SWAPD is a community marketplace for intangible items such as websites, domains, social media, and influence. In this document, we will refer to SWAPD.co as “SWAPD,” “service,” “site,” “forum,” “marketplace,” and collectively as “we” or “us.” This document outlines the terms and conditions (the “Terms”) governing the use of our website, mobile app, and all associated services, including but not limited to our forum software, support forums, and hosting services.
Ownership and Operation: Our platform is operated by a legally registered entity within the European Union, based in Poland.
Acceptance of Terms: By accessing or utilizing any part of the SWAPD website or mobile application, you acknowledge and agree to comply with these Terms. If you do not agree to these Terms, you must not access or use our services. These Terms constitute a binding agreement between you and SWAPD, and are applicable to all users of the website and mobile application, particularly those who are 18 years of age or older.
Creating an Account: When you create an account on SWAPD, you are responsible for maintaining its security. You are also fully responsible for all activities that occur under your account.
Reporting Security Breaches: If your account is compromised or you notice unauthorized activities, you must immediately inform SWAPD staff. SWAPD is not liable for any damages or losses resulting from your actions or failures to act.
Account Limitations: Each member is allowed only one account on SWAPD. Duplicate accounts will be removed, and the original account may be suspended.
Badge System: SWAPD uses badges to encourage positive behavior and facilitate learning. Badges are either:
- Manually awarded by an administrator.
- Automatically granted by the system.
Safety Concern Group: Members deemed suspicious may receive a ‘Safety Concern’ badge, which will be displayed next to their avatar. For more details on this badge, click here.
Eligibility and Features: The SWAPD Premium Membership is a paid feature available to members with a trust level of two or higher. For a full list of features, click here.
Non-transferable Membership: Premium Memberships cannot be transferred or assigned to others.
Refund Policy and Disputes: Refund requests that are rightfully denied according to these Terms, and subsequent claims against SWAPD, will result in SWAPD recovering all associated costs, including legal fees.
No Warranty: SWAPD provides no warranty for information, services, or products associated with Premium Memberships.
Confidentiality Obligation: Members must not disclose any information from our service, including links, prices, or screenshots, without written permission from SWAPD. Violation may lead to immediate cancellation of membership without a refund.
Access Limitations: To prevent shared use, SWAPD may limit access to a specific number of devices or simultaneous logins. Members are responsible for managing their logins across multiple devices.
Revocation of Membership: Premium Memberships can be revoked at any time for violations of our Terms of Service.
When you post content on the SWAPD website or mobile application, including text, graphics, audio files, or software, you are solely responsible for it. This responsibility extends to any harm that may arise from your content. By posting, you confirm that:
- Intellectual Property Respect: Your content doesn’t infringe on any third party’s intellectual property rights (like copyright, patent, trademark, or trade secret rights).
- Employer Permission: If your employer holds rights to intellectual property you create, you’ve obtained either permission to post it or a waiver of rights from your employer.
- License Compliance: You’ve adhered to any third-party licenses related to your content, ensuring all necessary terms are passed on to end users.
- No Harmful Elements: Your content doesn’t contain harmful elements like viruses, worms, malware, or Trojan horses.
- No Spam or Deceptive Practices: Your content isn’t spam, machine-generated, or designed to mislead others. It doesn’t include unethical content aimed at driving traffic to external sites or boosting search engine rankings.
- Appropriate Content: Your content isn’t pornographic, threatening, violence-inciting, or violating anyone’s privacy or publicity rights.
- No Misleading Names: You don’t mislead others into thinking you’re someone else or represent another company.
- Accurate Description of Computer Code: If your content includes computer code, you’ve accurately described its type, nature, uses, and effects.
- Respect Privacy: Never share personal information of any member in public discussions.
- Adhere to Category Rules: Follow the specific rules of each posting category and consult the website administrator if in doubt.
Members must not:
- Manipulate Trust Levels: Don’t engage in actions to artificially increase trust levels.
- Solicit Personal Contact Details: Avoid asking for personal contact details like phone, email, or Skype.
- Make Private Offers: Don’t use personal channels for sales or purchases. Use the appropriate public category for such transactions.
- Conduct Independent Escrow Services: Members are not allowed to offer or act as middlemen in transactions.
- SWAPD as Escrow Service: SWAPD acts as a direct escrow service provider.
- Transaction Agreement: Engaging in a transaction (Checkout Ticket) requires agreeing to our Transaction Contract and specific terms set within each transaction.
- Legally Binding Contracts: Each Checkout Ticket is a legally binding agreement between buyer and seller.
- Prohibited items that cannot be listed/sold on SWAPD: Click here to view the list.
- Transaction Method: All transactions must be conducted via the SWAPD checkout page unless specified otherwise in category rules.
- Service Fees: Our service fees range from 2-11%. See our Fee Chart for details.
- Fee Responsibility: The seller is responsible for all money transfer fees unless stated otherwise in the transaction terms.
- Seller Guidelines: Sellers must adhere to our Seller Responsibilities.
- Buyer Guidelines: Buyers must follow our Buyer Responsibilities.
- Mandatory Grace Period: Buyers have a 24-hour period post-transaction to confirm if the items/services match the description and terms. Failure to report issues within this period will lead to transaction finalization. More info here.
- Circumvention of Fees: Avoiding SWAPD service fees, including sharing contact information to transact outside our platform, will result in account termination.
- Verification Process: Identity verification may be required, involving ID submission, SMS, phone calls, and social network profile checks.
- Privacy and ID Handling: Uploaded IDs are removed from our servers within seven business days but kept on a secure offline hard drive for dispute resolution and fraud prevention purposes.
- Property Rights Transfer: Sellers must transfer all rights of the sold property to an official SWAPD staff member before payment release.
- Variable Transaction Timing: Transaction duration varies based on factors like workload, audit length, response times, and payment methods. Typically, transactions last 1-3 business days but may extend due to unforeseen circumstances.
- Admin Authority: Only SWAPD admins are authorized to conduct transactions. Current admin list here.
- Staff Participation: SWAPD staff can buy/sell on the website but cannot resell properties acquired through SWAPD.
- Seller Tax Responsibility: Sellers are responsible for complying with local/state VAT/TAX regulations and issuing invoices to buyers. For more info, click here.
- Tax and Legal Advice Disclaimer: SWAPD cannot provide tax or legal advice. Consult a tax advisor for VAT/TAX invoice requirements.
- Third-Party Payment Services: SWAPD utilizes third-party payment processors to accept and hold user funds. This approach exempts SWAPD from requiring a money transmitter license.
- Liability Disclaimer for Third-Party Actions: SWAPD is not responsible for any actions or decisions made by these third-party payment processors regarding the handling, management, or storage of user funds.
Prohibited Transactions from Specific Countries and Territories: SWAPD cannot receive money in any currency from the following countries and territories due to various regulatory and compliance reasons:
- Central African Republic
- Cayman Islands
- Democratic Republic of the Congo
- Republic of the Congo
- North Korea
- Russian Federation
- South Sudan
- Trinidad and Tobago
Users are advised to ensure that their transactions do not involve funds from these locations to comply with our operational policies and legal obligations.
Third-Party Processing by VEYYO Sp. z o.o.: All financial transactions on SWAPD, including transfers, invoicing, and payment processing, will be managed and facilitated by VEYYO Sp. z o.o., a third-party company. This includes but is not limited to the acceptance of payments, holding of funds, and issuance of invoices.
Role of VEYYO Sp. z o.o.: VEYYO Sp. z o.o. is responsible for ensuring the smooth processing of financial transactions on the SWAPD platform. Their role is crucial in maintaining compliance with financial regulations and providing a secure and efficient transaction environment for our users.
Acknowledgement and Consent: By engaging in transactions on SWAPD, users acknowledge and consent to VEYYO Sp. z o.o.'s involvement in the processing of all financial aspects of their transactions. Users agree to adhere to the terms and conditions set forth by VEYYO Sp. z o.o. for the processing of their transactions.
- Auction Guidelines: For details on auction rules and the general code of conduct, please refer to our Auctions Rules.
- Varied Payment Methods: Payment methods and limits depend on the transaction’s specifics, including transaction amount, trust levels, risk factors, and user preferences.
- Bank Wire: 10 000 USD limit.
- Cryptocurrencies: USDT and USDC, offered in TRC20 and ERC20 tokens.
- Credit cards: 1000-2000 USD limit, depending on user trust level.
- Fee Structure: For a detailed breakdown of our fees, visit SWAPD Fees Explained.
- Definition of Spam: Unsolicited, bulk, or indiscriminate electronic messages, often for commercial purposes.
- Prohibited Activities: Includes affiliate promotions, excessive product placements, data mining, malware, adware, phishing, content lockers, video streams, pharmaceutical and adult content (unless approved), and hateful or racist content.
- Compliance Monitoring: We actively monitor and ban members violating this policy.
- Content Guidelines for Owners: We encourage relevant content creation and meaningful engagement to maintain a positive environment.
- No Endorsement of Posted Material: SWAPD does not endorse or guarantee the accuracy or harmlessness of material posted on the Website.
- Visitor Precautions: Visitors are responsible for protecting themselves from harmful or destructive content.
- Content Disclaimer: The Website may include offensive, inaccurate, or infringing material. SWAPD disclaims responsibility for any harm resulting from the use of the Website or the content downloaded from it.
- Non-Endorsement of External Content: SWAPD does not endorse, and is not responsible for, the content of external sites linked to or from SWAPD.
- User Responsibility: Users should take necessary precautions against harmful content like viruses and malware when accessing non-SWAPD websites.
- Disclaimer of Liability: SWAPD disclaims any responsibility for harm resulting from your use of external websites and pages.
- DMCA Compliance: If you believe SWAPD hosts content that infringes your copyright, particularly for sites within the USA, you are encouraged to inform SWAPD in line with our DMCA Policy.
- Response to Infringement Notices: SWAPD will act on such notices by removing infringing content or disabling links to it.
- Policy on Repeat Infringement: Repeat infringers may have their access to the Website terminated. In such cases, SWAPD is not obligated to refund any payments made.
- No Transfer of Intellectual Property Rights: This Agreement does not grant you any rights to SWAPD or third-party intellectual property.
- Ownership and Use of Trademarks: Trademarks and logos related to SWAPD and its services are the property of SWAPD or its licensors. Using the Website does not grant you the right to use any SWAPD or third-party trademarks.
- Advertisement Display Rights: SWAPD reserves the right to display advertisements on your content and throughout the Website.
- Finality of Sales: All sales on SWAPD are final. SWAPD is not responsible for issues occurring after a transaction’s completion.
- Non-Covered Situations: The following are not covered by our warranty:
- Deleted, banned, or unpublished social profiles.
- Recovered profiles/domains.
- Hacked properties.
- Corrupt data.
- Negative outcomes from services rendered.
- Malicious actions of buyers or sellers.
- Risk Acknowledgement: Buyers assume all risks once a transaction is completed, as SWAPD only offers middleman services to facilitate safe transactions.
- Eligibility: Participants must have a fully verified and active SWAPD account, pass security screening, and may need to provide tax information.
- Commission Rates: Commissions range from 20-30% of the SWAPD fee on eligible transactions. Rates are subject to change without notice.
- Earnings Criteria: Applies only to transactions involving social media items/services, and both parties invited by the same or different members.
- Minimum Transaction Value: Only transactions of $250 or higher qualify for earnings.
- Payout Conditions: Payouts are made in USD via cryptocurrency, 48 hours after the last sale/purchase. The minimum payout amount is $50.
- Account Status: Earnings from transactions involving suspended accounts are forfeited.
- Rounding Policy: Commission amounts are rounded to the nearest dollar.
- Payout Timeline: Payments are issued within seven days of a payout request.
- Earnings Adjustments: SWAPD reserves the right to modify any transaction in the Earnings Feed.
- Website Promotion: Referral websites must comply with legal standards, avoid deceptive advertising, and maintain customer-friendly navigation.
- Ineligible Websites: Sites with non-compliant or inappropriate content will disqualify users from the program, forfeiting all commissions.
- Manual Invitations: Deceptive practices in inviting users will result in penalties, including account risk, forfeiture of earnings, and exclusion from the referral program.
- Program Discretion and Termination: SWAPD reserves the right to refuse or terminate program participation and may discontinue the referral program at any time without prior notice.
- Modification Rights: SWAPD reserves the right to modify this Agreement at its discretion.
- User Responsibility: Regularly review this Agreement for changes.
- Acceptance of Changes: Continued use of the Website after changes signifies your acceptance of the revised Agreement.
- New Services and Features: Future services and features offered through the Website will be governed by this Agreement.
- SWAPD’s Right to Terminate: SWAPD may terminate your access to the Website at any time, with or without cause or notice.
- User Initiated Termination: To terminate your agreement with SWAPD, simply discontinue using the Website.
- Survival of Provisions: Certain provisions will survive termination, including ownership, warranty disclaimers, indemnity, and limitations of liability.
- “As Is” Basis: The Website is provided “as is” without any warranties, either express or implied.
- Disclaimer of Certain Warranties: SWAPD and its suppliers and licensors disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
- No Warranty of Uninterrupted Use: There’s no guarantee that the Website will be error-free or that access to it will be continuous.
- Scope of Liability: SWAPD’s liability is limited under various legal theories, including contract, negligence, and others.
- Exclusions from Liability: SWAPD is not liable for special, incidental, consequential damages, or data loss/corruption.
- Exemption for Uncontrollable Circumstances: SWAPD is not liable for failures or delays outside of their reasonable control.
- Intellectual Property Compliance: Ensure that your use of the Website does not infringe on any third party’s intellectual property rights.
- Indemnification Commitment: You agree to indemnify and hold harmless SWAPD, its contractors, staff, licensors, and their respective directors, officers, employees, and agents from claims and expenses, including attorneys’ fees, arising from your use of the Website or your violation of this Agreement.
Clause Regarding Third-Party Payment Processor Asset Freezes
Liability for Third-Party Payment Processor Actions
In the course of conducting transactions through SWAPD, members may utilize various third-party payment processors for the facilitation of funds transfer. It is hereby explicitly stated and agreed upon by all members utilizing SWAPD services that:
Absence of Liability for Asset Freezes: In the event of an asset freeze by a third-party payment processor, including but not limited to the freezing of member deposits, neither SWAPD nor its affiliates shall be held liable or responsible for such actions. Asset freezes may occur due to regulatory actions, legal disputes, operational issues of the third-party processor, or other unforeseen circumstances beyond the control of SWAPD.
Commitment to Recovery Efforts: Should such an asset freeze occur, SWAPD commits to undertake all legally permissible efforts to recover the affected funds. This commitment is in line with our dedication to providing a secure and reliable platform for our members. However, it is acknowledged and understood by all members that these recovery efforts may be subject to legal and procedural constraints.
Potential Delays in Refunds/Payouts: Members acknowledge that in the occurrence of an asset freeze involving a third-party payment processor, any associated refunds or payouts from SWAPD may face significant delays. This delay is a direct consequence of the time and processes involved in legally contesting the asset freeze and attempting to secure the release of frozen funds.
Agreement to Terms: By continuing to utilize the services of SWAPD, all members hereby agree to the terms outlined in this clause. Members understand that their use of SWAPD services under these terms is a voluntary act and an acceptance of the risk associated with the use of third-party payment processors in the course of their transactions on SWAPD.
Indemnification: Members agree to indemnify and hold harmless SWAPD and its affiliates from any claims, damages, losses, or legal actions arising from asset freezes by third-party payment processors. This indemnification extends to any consequences arising directly or indirectly from such asset freezes, including but not limited to delayed refunds or payouts.
This clause forms an integral part of the Terms of Service of SWAPD and is binding on all members from the date of their agreement to these terms, as evidenced by their continued use of the platform.
- Exclusion of Liability for Deposited Funds: SWAPD is not responsible for issues with deposited funds due to failures of third-party payment services or cryptocurrency fluctuations.
- Examples of Service Failures: This includes hacking, DDoS attacks, account limitations, bankruptcy, negligence, bank liquidation, or significant crypto value changes.
- Scope of Rule: This applies to circumstances beyond the control of SWAPD.
- Entire Agreement: This Agreement represents the full understanding between you and SWAPD regarding its subject matter.
- Modification Process: Modifications can be made through a written amendment signed by an authorized SWAPD executive or by posting a revised version on the Website.
- Governing Law: The Agreement is governed by the laws of the European Union (Poland).
- Severability and Waiver: Invalid or unenforceable parts will be adapted to reflect the original intent, while the rest of the Agreement remains in effect. A waiver of any term does not waive it for future instances.
- Assignment of Rights: You can assign your rights under this Agreement if the assignee agrees to its terms. SWAPD may assign its rights without condition.
- Binding Effect: This Agreement is binding and benefits both parties, their successors, and permitted assigns.