SWAP Student Marketplace User and Licensing Agreement

Effective Date: 11/13/2024

Last Updated: 11/13/2024

1. Acceptance of Terms

By accessing and using the SWAP Student Marketplace platform, including the website, mobile application, and associated services (collectively referred to as the "Platform"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a binding agreement between you and SWAP Student Marketplace ("SWAP," "we," or "us"). If you disagree with any part of these Terms, you must not use the Platform.

2. Eligibility

• Age Requirement: You must be at least 16 years of age to use the Platform. If you are under 18, you may only use the Platform under the supervision of a parent or legal guardian who agrees to these Terms.
• Student Verification: To ensure a trusted environment, you are required to provide a valid .edu email for verification purposes. SWAP may restrict access or terminate accounts that fail to meet verification requirements.
• Account Authority: If you create an account on behalf of an entity or organization, you represent and warrant that you have the authority to act on behalf of that entity, and your acceptance of these Terms constitutes the entity's acceptance as well.

3. Account Registration and Security

• Accurate Information: Users must provide accurate, current, and complete information during registration and keep account information up-to-date. Falsifying or misrepresenting account information is prohibited.
• Account Security: You are solely responsible for safeguarding your account credentials. SWAP is not liable for unauthorized access to your account resulting from your failure to secure your credentials. You must notify us immediately if you suspect any unauthorized access.

4. License to Use the Platform

• Limited License: SWAP grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes, strictly in accordance with these Terms.
• Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Platform. Reverse-engineering or attempting to extract source code from the Platform is prohibited.

5. Content and Intellectual Property Rights

• User-Generated Content: By posting, sharing, or uploading any content to the Platform, you grant SWAP a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, reproduce, and display such content. You represent that you have the right to grant this license.
• Content Standards: You may not upload content that is illegal, harmful, defamatory, or otherwise violates these Terms. SWAP reserves the right to remove any content that breaches these standards.

6. Platform Fees and Payment Terms

• Subscription Plans: SWAP offers tiered subscription plans for access to additional features and benefits. These plans renew automatically unless canceled by the user before the renewal date.
• Transaction Fees: Certain transactions may incur fees, which will be disclosed before completion. By completing a transaction, you agree to pay any applicable fees and authorize SWAP to charge your payment method.
• Non-Refundable: All fees paid to SWAP are non-refundable unless explicitly stated otherwise.

7. Prohibited Conduct

• Prohibited Activities: Users are strictly prohibited from:
  • Engaging in fraudulent, deceptive, or illegal transactions.
  • Harassing, stalking, or threatening other users.
  • Uploading malicious content or attempting to gain unauthorized access to SWAP's systems.
  • Bypassing security measures or manipulating the Platform's functionality.
• Consequences of Violation: Violating these Terms may result in suspension, termination, or legal action. SWAP reserves the right to investigate and prosecute any suspected violation.

8. Transactions and User Responsibilities

• User Responsibility: Transactions on SWAP are conducted between users. SWAP is not responsible for any disputes arising from these transactions, including payment issues, delivery failures, or item quality discrepancies.
• In-Person Transactions: Users are encouraged to exercise caution when meeting in person and should use well-lit, public locations for such transactions. SWAP disclaims any responsibility for interactions between users.

9. Dispute Resolution and Limitation of Liability

• Arbitration Clause: Any disputes arising out of or related to these Terms or the Platform will be resolved by binding arbitration under [insert governing arbitration body] rules.
• Limitation of Liability: SWAP's liability for any claims arising from your use of the Platform is limited to $100 or the total amount you paid to SWAP in the last 12 months.
• Governing Law: This Agreement is governed by the laws of Illinois, and all disputes will be resolved in Illinois courts unless subject to arbitration.

10. Modifications to the Terms

SWAP reserves the right to modify these Terms at any time. Updated Terms will be posted on the Platform with the "Last Updated" date. Your continued use of the Platform constitutes acceptance of the modified Terms.