Terms of Service

These Terms of Service ("TOS" or "Terms") apply to all use of the OmegaExchange website (the "Website") and any related services (collectively, "Services"). Our Services are operated by OmegaExchange ("OmegaExchange", "We", "Us", or "Our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must immediately stop using our Services.

1. Service Description

OmegaExchange is a technology service provider that facilitates cryptocurrency-to-cryptocurrency exchanges through a non-custodial, aggregator platform. We compare quotes from multiple Exchange Service Providers ("ESPs") — including FixedFloat, RocketX and others — so you can swap at the best available rate.

We connect you with third-party ESPs who execute the actual cryptocurrency exchanges. OmegaExchange provides the technology interface, rate comparison, and routing, while an ESP processes your transaction and maintains custody during the exchange process. You are also subject to the terms and policies of the ESP that processes your transaction.

How it works: After you place a swap through our platform, you receive a deposit address provided by your selected ESP. Once your deposit is confirmed on the blockchain, the ESP exchanges your funds to your chosen cryptocurrency and forwards them to your designated wallet address, typically within minutes.

2. Eligibility

2.1 General Requirements

By using our Services, you represent and warrant that:

• You are at least 18 years old or have reached the legal age of majority in your jurisdiction
• You have full legal capacity to enter into this agreement
• You are transacting only with legally-obtained funds that belong to you
• You are not using OmegaExchange to facilitate any unlawful activity
• You are not a Politically Exposed Person ("PEP") and do not have business relationships or family ties with any PEP
• You will notify us immediately if you become a PEP during your use of our Services

Politically Exposed Person means individuals entrusted with prominent public functions including heads of state, government ministers, senior officials, members of parliament, senior judges, military officers, ambassadors, and executives of state-owned enterprises or international organizations. This includes immediate family members and close business associates.

2.2 Restricted Jurisdictions

Our Services are not available to residents, citizens, or persons located in:

• Americas: United States (including all territories), Canada
• Europe: Spain, France, Germany, Malta, Lithuania, Netherlands, United Kingdom
• Asia-Pacific: Japan, Hong Kong, Singapore
• Middle East & Africa: Iran, Iraq, Syria, Sudan, South Sudan, Zimbabwe
• Other: Cuba, North Korea, Democratic Republic of Congo, Russian-occupied regions of Ukraine (Crimea, Sevastopol, Donetsk, Luhansk, Kherson, Zaporizhzhia), any jurisdiction subject to UN Security Council sanctions, OFAC Specially Designated Nationals list, or where cryptocurrency transactions are prohibited by law.

You must immediately cease using our Services if your jurisdiction becomes restricted. We may update this list without notice.

2.3 Legal Compliance and Taxes

You are solely responsible for ensuring your use of our Services complies with all applicable laws, determining what taxes apply to your transactions, and reporting and remitting correct taxes to appropriate authorities. OmegaExchange does not provide tax advice and is not responsible for any tax obligations related to your use of our Services.

2.4 User Obligations

By using our Services, you warrant that all cryptocurrency assets you exchange are legally yours, you will provide accurate information, wallet addresses are not associated with illegal activity, you will not attempt to reverse-engineer or compromise our systems, and you will not use our Services for money laundering, terrorism financing, fraud, illegal trafficking, or any criminal activity.

3. Risk Disclosure

Cryptocurrency trading involves substantial financial risk. Before using our Services, carefully consider whether it is appropriate for your financial situation.

Key Risks:

• Total Loss: You may lose some or all of your cryptocurrency due to market volatility, technical errors, or security breaches
• Market Volatility: Cryptocurrency prices can fluctuate dramatically
• No Regulatory Protection: Cryptocurrencies are not backed by governments. You cannot enforce guarantees as with regulated financial institutions
• Liquidity Risk: You may be unable to exchange or liquidate your assets in certain conditions
• Technical Risk: Systems and blockchain technology may experience errors, malfunctions, or attacks
• Irreversible Transactions: Cryptocurrency transactions cannot be reversed once confirmed

OmegaExchange never provides investment advice. All decisions are your responsibility. You acknowledge full responsibility for all risks associated with using our Services.

Phishing Warning

Only trust:

• Website: https://omegaexchange.xyz (verify exact spelling)
• We never message you first on other platforms claiming to be OmegaExchange support.

Never use services from misspelled URLs or unverified accounts. Never share transaction details or credentials with anyone claiming to be OmegaExchange unless you initiated the support request. OmegaExchange is not responsible for losses from phishing scams.

4. Privacy and Personal Information

We respect your privacy and collect only information necessary to provide our Services and comply with applicable laws.

• What we collect: When you use our Services, we may collect personal information required to facilitate swaps and meet legal obligations.
• How we protect it: We implement industry-standard security measures to safeguard your information from misuse, unauthorized access, and disclosure.
• Your control: You maintain control over your personal information. For details on what data we collect, how we process it, and your rights, please review our Privacy Policy.
• Blockchain transparency: Cryptocurrency transactions are inherently public. Transactions to and from our ESP partners can be viewed on public blockchains, and law enforcement has full access to this blockchain information.

4.1 Security Guidelines

Protect your information:

• Never share your Swap ID, transaction hashes, wallet addresses, email, or account credentials with anyone unless responding to a verified OmegaExchange support request
• Our representatives only communicate from our official support channels and email addresses
• We will never ask for your password or request you send funds to addresses not displayed on our platform

If something seems suspicious: Contact us immediately through our official support channels. We will verify the authenticity of any communication.

Your responsibility: You agree that all information you provide is true, accurate, and complete.

Limitation of liability: While we use best practices to protect your data, we cannot be held liable for information breaches resulting from system failures, human error, or external attacks beyond our reasonable control.

5. Limitation of Liability

OmegaExchange operates as a technology service provider connecting users with Exchange Service Providers (ESPs). We do not directly execute, control, or hold custody of cryptocurrency exchanges. ESPs are responsible for executing exchanges, holding funds during processing, applying AML/KYC procedures, and making decisions regarding transaction approval or holds.

OmegaExchange shall not be liable for any damages, losses, claims, or expenses arising from your use of our Services, market volatility, loss of cryptocurrency, system failures, blockchain network issues, or actions, decisions, or policies of ESPs including AML/KYC procedures, fund holds, or transaction refusals.

While we cannot control ESP decisions, we will make reasonable efforts to facilitate communication between you and the ESP, provide transaction details, and assist in clarifying procedures. However, OmegaExchange has no authority to override ESP decisions or release funds held by ESPs.

You release OmegaExchange from all liability and acknowledge that disputes regarding held funds or transaction processing must be resolved with the applicable ESP. We provide our Services "as is" without warranties.

6. Returns and Refunds

OmegaExchange operates as a technology service provider connecting users with Exchange Service Providers (ESPs). We do not directly execute, control, or hold custody of cryptocurrency exchanges. ESPs are responsible for executing exchanges, holding funds during processing, applying AML/KYC procedures, and making decisions regarding transaction approval or holds.

All cryptocurrency swaps are final. Refund decisions for held or rejected transactions are made by the ESP, not OmegaExchange. If your transaction requires a refund, we will identify the ESP, provide their contact information and transaction details, facilitate communication, and assist where appropriate. However, OmegaExchange cannot approve, process, or guarantee refunds as we do not hold custody of funds.

Deposit Requirements: We accept one deposit per swap. Multiple deposits require contacting support for a refund (original rate not honored). Each cryptocurrency has minimum and maximum deposit limits displayed on the swap form. Deposits outside these limits may not be processed or may be refunded in parts.

Unspecified Deposits: Deposits without an active swap are held in the ESP's system. Contact support@omegaexchange.xyz with subject "Claim Deposit" and provide transaction details. We will facilitate your refund request with the ESP.

Refund Policy: Refunds are issued by the ESP to the originating address (verified on blockchain) to prevent fraud. In rare cases, after ESP approval, refunds may go to a different address. Do not delete wallet addresses used for deposits. Ensure your wallet provider can receive refunds. Neither OmegaExchange nor the ESP is responsible if you cannot access refunded funds correctly issued to the originating address. The ESP makes final determinations regarding refunds.

7. Fees and Costs

OmegaExchange and our ESPs reserve the right to charge service fees and commissions. Fees may be adjusted without notice. Exchange fees shown are estimates and may vary based on market conditions, ESP fees, blockchain network fees, and transaction complexity. All applicable fees are included in the final exchange rate. ESPs may have their own fee structures and may charge for specific services or AML/KYC procedures.

If you experience an issue not caused by our error, we or the ESP may recover reasonable resolution costs. You will be notified of estimated costs and may need to make separate payment before resolution proceeds.

8. Exchange Rates and Confirmations

8.1 Rate Estimation

Initial rates are estimates only. While we make considerable efforts to provide accurate rate estimates, the final exchange rate is calculated after your deposit is confirmed and your funds are being exchanged.

Why rates change:

• Cryptocurrency markets are highly volatile
• Blockchain confirmations take time (this varies by network)
• Exchange Service Provider rates fluctuate
• Network congestion affects transaction speeds

Confirmation process: Broadcasting a transaction to the blockchain does not mean we have accepted it. We are not responsible for blockchain confirmation times or procedures.

8.2 Fee Transparency

All fees are included in the final rate displayed. However, exact fees cannot be determined until the exchange occurs due to:

• Market volatility
• Multiple ESPs and blockchain networks involved
• Variable network congestion and miner fees
• Real-time exchange routing optimization

No hidden fees: You are never obligated to pay additional or hidden fees directly to OmegaExchange unless explicitly specified in these Terms.

9. Governing Law and Disputes

These Terms are governed by applicable law in the jurisdiction where you reside, except where application of that law is displaced by mandatory rules of international commercial or consumer law. You agree to notify us of any dispute within 30 days by emailing support@omegaexchange.xyz. You must first attempt informal resolution by contacting us directly. If unsuccessful, we will work with you in good faith to resolve the dispute through an independent, mutually agreed mediation or arbitration service (online or in your jurisdiction).

Nothing in these Terms limits any consumer rights you may have under the mandatory laws and regulations of your jurisdiction of residence, including rights you cannot waive by agreement.

10. Modifications to Terms

We may update or modify these Terms at any time without notice.

Your responsibility: Regularly review these Terms to stay informed of changes. Continued use of our Services after modifications constitutes acceptance of the updated Terms.

Disagreement: If you do not agree with any modification, you must immediately stop using our Services.

For ESP-Related Issues: If your issue involves funds held by an ESP, AML/KYC procedures, transaction holds, refund processing, or ESP policy questions, we will:

• Identify the relevant ESP that processed your transaction
• Provide you with ESP contact information and transaction details
• Facilitate communication between you and the ESP
• Assist in clarifying requirements and procedures
• Advocate on your behalf when appropriate

While we facilitate communication, please understand that resolution of ESP-related matters ultimately requires direct interaction with the ESP, as they maintain custody and control of funds during the exchange process.

By using OmegaExchange's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including our role as a technology intermediary and the responsibilities of our ESP partners.