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Terms

Terms Of Service

Last updated May 22, 2026

These Terms of Service ("Terms") govern your access to and use of the SwapMarket platform, including its mobile applications (iOS and Android), website, and any related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

1. Definitions

  • "Platform" refers to the SwapMarket mobile applications (iOS and Android), website, and all associated services.
  • "User," "You," "Your" refers to any individual or entity accessing or using the Platform.
  • "SwapMarket," "We," "Us," "Our" refers to SwapMarket LLC, a Limited Liability Company incorporated in the Commonwealth of Virginia.
  • "Item" refers to any tangible good listed for trade on the Platform.
  • "Trade" refers to the exchange of Items between Users, potentially including an optional cash supplement.
  • "Premium Features" refers to enhanced functionalities available through subscription or one-time purchase.

2. Acceptance of Terms

By creating an account, listing an item, engaging in a trade, or otherwise using the Platform, you signify your unequivocal acceptance of these Terms, as well as our Privacy Policy, which is incorporated herein by reference. Your continued use of the Platform after any modifications to these Terms constitutes your acceptance of the revised Terms.

3. User Eligibility

The Platform is intended for use by individuals who are at least sixteen (16) years of age. Users under the age of eighteen (18) must have the explicit supervision of a parent or legal guardian to use the Platform. This means the parent or legal guardian must create and manage the minor's account and be responsible for all activities conducted by the minor on the Platform. By permitting a minor to register, the parent/guardian agrees to be bound by these Terms. By using the Platform, you represent and warrant that you meet these eligibility requirements. SwapMarket reserves the right to terminate accounts of users who do not meet these criteria.

4. Account Creation

To access certain features of the Platform, you must register for an account. Account creation can be done via email and password or through third-party social login services (e.g., Google, Apple, Facebook). You agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain and promptly update your account information to keep it accurate, current, and complete.
  • Maintain the confidentiality of your password and account credentials.
  • Be solely responsible for all activities that occur under your account.
  • Immediately notify SwapMarket of any unauthorized use of your account or any other breach of security.

SwapMarket reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

5. Platform Description

SwapMarket operates as a peer-to-peer local item trading platform, facilitating connections between Users for the exchange of physical goods. The core functionality involves item-for-item trades, with the option for Users to agree upon an additional cash supplement within the application. All physical exchanges of items and any agreed-upon cash supplements occur entirely between Users in the real world ("IRL") at a mutually agreed meetup location. SwapMarket's Role: SwapMarket acts solely as a meeting facilitation platform. We do not:

  • Touch, process, hold, or guarantee any cash payments.
  • Take possession of, inspect, or guarantee the quality or condition of any items traded.
  • Act as an agent for any User.
  • Assume any liability for the conduct of Users or the outcome of any trades.

All transactions and interactions, including the exchange of items and cash, are the sole responsibility of the Users involved.

6. IRL Meetup Safety

For all in-person meetups facilitated by the Platform, SwapMarket strongly recommends that Users prioritize their safety. While SwapMarket facilitates connections, all physical exchanges occur between Users, and SwapMarket assumes no responsibility for the safety of such meetups. To enhance your safety, we recommend the following:

  • Meet in Public Places: Always choose well-lit, public locations with other people around, such as coffee shops, shopping malls, or police station safe exchange zones.
  • Bring a Friend: Whenever possible, bring a friend or family member with you to the meetup.
  • Inform Others: Let a trusted friend or family member know where you are going, who you are meeting, and when you expect to return.
  • Trust Your Instincts: If a situation feels unsafe or uncomfortable, do not proceed with the meetup or trade.
  • Do Not Share Personal Information: Avoid sharing unnecessary personal information, such as your home address or daily routine.

7. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SWAPMARKET DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE PLATFORM AT YOUR SOLE RISK.

8. Cash Supplement Liability

SwapMarket explicitly disclaims any and all responsibility and liability for cash supplements exchanged between Users. Any agreement to exchange cash, the amount of such cash, and the actual exchange of cash are solely between the Users involved. SwapMarket does not process, hold, guarantee, or in any way become involved in cash transactions. Users acknowledge and agree that SwapMarket bears zero liability for any disputes, losses, damages, or issues arising from or related to cash supplements.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWAPMARKET, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (III) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SWAPMARKET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SWAPMARKET'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM EXCEED THE AMOUNT YOU PAID SWAPMARKET, IF ANY, IN THE LAST TWELVE MONTHS, WHICH MAY BE ZERO DOLLARS ($0.00).

10. Indemnification

You agree to defend, indemnify, and hold harmless SwapMarket, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform, or any claims arising from your conduct or trades, including cash supplements.

11. Listings

Users may create listings for items they wish to trade. Listings may include:

  • Photographs of the item.
  • A written description of the item.
  • A condition rating for the item.
  • Item tags describing the category and nature of the item.
  • Trade intent tags describing what the User is seeking in return.

User Responsibility: You are solely responsible for the accuracy, completeness, and legality of your listings, including all tags and descriptions. No Prior Verification: SwapMarket does not verify listings before they go live on the Platform. Right to Act on Reports: SwapMarket reserves the right, but not the obligation, to review, modify, or remove listings based on reports from other Users or at its sole discretion, without prior notice.

12. Premium Features (Freemium Model)

SwapMarket operates on a freemium model, offering certain enhanced functionalities as "Premium Features." These may include, but are not limited to:

  • Boosted listing visibility.
  • Direct Message (DM) priority.
  • Free boost credits.
  • Early access to new listings (e.g., 15 minutes before free users).
  • A "Backpack" feature for managing off-market inventory.

Payment: Premium Features can be purchased via in-app purchases through Apple App Store or Google Play Store, or directly through SwapMarket's designated payment processors. Refunds for In-App Purchases: Refunds for premium purchases made through Apple App Store or Google Play Store are handled entirely by Apple or Google, respectively. SwapMarket has no refund obligations or capabilities for such purchases. Modification and Discontinuation: SwapMarket reserves the right to modify, reprice, or discontinue any Premium Features at any time, with or without notice, and without liability to you.

13. Trustworthiness Rating System

SwapMarket employs a proprietary algorithm to generate a "Trustworthiness Rating" for Users.

  • Rating Eligibility: Only verified trade partners who have successfully completed a trade through the Platform can rate each other.
  • Finality of Ratings: All ratings are final and cannot be appealed by Users.
  • SwapMarket's Discretion: SwapMarket reserves the right to remove ratings at its sole discretion, particularly in cases of abuse or violation of these Terms.
  • Informational Purpose: Trustworthiness Ratings are purely informational and do not result in any account consequences (e.g., suspension or termination) for low scores.
  • No Liability: SwapMarket is not liable for any harm, damages, or losses arising from your reliance on Trustworthiness Ratings.

14. Communications

  • In-App Messaging: Users can communicate with each other exclusively through the Platform's in-app messaging system.
  • Notifications: SwapMarket may send push notifications and marketing emails to Users.
  • Opt-Out: Users can opt out of marketing emails by following the unsubscribe instructions provided in the emails. Push notifications can be managed through your device settings.

15. Reporting & Moderation

  • Reporting Mechanisms: The Platform provides an in-app report button for Users to report violations of these Terms or other inappropriate content/conduct. Automated detection systems may also flag content for review.
  • Review Discretion: SwapMarket reviews reports at its sole discretion and does not guarantee any specific outcome or action.
  • Account Suspensions: If your account is suspended, you may appeal the decision via email to legal@swapmarket.app. SwapMarket's decision on any appeal is final and binding.

16. Message Monitoring

Users acknowledge and agree that messages exchanged through the Platform's in-app messaging system may be accessed by SwapMarket solely for the purposes of:

  • Dispute resolution between Users.
  • Investigation of reported violations of these Terms.

Messages will not be used for advertising purposes or sold to third parties. By using the messaging feature, you explicitly consent to this limited review.

17. Content Ownership

All photos, videos, listings, descriptions, and any other content uploaded or submitted by you to the Platform ("User Content") become the sole and exclusive property of SwapMarket upon upload. You hereby grant SwapMarket an unlimited, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Platform and SwapMarket's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels.

18. Prohibited Items

The following items are strictly prohibited from being listed or traded on the Platform:

  • Weapons, firearms, and ammunition.
  • Alcohol and tobacco products.
  • Illegal drugs, controlled substances, and drug paraphernalia.
  • Counterfeit goods or replicas.
  • Stolen goods.
  • Live animals.
  • Adult content, pornography, or sexually explicit materials.
  • Anything illegal or that promotes illegal activities.
  • Hazardous materials.
  • Recalled products.
  • Medical devices or pharmaceuticals.

SwapMarket reserves the right to determine, at its sole discretion, whether an item is prohibited.

19. Prohibited Conduct

Users are strictly prohibited from engaging in the following conduct on the Platform:

  • Fraudulent activities, including misrepresentation of items or intent to defraud.
  • Harassment, bullying, stalking, or threatening other Users.
  • Impersonation of any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Creating fake listings or engaging in deceptive trading practices.
  • Multi-accounting to evade bans or manipulate the Platform.
  • Spamming, including unsolicited commercial communications.
  • Interfering with or disrupting the integrity or performance of the Platform or data contained therein.
  • Any activity that is illegal or violates any applicable local, state, national, or international law or regulation.
  • Uploading viruses or other malicious code.
  • Collecting or harvesting any personally identifiable information from the Platform.

20. Data Collection

SwapMarket collects various types of data from Users, including but not limited to:

  • Location data.
  • Trade History.
  • Message content (as per Section 15 (Message Monitoring)).
  • Account information (e.g., name, email, username).

Third-Party Access: Third parties may access anonymized or aggregated data for analytical purposes only. SwapMarket does not engage in ad platform data sharing. For more details on data collection and usage, please refer to our Privacy Policy.

21. Data Retention After Account Deletion

Upon account deletion, SwapMarket adheres to the following data retention policies:

  • Profile Data: Your name, profile photo, email address, and username will be deleted immediately.
  • Listings and Messages: Your listings and message content will be anonymized (user references replaced with tokens) and retained, not deleted.
  • Standard Users: Anonymized data for standard Users will be retained for one (1) year post-deletion.
  • Flagged Users: Anonymized data for Users whose accounts were flagged for violations will be retained for two (2) years post-deletion.

22. Acquisition

In the event that SwapMarket is acquired by or merges with another entity, Users will be notified of such event. Prior to any transfer of your data to the new entity, you will be required to re-consent to the new entity's terms and privacy policy. If you do not re-consent, your account and associated data may be deleted.

23. Copyright

SwapMarket respects the intellectual property rights of others and expects its Users to do the same. While SwapMarket does not operate a formal Digital Millennium Copyright Act (DMCA) process, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any content on the Platform infringes upon your copyright, you may submit a notification to our designated Copyright Agent at legal@swapmarket.app. Your notification must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SwapMarket to locate the material.
  • Information reasonably sufficient to permit SwapMarket to contact you, such as an address, telephone number, and, if available, an electronic mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Reported infringing content will be reviewed and removed at SwapMarket's sole discretion.

24. Tax

Users are solely and exclusively responsible for all tax obligations, duties, and liabilities arising from any trades or cash supplements conducted through the Platform. SwapMarket provides no tax reporting, advice, or assistance. You are encouraged to consult with a tax professional regarding your obligations.

25. Terms of Service Updates

SwapMarket reserves the right to update or modify these Terms at any time, at its sole discretion. We will notify you of any material changes by posting the updated Terms on the Platform or through other reasonable means. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform.

26. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Fairfax, Virginia. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between SwapMarket and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No Litigation: You expressly waive your right to litigate any dispute in court, including the right to a jury trial, and agree to resolve all disputes through binding arbitration as set forth herein.

27. Miscellaneous

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and SwapMarket regarding your use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. No Waiver: No waiver by SwapMarket of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SwapMarket to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without SwapMarket's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SwapMarket may freely assign or transfer these Terms without restriction.

28. Legal Contact

For any legal inquiries or official communications, please contact SwapMarket at: Email: legal@swapmarket.app

User Acknowledgment By tapping 'I Agree' or creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.