Terms of Service

1. Acceptance of Terms

By accessing or using the SWAPD platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. SWAPD reserves the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

SWAPD is a peer-to-peer marketplace that facilitates the trading of physical goods between users. The Service provides a platform for users to list items, discover potential trades through a swipe-based interface, communicate with other users, and complete trades through our authenticated warehouse process. SWAPD acts as an intermediary to facilitate trades but does not own, possess, or sell any items listed on the platform except during the authentication and shipping process.

3. User Accounts

You must create an account to use the Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must be at least 18 years of age to create an account. SWAPD reserves the right to suspend or terminate accounts that violate these Terms.

4. Listing and Trading

When you list an item on SWAPD, you represent and warrant that you are the legal owner of the item, the item is accurately described, all photos are genuine representations of the actual item, and you have the right to transfer ownership. Items that are illegal, counterfeit, stolen, hazardous, or otherwise prohibited are not allowed on the platform. SWAPD reserves the right to remove any listing at its sole discretion.

5. Authentication and Inspection

All traded items pass through the SWAPD warehouse for authentication and inspection by third-party experts. While we make every reasonable effort to verify authenticity and condition, SWAPD does not guarantee the accuracy of authentication results. If an item fails authentication, the trade is cancelled and items are returned to their original owners at no additional cost.

6. Fees and Payments

SWAPD charges shipping fees, inspection fees, and processing fees on cash adjustments as described on our Pricing page. Membership tier pricing is billed monthly. All fees are non-refundable except where required by law. SWAPD reserves the right to modify fees with 30 days' notice to affected users. Cash adjustments between traders are held in escrow until the trade is completed.

7. Shipping and Risk of Loss

SWAPD provides prepaid shipping labels for all trades. Risk of loss for items in transit transfers from the sender to SWAPD upon delivery to the SWAPD warehouse, and from SWAPD to the recipient upon handoff to the shipping carrier for final delivery. SWAPD is not responsible for delays, damage, or loss caused by shipping carriers, though we will assist in filing claims where applicable.

8. Prohibited Conduct

You agree not to: circumvent the SWAPD platform to complete trades directly; list counterfeit, stolen, or illegal items; harass, threaten, or abuse other users; create multiple accounts to evade restrictions; manipulate the matching or rating system; use the Service for money laundering or fraudulent purposes; or violate any applicable local, state, national, or international law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAPD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE. SWAPD'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO SWAPD IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through SWAPD's internal dispute resolution process. If unresolved, disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

11. Contact

If you have questions about these Terms, please contact us at legal@swapd.trade.