Terms of Service

1. Acceptance of Terms

By accessing or using Swapstack (“the Platform”, “we”, “us”, or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, do not use the Platform. These Terms constitute a legally binding agreement between you and Swapstack.

2. Eligibility

You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you are 18 years of age or older, that you have the legal capacity to enter into these Terms, and that your use of the Platform does not violate any applicable law or regulation. We reserve the right to terminate accounts of users who misrepresent their age.

3. The Platform Is a Venue Only

Swapstack provides an online classifieds platform that enables users to post and browse listings for goods and services. We are not a party to any transaction between buyers and sellers. We do not transfer legal ownership of items, act as an agent or auctioneer, or guarantee the completion, legality, quality, safety, or accuracy of any listing or transaction.

All transactions are conducted solely between users. Swapstack has no control over and does not guarantee the existence, quality, safety, or legality of items advertised; the accuracy of listings; the ability of sellers to sell items; or the ability of buyers to pay for items.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at legal@swapstack.net of any unauthorized use of your account. We reserve the right to suspend or terminate any account at our sole discretion, with or without notice, for any reason including violation of these Terms.

5. User Content and Licence

You retain ownership of the content you post on the Platform (“User Content”), including listing descriptions, photos, and messages. By posting User Content, you grant Swapstack a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and otherwise exploit such content in any media or format, for any purpose including product improvement, marketing, research, analytics, and training of automated systems.

You represent and warrant that you own or have the necessary rights to grant this licence and that your User Content does not infringe any third-party rights.

6. Prohibited Conduct

You agree not to use the Platform to:

• Post items that are illegal to sell under applicable Canadian federal or provincial law, including but not limited to controlled substances, prohibited weapons, stolen goods, or counterfeit items.
• Engage in fraud, misrepresentation, or deceptive practices of any kind.
• Harass, threaten, or abuse other users.
• Post spam, unsolicited advertising, or listings unrelated to genuine goods or services.
• Scrape, crawl, or systematically extract data from the Platform without our written consent.
• Circumvent, disable, or interfere with security features of the Platform.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Post content that is defamatory, obscene, or violates any third-party intellectual property rights.

We reserve the right to remove any listing or content and to suspend or terminate any account that we determine, in our sole discretion, violates these prohibitions or is otherwise harmful to the Platform or its users.

7. Fees and Payments

Basic use of the Platform is free. Certain features, including listing boosts and Pro plan subscriptions, are available for a fee. All fees are charged in Canadian dollars unless otherwise stated and are non-refundable except as required by applicable law. Payments are processed by Stripe, Inc. and are subject to Stripe’s terms of service. We are not responsible for any errors or issues arising from payment processing.

8. Disclaimer of Warranties

The platform 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, title, and non-infringement. We do not warrant that the platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the platform.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Swapstack and its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of goodwill, personal injury, or property damage, arising out of or in connection with your use of or inability to use the platform, any transactions conducted through the platform, any content posted on the platform, or any other matter relating to the platform, even if advised of the possibility of such damages.

In no event shall Swapstack’s total cumulative liability to you for all claims arising out of or relating to these terms or the platform exceed the greater of (a) the total fees paid by you to Swapstack in the twelve months preceding the claim or (b) one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. To the extent such exclusions or limitations are prohibited, they shall apply to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Swapstack and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) any transaction between you and another user.

11. Third-Party Services

The Platform integrates third-party services including Clerk (authentication), Stripe (payments), Cloudflare (file storage), and Resend (email delivery). Your use of these services is subject to their respective terms of service and privacy policies. Swapstack is not responsible for the practices or content of any third-party services.

12. Intellectual Property

The Platform, including its design, software, trademarks, and content created by Swapstack, is owned by or licensed to Swapstack and is protected by Canadian and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform or its proprietary content without our express written permission.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in British Columbia, Canada for the resolution of any dispute arising out of or relating to these Terms or the Platform.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the effective date at the top of this page. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

15. Contact

Questions about these Terms should be directed to legal@swapstack.net.