing or use of the Interface or the information contained therein. We do not accept any liability or responsibility for:
- Errors or inaccuracies in the content
- Personal injury or property damage of any kind resulting from the accessing or use of the Interface
- Unauthorised accessing or use of secure servers or databases under our control or the use of information or data stored therein
- Any interruption to or termination of functionality in connection with the Interface
- Bugs, viruses, Trojan horses or similar that may be transmitted to or through the Interface
- Errors, losses or damages resulting from the use of content made available via the Interface
- Defamatory, offensive or illegal conduct on the part of third parties
Resolution of disputes: We will use our best endeavours to resolve possible disputes by means of informal negotiations in good faith. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can try to resolve it without resorting to formal dispute resolution. If we are unable to reach an informal resolution within 90 days of your email, we agree to resolve the potential dispute in accordance with the procedure outlined below.
Any and all claims or contestations arising out of or in connection with the Interface, this Agreement or other acts or omissions for which you may claim that we are liable, including (but not limited to) claims or contestations relating to the disputes, shall be ultimately and exclusively brought before a court and venue determined by Dev3studios LLC., unless you and we both agree to bring them before a different venue/court. Unless we agree otherwise, your claims may not be consolidated with those of any other party.
Waiver of class actions and jury trials: You must bring any and all disputes against us in your individual capacity and not as a plaintiff or member of any purported class action, private lawyer's suit or other representative proceedings. This provision applies to class arbitration proceedings. You and we agree to waive the right to seek a jury trial.
Applicable law: You agree that this Agreement and any and all disputes between you and us shall be governed by the laws of St Vincent, without regard to conflict of law provisions. You further agree that the Interface is deemed to be solely based in St Vincent and that, although the Interface may be available in other jurisdictions, its availability does not establish any general or specific personal jurisdiction in any forum outside of St Vincent. You agree that the courts of St Vincent shall be the appropriate forum for all appeals against any arbitration award or for litigation if it is found that the binding arbitration clause of this Agreement is unenforceable.
If you have read this far, congratulations. You will find that the theme of the entire text above is that you should have absolutely no expectations of any kind with respect to anything, and that if something goes wrong, you should not look to anyone for compensation or redress, and shall not get any. Anything can change at any time.
Whole agreement: These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter of the Agreement. This Agreement supersedes all prior or contemporaneous written and oral agreements, communications or other arrangements (if any) relating to the subject matter of the Terms and Conditions.
Dev3Studios LLC’s fields of activity with GenieSwap include in particular:
Verified IDO: In a verified IDO, only the identity of the person launching the IDO is checked. Identity verification is conducted by Mountain Wolf. The IDO owner must possess a fully verified corporate account with Mountain Wolf. The uploaded documents, including the concept (Whitepaper), etc., are not reviewed or validated by Dev3Studios LLC. It is simply ensured that all steps have been carried out correctly. Every customer wishing to invest in an IDO should conduct a thorough due diligence assessment.
Unverified IDO: In an unverified IDO, the uploaded documents, including the concept (Whitepaper), etc., are not reviewed or validated by Dev3Studios LLC. It is simply ensured that all steps have been carried out correctly. Every customer interested in investing in an IDO should conduct a comprehensive due diligence assessment.
Liquidity Pool: The users provide GenieSwap with liquidity. This liquidity pool is needed to maintain trading. Dev3Studios LLC is not involved in this liquidity procurement. All is processed via a smart contract.
Farms: Here tokens are locked by a smart contract. In return, the customer receives a reward in the form of tokens. Dev3Studios LLC is not involved in this process.
Widget: If a company launches an IDO on GenieSwap, he can mirror the IDO on his own homepage through a widget. Dev3Studios LLC is not involved in this process.
Scramble: GenieSwap provides its own off-chain-wallet. A customer can download and install this wallet or the private cryptographic key. The customer is fully responsible for his own wallet. Dev3Studios LLC has no access to the wallet and takes no responsibility for it. There is no possibility of recovery in the event of loss of the wallet on the part of the customer.
Payment system: The wallet will include a payment system. This means that payments can be made to companies via the payment system, provided that they have installed Scramble.