Swapila

Effective Date: October 3, 2025

Welcome to Swapila! These Terms of Service (“Terms”) are a legally binding agreement between you and Swapila, LLC (“Swapila,” “we,” “our,” or “us”) governing your use of our mobile application, website, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms.

1. Acceptance of Terms

If you do not agree to these Terms, do not use the Service. We may update these Terms from time to time. When we do, we will post the updated version with a new effective date. Your continued use of the Service constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the Service. If you are under 18, you represent that you have the consent of a parent or legal guardian.

3. Accounts & Security

You are responsible for the accuracy of your account information and for safeguarding your login credentials.
You agree not to impersonate any person, engage in identity theft, or misrepresent your affiliation.
We may suspend or terminate your account if we suspect violations of these Terms or harmful behavior.

4. Our Role as a Marketplace

Swapila facilitates peer-to-peer listings, offers, and transactions. We are not the seller or buyer of items listed on the Service. Except where expressly stated, we do not manufacture, warehouse, or inspect listed items. Listings and transactions are between users; we are not responsible for the quality, safety, legality, or description accuracy of items.

5. Listings & Prohibited Conduct

You are responsible for your listings, photos, pricing, and item descriptions, which must be truthful and not misleading.
Do not list illegal, stolen, hazardous, counterfeit, or otherwise prohibited items. We may remove content that violates these Terms or applicable law.
You agree not to engage in fraud, scams, harassment, hate speech, doxxing, or any activity that harms other users, our partners, or the Service.
You agree not to attempt to hack, reverse engineer, scrape at scale, or disrupt the Service.

6. Transactions, Payments, Credits, Fees & Taxes

Payment Processing. Payments and refunds are processed by third-party providers (e.g., Stripe). We do not store full card numbers. You authorize us and our providers to charge, capture, and refund amounts as needed to complete transactions or resolve issues.
Credits. Platform credits may be granted, earned, or used as described in the app. Unless required by law, credits are not redeemable for cash and may expire or be revoked if obtained or used in violation of these Terms.
Fees & Taxes. You are responsible for shipping costs, applicable taxes, duties, and any fees shown to you at checkout. Sellers are responsible for understanding and complying with their tax obligations.
Risk of Loss. Unless otherwise required by law, title and risk of loss generally pass from the seller to the buyer upon carrier acceptance.

7. Shipping & Delivery

Shipping labels and tracking may be generated through third-party services (e.g., Shippo). Tracking details are provided for convenience and are subject to carrier systems.
Sellers are responsible for shipping items promptly and in accordance with any timeframes or requirements shown in the app.
Delivery dates are estimates and are not guaranteed unless expressly stated.

8. Order Cancellations (Seller Only)

Eligibility. Only the seller may cancel an order, and only if the order is in the eligible pre-shipment state (e.g., order status “labeled” and shipment status “purchased,” not yet marked as “shipped” or delivered).
Refunds to Buyer. If the seller cancels an eligible order, the buyer’s payment will be refunded to the original payment method, and any credits used for the order will be restored to the buyer’s account.
Label Refunds. We may request a shipping label refund from the shipping provider. Label refunds are subject to carrier policies.
Timing. Cancellations and refunds are processed asynchronously and may take time to appear depending on payment networks and carriers.
No Post-Shipment Cancels. Once an order is marked shipped, cancellation may no longer be available. You may still use the dispute process where applicable (see Section 9).

9. Disputes, Returns & Refunds (Buyer-Initiated)

Buyers may open disputes for issues permitted by our policies (e.g., item not as described). We may request evidence (photos, messages, timestamps).
If a buyer dispute is accepted, shipping fees are nonrefundable and any approved refund will be issued as platform credits only, unless otherwise required by law.
We may deny disputes that lack evidence, fall outside policy, or indicate abuse/fraud.

10. Ratings & Reviews

You may be asked to rate your transaction partners. Ratings must be honest and based on your experience. We may remove content that violates these Terms (e.g., harassment, hate speech, personal data).

11. Intellectual Property; License to Your Content

You retain ownership of content you upload. You grant Swapila a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your content as necessary to operate and promote the Service.
The Service and all related intellectual property are owned by Swapila or our licensors. You may not copy, modify, or distribute the Service except as permitted by law.

12. Copyright & IP Complaints

If you believe content infringes your rights, contact support@swapila.com with details sufficient for us to identify the content and your ownership or authorization.

13. Third-Party Services & Links

Certain features rely on third-party services (e.g., payment processors and shipping carriers). Their terms and privacy policies govern your use of those services. We are not responsible for third-party acts or omissions.

14. Communications & Notifications

By using the Service, you consent to receiving transactional communications (e.g., order updates, messages). Push notifications can be managed in your device settings. We may also send service announcements and policy updates.

15. Suspension & Termination

We may suspend or terminate access to the Service at any time with or without notice, including for violations of these Terms, illegal activity, or to protect users or the Service.

16. Changes, Beta Features & Availability

We may add, remove, or modify features (including introducing beta or experimental functionality) at any time. We do not guarantee continuous availability of the Service.

17. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of certain warranties; to the extent prohibited by law, such disclaimers do not apply to you.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAPILA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNTS YOU PAID TO US (IF ANY) IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

19. Indemnification

You agree to defend, indemnify, and hold harmless Swapila and our affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to your use of the Service, your content, or your violation of these Terms or applicable law.

20. Governing Law & Venue

These Terms are governed by the laws of the United States and the Commonwealth of Massachusetts, without regard to conflict of laws principles. You agree to submit to the personal jurisdiction of state and federal courts located in Massachusetts for any dispute not subject to alternative dispute resolution.

21. Miscellaneous

Severability. If any provision is found unenforceable, the remaining provisions will remain in full force.
No Waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
Assignment. You may not assign your rights or obligations under these Terms without our consent. We may assign these Terms as permitted by law.

Contact Us

Questions about these Terms?

📧 support@swapila.com