Terms of Use

Last Updated: January 20, 2026

Welcome to the BenjiSwap application ("App") operated by LM Funding Ltd. ("we," "us," or "our"). The App enables users ("you," "your," or "User") to swap certain tokens in a 1:1 ratio via applicable smart contracts or other technical infrastructure. By accessing or using the App, you agree to be bound by these Terms of Use (the "Terms") and our Privacy Policy, of which you acknowledge receipt and agreement to its terms. If you do not agree with any of these Terms or the Privacy Policy, you may not use App.

Definitions

For purposes of the Terms:

Content means any data, information or material obtainable through App, including but not limited to text, graphics, images, audio, video, code, logs, documentation, or other data.

Token means the official unit of ownership of an asset recorded on the Blockchain, including any security token, stablecoin, or other digital asset available on the App.

Blockchain Wallet or Wallet means a software or hardware implementation that stores or controls cryptographic key material used to initiate transactions on a supported blockchain network.

Investor Managed Wallet means a Wallet whose key pair is created and secured by you (and/or your third-party wallet custodian, if any), that is not hosted by the Token's transfer agent, if applicable, and that has been approved and whitelisted by the Token's transfer agent to interact with the Token's blockchain integrated recordkeeping system.

Other capitalized terms may be defined elsewhere in the Terms.

Eligibility and Scope

By entering into these Terms, you affirm, represent and warrant that: (i) you or your organization, as applicable, are an existing and fully onboarded customer of any permissioned token on the App; (ii) you or your organization, as applicable, are eligible under applicable law to hold Tokens involved in a swap and have legal ownership of any Tokens you intend to swap; and (iii) you have the authority to bind your organization to these Terms if acting on behalf of your organization.

3. The Swap Process

3.1 Swap Instructions. You may initiate a swap transaction by: (i) specifying the type and amount of Tokens to be swapped, and (ii) providing the appropriate Wallet address to receive the exchanged assets.

3.2 User Review. The App will ask you to review your proposed swap transaction details reflecting the 1:1 swap before finalizing. Once you confirm, the swap transaction will be executed and cannot be cancelled.

3.3 Execution Time. The time to complete a swap transaction may vary due to blockchain network congestion, liquidity availability, or other technical factors. We do not guarantee a fixed execution time.

3.4 Confirmation. Once finalized, the App will provide a final confirmation reflecting the terms of the swap transaction.

4. Acknowledgement

You hereby acknowledge and agree that:

4.1 the App, LM Funding Ltd., or any of its affiliates do not: (i) act as a custodian for your Tokens or serve in a custodial capacity; (ii) act as a broker, dealer, alternative trading system, or exchange; (iii) facilitate any matching of swaps between Users, provide pricing, or order routing; (iv) maintain an order book, facilitate inter-user trading, or perform a matching functionality; (v) serve in a capacity as a money transmitter; or (vi) guarantee access to the App or the availability or inventory of Tokens.

4.2 LM Funding Ltd. retains legal and beneficial control of all Token inventory on the App and retains the right to close the App or revoke your access to the App for in its sole discretion and for any reason, including, but not limited to, your abuse or non-compliance with these Terms, a lack of Token inventory, or a variance in the valuation of Tokens.

4.3 All swap transactions are user-initiated, atomic, and do not transmit net value between users.

5. Registration and Credentials

5.1 Credentials. To access and use the App you may be required to register for credentials (e.g., an API key, client ID/secret, certificate, or other token). You are responsible for: (i) maintaining the confidentiality and security of your credentials; (ii) all activities that occur using your credentials, whether or not authorized by you; and (iii) ensuring that credentials are used only by you and your authorized personnel, and not shared with or embedded in client-side code or publicly accessible repositories.

You must promptly notify us if you become aware of or suspect any unauthorized access to or use of your credentials or the App.

5.2 Accuracy of Information. You warrant that all information you provide to us in connection with registration and onboarding is accurate, current and complete, and you agree to promptly update such information if it changes.

6. Use of the App

6.1 Compliance with Laws and Policies. You agree to use the App in compliance with: (i) all applicable laws, rules and regulations (including securities, privacy, data protection, sanctions, anti-money laundering and antiterrorist financing laws); (ii) any technical or usage requirements, rate limits, volume caps, or other requirements we specify in documentation or otherwise; and (iii) any additional policies or guidelines we make available in writing (including via the App documentation or developer portal), each as updated from time to time.

6.2 Restrictions. You must not (and must not permit any third party to): (i) use the App in any manner that could damage, disable, overburden, interfere with, or disrupt our systems, networks, or any other user's access; (ii) attempt to reverse engineer, decompile, disassemble, or otherwise extract the source code or underlying structure of the App or any related software, except to the limited extent such restriction is prohibited by applicable law; (iii) access or search the App using any automated means (including scraping or crawling) except as strictly necessary for the intended server-side functionality of the App; (iv) misrepresent or mask your identity or usage of the App or the origin of API calls (for example, by obscuring user information or falsifying request headers); (v) use the App or any onchain representation of Tokens to create, issue, list, or support any synthetic, "wrapped," mirrored, or derivative token or instrument that is intended to track, provide exposure to, or otherwise reference Tokens, without our prior written consent; (vi) use the App or Tokens to operate, support, or facilitate any trading venue, exchange, alternative trading system, matching engine, order routing service, market making function, or any other facility for trading securities or digital assets, except as expressly authorized by us in a separate written agreement; (vii) use the App in any manner that infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other rights of any person; or (viii) circumvent or attempt to circumvent any security, access control, whitelisting, or other technical restrictions related to the App, Token smart contracts, or blockchain networks used by a Token.

We may monitor your use of the App for security, operational, compliance and analytical purposes and may suspend or throttle your access if we reasonably believe you are violating these Terms or jeopardizing the integrity or performance of the App, or any blockchain network.

7. Data Privacy and Security

You represent and warrant that all personal data you provide to LM Funding Ltd or its delegates has been and will be provided in accordance with applicable laws and regulations, including those relating to privacy and the use of personal data. You will ensure that any personal data you provide is accurate and up to date, and you will promptly notify us if you become aware that any such data is no longer accurate or up to date.

You acknowledge that LM Funding Ltd may transfer and/or process personal data provided by you in multiple jurisdictions and you consent to such transfer and/or processing and represent that you are duly authorized to provide this consent on behalf of any individual whose personal data is provided by you.

You acknowledge receipt of our Privacy Notice and agree to provide that notice (and any updated versions we supply) to relevant individuals, as described in such notice and applicable data privacy addenda.

Security Measures. You agree to implement and maintain commercially reasonable administrative, technical and physical safeguards to protect:

personal data you provide or receive via the App

any Content retrieved through the App;

your systems that call or integrate with the App;

your App credentials; and

any Wallets and related key material that you or your service providers use in connection with the App and Token smart contracts.

You must promptly notify us of any actual or suspected security incident, data breach, or unauthorized access involving the App, your credentials, your systems connecting to the App, or Wallets that could reasonably affect the Tokens, the App or other users.

Your use of personal data will be subject to any separate data privacy addendum agreed between you and us, which is incorporated by reference into the Terms.

8. Intellectual Property

We (and our licensors, if any) retain all rights, title, and interest in and to the App, including but not limited to its software, design, text, graphics, and all related intellectual property rights. All rights, title, and interest in and to the App, including any updates, enhancements, or new versions, belong to LM Funding Ltd or its affiliates. No implied licenses are granted.

Use of Marks: You may not use our trademarks, service marks, or logos without our prior written consent, except as reasonably necessary to use the App.

The App is patent pending with the USPTO.

9. Prohibited Activities

You agree not to: Use the App for any unlawful or fraudulent purpose; Infringe upon or violate any third-party rights; Circumvent or attempt to circumvent any security features of the App; Scrape, harvest, or otherwise collect information about Users without their explicit consent; Submit any defamatory, abusive, obscene, threatening, or hateful content.

10. Privacy

We collect and use personal information in connection with your access to and use of the Services. Personal information may include identifiers (such as name or email address), device and usage information (such as IP address and browser data), and information you voluntarily provide through the Services.

Personal information is used to operate, maintain, secure, and improve the Services; communicate with users; comply with legal obligations; and protect our rights and interests. Where required by law, processing is based on consent; otherwise, it is based on contractual necessity, compliance with legal obligations, or our legitimate interests.

We do not sell personal information. We may share personal information with service providers acting on our behalf, with regulators or authorities as required by law, in connection with a corporate transaction, or to protect the rights, safety, and security of the Services and users.

We use cookies and similar technologies to support functionality, analytics, and user experience. You may control cookies through your browser settings, and where required by law, consent will be obtained for non-essential cookies.

Personal information is retained only for as long as necessary to fulfill the purposes described above, unless a longer retention period is required or permitted by law. We maintain reasonable administrative, technical, and physical safeguards to protect personal information.

Depending on your location, you may have rights to access, correct, delete, restrict, or object to the processing of your personal information, as well as the right to data portability or to withdraw consent where processing is based on consent. California residents have additional rights under applicable law, including the right not to be discriminated against for exercising privacy rights. Requests may be submitted using the contact information below.

If you access the Services from outside the United States, your personal information may be transferred to and processed in other jurisdictions, including the United States, using legally recognized safeguards where required.

11. Confidentiality

LM Funding Ltd and you agree to not disclose (without prior written consent) any Confidential Information received from the other party related to the Terms. Notwithstanding the foregoing, the above does not prohibit disclosure of Confidential Information to: (i) the receiving party's own employees, agents and permitted subcontractors who need to know it; (ii) the receiving party's auditors, professional advisors and any person having a legal or regulatory right to request and receive that information (including a regulator); (iii) the applicable permitted user; (iv) a person to whom an assignment has been permitted; or, (v) report misconduct to a regulatory body.

Each party will ensure that any person is made aware, prior to any disclosure of Confidential Information that it is confidential and that such person and the receiving party owe a duty to the owner of it to keep it confidential. The receiving party shall be responsible for procuring that such person complies with the duty of confidentiality imposed by the Terms as if they were a party to it except where the receiving party has been compelled by law to make the disclosure.

In the event that either party receives any request from or is required by law, by any governmental or regulatory authority or by a court or other authority of competent jurisdiction to disclose Confidential Information or Personal Data of the other party (which shall include, in respect of LM Funding Ltd, Confidential Information or Personal Data of LM Funding or its affiliates), that party shall, to the extent it is legally permitted to do so, give the other party as much notice of such requested or required disclosure as is possible and provide the other party, at the other party's cost, with such assistance as the other party may request to attempt to prevent or limit such disclosure to the extent it is legally permitted to do so.

Neither party will make any announcement or disclosure about these Terms without the prior written consent of the other party.

These obligations will remain in full force and effect following the termination or expiry of the Terms.

12. Term and Termination

The Terms commences on the date you first use the App and remains in effect until terminated in accordance with its terms. Termination by You: You may terminate the Terms by liquidating any transactions and ceasing all use of the App. Termination by Us: We may terminate or suspend your access to the App at any time, for any reason (including breach of the Terms) or no reason, with or without notice. Effect of Termination: Upon termination, you must immediately cease using the App. Sections of these Terms that by their nature should survive termination shall survive, including without limitation Intellectual Property, Liability, Indemnification.

13. Disclaimer of Warranties

ALL SWAPS ARE FINAL. YOU ACKNOWLEDGE AND AGREE THAT THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE ENTITIES THAT MAKE UP LM FUNDING LTD, THIRD PARTY PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ("LM FUNDING LTD PARTIES") GUARANTEES THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE APP. NONE OF THE LM FUNDING LTD PARTIES WARRANT THAT THE APP WILL MEET YOUR NEEDS OR EXPECTATIONS, OR THAT THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. THE LM FUNDING LTD PARTIES HAVE NO RESPONSIBILITY FOR VIRUSES OR ANY OTHER DAMAGE THAT MAY BE CAUSED TO YOU AS A RESULT OF USING THE APP. PERIODS OF VOLATILE OR UNUSUAL MARKET ACTIVITY, IN PARTICULAR, MAY AFFECT THE APP'S AVAILABILITY OR RESPONSE TIME.

YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE APP IS ASSUMED SOLELY BY YOU. ALL OF THE LM FUNDING LTD PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APP, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE LM FUNDING LTD PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP.

14. Limitation of Liability

YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE APP IS TO STOP USING IT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL LM FUNDING LTD PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, TRADING LOSSES, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET); SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE FT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE FT PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.

THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY LM FUNDING LTD PARTIES OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, THE LM FUNDING LTD PARTIES' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE LM FUNDING LTD PARTIES' AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

15. Indemnification

You agree to defend, indemnify, and hold harmless LM Funding Ltd and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: Your use or misuse of the App; Your violation of the Terms or any applicable law or regulation; Your infringement or alleged infringement of any third-party intellectual property or other right.

16. Governing Law, Forum, Severability and Miscellaneous

Failure by LM Funding Ltd to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. The App is controlled by LM Funding Ltd from its offices within California in the United States of America. The laws of the State of California govern these Terms of Use. If you take legal action relating to these Terms of Use, you agree to file such action only in the state courts of the City and County of San Mateo, California, or the United States District Court for the Northern District of California, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.

You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the App. These Terms of Use inure to the benefit of LM Funding Ltd, its successors and assigns. You may not assign the Terms of Use. No waiver shall be effective unless in writing. All rights not expressly granted herein are reserved by LM Funding Ltd.

17. Changes to Terms

We reserve the right to modify or replace these Terms at our discretion. When we do, we will update the "Last Updated" date at the top of this page. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.