Terms of Service

1. About Swapafy

Swapafy is a peer-to-peer item trading platform that connects users who want to trade items locally. We facilitate connections between traders but do not participate in, guarantee, or take responsibility for trades between users.

Our platform is currently available in the United States and Canada.

2. Eligibility

To use Swapafy, you must:

• Be at least 18 years of age
• Be located in the United States or Canada
• Have the legal capacity to enter into binding agreements
• Provide accurate and truthful information
• Not have been previously banned from the platform

3. Account Responsibilities

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access
• Not share your account credentials with others

You are solely responsible for any activity that occurs through your account, whether or not you authorized that activity.

4. Listings and Trading

4.1 Creating Listings

When creating listings, you must:

• Accurately describe your items, including condition and any defects
• Use only photos of the actual items you are trading
• Have the legal right to trade the items listed
• Update or remove listings when items are no longer available

4.2 Trading Process

Swapafy facilitates connections between traders. The actual trade is between you and another user. You are responsible for:

• Verifying items before completing a trade
• Meeting in safe, public locations
• Ensuring trades are legal and appropriate
• Resolving disputes directly with other users

4.3 Reviews

After completing trades, users may leave reviews. Reviews must be honest, fair, and based on actual trading experiences. We reserve the right to remove reviews that violate our guidelines.

5. Prohibited Items, Services, and Activities

5.1 Prohibited Items

You may not list, trade, or facilitate the exchange of:

• Weapons and ammunition — Firearms, guns, ammunition, explosives, fireworks, tasers, pepper spray, brass knuckles, switchblades, throwing stars, or any weapon designed to cause harm
• Drugs and controlled substances — Illegal drugs, narcotics, marijuana/cannabis (regardless of local legality), prescription medications, drug paraphernalia, or any substance regulated under the Controlled Substances Act
• Alcohol and tobacco — Alcoholic beverages, beer, wine, spirits, cigarettes, cigars, vaping products, e-cigarettes, nicotine products, or related paraphernalia
• Stolen or illegally obtained property — Any item obtained through theft, fraud, or illegal means
• Counterfeit and replica items — Fake designer goods, knockoffs, unauthorized reproductions, pirated media, or items misrepresenting their origin
• Hazardous materials — Toxic chemicals, flammable substances, radioactive materials, pesticides, or any materials requiring special handling or disposal
• Adult and obscene content — Pornography, sexually explicit materials, adult toys, or any content depicting sexual acts
• Live animals and animal products — Living creatures, endangered species products, ivory, fur from protected animals, or any item violating wildlife protection laws
• Human body parts and remains — Organs, tissues, blood, bodily fluids, or human remains
• Recalled or unsafe products — Items subject to government recalls, defective products, or items that pose safety hazards
• Financial instruments — Cash, gift cards, prepaid cards, cryptocurrency, stocks, bonds, or any monetary instruments
• Government-issued documents — IDs, passports, licenses, permits, or official documents
• Items infringing intellectual property — Unauthorized copies of copyrighted works, trademark violations, or patent infringements
• Gambling-related items — Lottery tickets, slot machines, gambling devices, or casino equipment
• Any item prohibited by federal, state, provincial, or local law

5.2 Prohibited Services

You may not offer, solicit, or facilitate:

• Sexual or escort services — Prostitution, escort services, sexual favors, "companionship," massage with sexual elements, or any service of a sexual nature
• Illegal activities — Services that violate any law, including but not limited to hacking, identity theft, fraud, or money laundering
• Medical or healthcare services — Medical consultations, diagnoses, treatments, prescriptions, or any service requiring medical licensure
• Legal services — Legal advice, representation, or any service requiring bar admission
• Financial services — Investment advice, loans, money transfers, check cashing, or services requiring financial licensing
• Gambling services — Betting, wagering, lottery services, or games of chance for money
• Pyramid schemes and MLM — Multi-level marketing, pyramid schemes, or "get rich quick" schemes
• Harassment or stalking — Services to harass, stalk, intimidate, or harm others
• Academic fraud — Writing papers, taking tests, or completing assignments for others
• Services requiring professional licensure — Any service requiring specific professional licenses that you do not possess

5.3 Prohibited Conduct

You may not:

• Harass, threaten, abuse, stalk, or discriminate against other users
• Create fake, misleading, or fraudulent listings
• Misrepresent items, their condition, origin, or value
• Spam, send unsolicited messages, or engage in commercial solicitation
• Manipulate reviews, ratings, vouches, or trust scores
• Create multiple accounts, evade bans, or impersonate others
• Attempt to circumvent platform features, security, or moderation
• Use automated tools, bots, scrapers, or data mining software
• Collect, store, or share personal information of other users
• Interfere with the platform's operation or infrastructure
• Facilitate transactions outside of Swapafy to avoid accountability
• Engage in price gouging, scalping, or exploitative practices
• Post content that is defamatory, hateful, or incites violence

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of content you post on Swapafy. By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content on the platform and for promotional purposes.

6.2 Our Content

The Swapafy platform, including its design, features, and content (excluding user-generated content), is owned by Swapafy and protected by intellectual property laws. You may not copy, modify, or distribute our content without permission.

7. Safety and Trust

While we work to maintain a safe trading environment, you acknowledge that:

• We cannot verify the identity of all users
• We do not inspect or guarantee items listed
• You trade at your own risk
• You should take precautions when meeting strangers

8. Account Suspension and Termination

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in prohibited activities
• Create risk or legal exposure for Swapafy
• Receive multiple negative reports from users

You may delete your account at any time through your account settings. Upon termination, your access to the platform will be revoked and your listings will be removed.

9. Assumption of Risk

10. Disclaimers

To the fullest extent permitted by applicable law, we expressly disclaim:

• All warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Any warranty that the service will meet your requirements or expectations
• Any warranty that the service will be uninterrupted, timely, secure, or error-free
• Any responsibility for the conduct, actions, or omissions of any user
• Any responsibility for the quality, safety, legality, or authenticity of items or services
• Any responsibility for the accuracy or completeness of any listing, profile, or communication
• Any responsibility for trades, transactions, or interactions between users
• Any responsibility for verifying user identities, backgrounds, or credentials
• Any responsibility for any harm, injury, death, or property damage resulting from use of the platform or meetups with other users

WE DO NOT SCREEN USERS, VERIFY IDENTITIES, INSPECT ITEMS, OR MONITOR TRADES.You are solely responsible for your interactions with other users.

11. Limitation of Liability

This includes, without limitation:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or other intangible losses
• Personal injury, bodily harm, or death
• Property damage, theft, or loss of items
• Emotional distress or psychological harm
• Losses arising from trades, transactions, or dealings with other users
• Losses from reliance on information or content on the platform
• Losses from service interruptions, errors, or security breaches
• Any matter beyond our reasonable control

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO SWAPAFY IN THE PAST TWELVE MONTHS, WHICHEVER IS LESS.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Swapafy, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the platform or services
• Your violation of these Terms of Service
• Your violation of any law or regulation
• Your violation of any rights of any third party
• Any content or listings you post on the platform
• Any trades, transactions, or interactions with other users
• Any dispute between you and another user
• Any claim that your content caused damage to a third party

This indemnification obligation will survive the termination of your account and these Terms.

13. Dispute Resolution and Arbitration

13.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of Swapafy shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules.

13.2 Class Action Waiver

YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. All claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

13.3 Jury Trial Waiver

YOU WAIVE YOUR RIGHT TO A JURY TRIAL for any dispute subject to arbitration under these Terms.

13.4 User-to-User Disputes

Swapafy is not obligated to mediate disputes between users. You agree to release Swapafy from any claims, demands, and damages arising out of disputes with other users.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California.

15. Changes to Terms

We reserve the right to modify these Terms of Service at any time at our sole discretion. We will notify you of material changes through the platform or via email. Your continued use of Swapafy after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using Swapafy immediately.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published on the platform, constitute the entire agreement between you and Swapafy regarding your use of the service. These Terms supersede any prior agreements or understandings.

18. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Swapafy.

19. Contact Us

If you have questions about these Terms of Service, please contact us at: