Terms and Conditions

1. Introduction and Acceptance

Welcome to Swappair ("we," "our," or "the Platform"). By creating an account, accessing, or using our services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you may not use the Platform.

2. The Service: A B2B Facilitator

Swappair is a business-to-business (B2B) venue designed to introduce e-commerce sellers for the purpose of swapping inventory and supplies.

• Facilitator Role: Swappair is strictly a facilitator. We are not a party to any swap, trade, or transaction between users. We do not buy, sell, or take legal ownership of items listed on the Platform.
• No Affiliation: Swappair is an independent platform. We are not affiliated with, endorsed by, or partnered with any third-party marketplace (such as Etsy, eBay, or others) from which you may import your data.

3. Fees and Future Commissions

Currently, the Swappair service is provided free of charge. However, Swappair reserves the right to introduce service fees, premium memberships, transaction commissions, or other charges at any time.

• Notice: Any new fees will be posted on the Site prior to taking effect.
• Acceptance: Your continued use of the Platform after such notice constitutes your agreement to pay any applicable fees.

4. Account Eligibility and Verification

To use Swappair, you must be at least 18 years old and the legitimate owner of an active online shop.

• Verification: You agree to verify your shop ownership via our designated verification process (e.g., placing a temporary code in your shop announcement).
• Accuracy: You warrant that all information provided during onboarding is accurate. Falsifying ownership data will result in immediate account termination.

5. User Representations and Third-Party Platforms

By linking your store (e.g., Etsy, eBay, Amazon) to Swappair:

• Legal Right: You represent and warrant that you have the legal right to share your shop data with Swappair.
• Platform Compliance: You warrant that linking your shop does not violate the terms of service of the respective third-party platform.
• Indemnification: You agree to indemnify and hold harmless Swappair from any claims, damages, or losses arising from violations of third-party platform terms.

6. Listing and Content License

• License Grant: By signing up and syncing your shop, you grant Swappair a non-exclusive, worldwide, royalty-free, sublicensable license to access, display, and use your public shop data (including product titles, descriptions, and images) for the purpose of operating the Platform and creating your user profile.
• Prohibited Items: You may not list or offer items that are illegal, dangerous, or prohibited by the terms of service of the third-party marketplace where your shop is hosted.
• Digital Goods: Digital products (e.g., patterns, files, printables) are permitted. However, the swapping of digital goods is subject to the same "Proof of Delivery" requirements as physical goods.

7. The Swapping Process

Swappair provides the venue, but you define the value.

• Subjective Value: We do not publish item prices or enforce value equivalence. It is your sole responsibility to review the other party's offer and decide if the trade is fair before accepting. Swappair does not police "fairness" or value disparities.
• Binding Agreement: Once both parties accept a swap proposal, a binding agreement is formed between you and the other user.

8. Shipping and Fulfillment

To ensure community safety, all physical trades must adhere to the following protocol:

• The "Ready to Ship" Rule: You agree NOT to ship any item until the system notifies you that both parties have marked themselves as "Ready."
• Mandatory Tracking: Valid tracking numbers are mandatory for all physical shipments. You must provide the tracking number within the platform to mark a transaction as complete.
• Shipping Costs: Unless mutually agreed otherwise, you are responsible for the shipping costs of the item you are sending.
• Risk of Loss: All swaps are conducted at your own risk. Swappair does not offer insurance, reimbursement, or compensation for lost, damaged, or undelivered items.

9. Disputes and Release

• User Resolution: Because Swappair is not a party to the swap, you agree to resolve disputes directly with the other user. Swappair has no obligation to mediate, arbitrate, or resolve any disputes between users.
• Irrevocable Release: In the event of a dispute with another user, you hereby irrevocably release Swappair (and our officers, directors, agents, employees, and affiliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• No Warranty: 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, or non-infringement.
• Exclusion of Damages: Swappair and its owners shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, damaged goods, failed deliveries, or emotional distress.
• Liability Cap: In no event shall Swappair's total aggregate liability for any and all claims arising from your use of the Platform exceed 50 USD (or the equivalent in your local currency).

11. Class Action Waiver

You agree to resolve any disputes with Swappair on an individual basis only. You expressly waive any right to participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding against Swappair.

12. Termination

We reserve the right to suspend or terminate your access to Swappair at our sole discretion, without notice, for conduct that we believe violates these Terms, is harmful to other users, or for any other reason.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the competent courts of the Tel Aviv-Jaffa District, and you hereby consent to the personal jurisdiction of such courts.

14. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms constitute the entire agreement between you and Swappair regarding your use of the Platform and supersede all prior agreements and understandings.