Effective Date: January 1, 2026 | Document Revision: 5.1.0 | Jurisdiction: Zürich, Switzerland
For the purposes of this legally binding Agreement, the following terms shall possess the meanings ascribed to them below:
2.1 Zero-Fee Administrative Service: Swissescrow operates under a strict non-profit mandate to facilitate secure, fraud-free international commerce. The Organization does not assess, solicit, or accept upfront service fees, percentage-based commissions, or administrative down payments.
2.2 Third-Party Processing Costs: While Swissescrow charges no internal fees, Users acknowledge that third-party processing costs—such as correspondent banking wire fees, foreign exchange (FX) spread rates, or cryptographic network routing fees—are the sole responsibility of the transacting parties.
2.3 Anti-Fraud Advisory: Users acknowledge that any communication requesting "activation fees," "insurance deposits," or external wire transfers in the name of Swissescrow is inherently fraudulent. Our officers will never request upfront capital.
3.1 Age and Legal Capacity: By utilizing our services, you warrant that you are at least eighteen (18) years of age and possess the unrestricted legal capacity to enter into binding financial contracts.
3.2 AML & Identity Compliance: In strict accordance with the Swiss Anti-Money Laundering Act (AMLA), Swissescrow enforces mandatory Know Your Customer (KYC) and Know Your Business (KYB) protocols. Users must furnish valid, government-issued identification, proof of address, and corporate ultimate beneficial ownership (UBO) declarations before any fiduciary transaction ID is generated.
3.3 Excluded Jurisdictions: The Organization absolutely refuses service to individuals or entities located in jurisdictions subject to comprehensive sanctions by the United Nations (UN), the Swiss State Secretariat for Economic Affairs (SECO), or the Office of Foreign Assets Control (OFAC).
4.1 Network Accuracy: When conducting transactions involving digital assets, Senders are solely responsible for ensuring that funds are routed to the exact cryptographic address provided by Swissescrow via the correct, agreed-upon network architecture.
4.2 Disclaimer of Custodial Liability: Swissescrow accepts no liability for capital lost due to User-initiated routing errors, unsupported networks, or third-party institutional banking delays outside of our direct administrative control.
4.3 Custody Security: All fiat and digital assets held during a transaction are secured in highly regulated, segregated custodial accounts physically and legally domiciled within Switzerland, ensuring total immunity from unauthorized foreign interception.
5.1 Irrevocable Instructions: Upon the successful deposit of Transactional Funds into our custody, the instructions governing the release of said funds become legally binding and irrevocable by either party independently.
5.2 Disbursement Conditions: Funds shall only be disbursed to the Receiver upon: (a) explicit, written authorization from the Sender verifying satisfactory receipt of the goods/services; or (b) the legal expiration of the defined Review Period without the lodgment of a formal dispute.
5.3 Rejection and Return: If the transaction is formally rejected within the Review Period, the Receiver is legally obligated to facilitate the return of any delivered goods or assets. Funds will only be returned to the Sender upon verified confirmation that the original assets have been securely returned.
6.1 Internal Mediation: In the event of a dispute, all Transactional Funds will be immediately frozen. Swissescrow will provide complimentary in-house administrative mediation to assist parties in reaching a fact-based resolution utilizing the original transaction agreement.
6.2 Binding Arbitration: Should internal mediation fail to resolve the matter within thirty (30) days, the dispute shall be mandatorily submitted to the Swiss Chambers' Arbitration Institution (SCAI). The seat of the arbitration shall be Zürich, Switzerland, and the decision rendered by the arbitrator(s) shall be final, binding, and immediately enforceable.
Operating within the strict parameters of the revised Swiss Federal Act on Data Protection (revFADP), Swissescrow holds all transaction metadata, corporate identities, and financial histories in the strictest confidence. Administrative data will only be disclosed to third parties if compelled by a binding federal subpoena from a Swiss judicial authority or MROS.
Swissescrow will immediately terminate mediation and freeze all associated funds for transactions involving:
Swissescrow reserves the absolute right to freeze Transactional Funds, suspend Secure Portal access, and terminate this Agreement without prior notice if we reasonably suspect that a User is engaged in fraudulent activity, money laundering, or has provided falsified identity documentation.
10.1 Limitation of Liability: Under no circumstances shall Swissescrow, its directors, administrative officers, or mediation staff be held liable for indirect, incidental, consequential, or punitive damages. Our total liability shall legally never exceed the exact total amount of the Transactional Funds held in custody for the specific disputed transaction.
10.2 Indemnification: You agree to indemnify, defend, and hold harmless Swissescrow from any claims, corporate losses, legal liabilities, or expenses arising out of your breach of this Agreement or your violation of international law.
In accordance with the Swiss Federal Act on Electronic Signatures (ZertES), Users explicitly agree that utilizing the Secure Portal, checking administrative consent boxes, and exchanging emails with authorized Swissescrow agents constitutes a legally binding signature, creating a valid contract equivalent to a physical, notarized document.
This Agreement, its interpretation, and any non-contractual obligations arising out of or in connection with it, shall be governed exclusively by the substantive laws of Switzerland, strictly excluding its conflict of law principles.
Subject to the mandatory arbitration clause detailed in Section 6.2, any legal dispute arising out of or in relation to this Agreement shall be subject to the exclusive jurisdiction of the competent federal courts of Zürich, Switzerland.