Last Updated: May 20, 2026
We are A & I Incorporation, L.L.C., doing business as Swapsy ("Company," "we," "us," "our").
We operate the mobile application Swapsy (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Swapsy is a marketplace platform that allows users to buy, sell, transfer or trade existing reservations, appointments, classes, and bookings (each, a "Booking") that have been uploaded to the Services (each, a "Listing"). Swapsy is available as a free service with optional paid subscription tiers that unlock additional features and access.
You can contact us by email at support@get-swapsy.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and A & I Incorporation, L.L.C., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by support@get-swapsy.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Swapsy is a neutral online marketplace. We do not offer, arrange, promote, endorse, broker, or guarantee any Listing on the platform.
All Listings are submitted and managed by users. Swapsy does not verify, control, or arrange these Listings. We simply provide the technology and tools that allow users to interact, transact, and manage Listings with one another.
Swapsy is committed to connecting users in order to facilitate the direct exchange of Bookings between individuals. Swapsy is only responsible for connecting buyers and sellers and cannot and will not be responsible for making sure that Bookings are actually provided or are up to a certain standard of quality.
Sellers and Buyers are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Swapsy. You acknowledge that Swapsy does not supervise, direct, control or monitor Sellers or Buyers and expressly disclaims any responsibility and liability for the acts and omissions of Sellers or Buyers.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may use some of the Services without signing up for an account. However, with the exception of browsing Listings, in order to upload, sell, transfer, trade, or purchase a Listing, you must download the Swapsy App and register for an account (a "User Account"). To register for a User Account, you will be asked to supply certain information ("Registration Data"), including without limitation your name, contact information ("Personal Information") and credit card information (which includes a credit card number, expiration date, security code, and a billing address) ("Billing Information"). You agree that all Personal Information that you provide to Swapsy will be accurate, current and complete.
You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You may not transfer your account to anyone else without our prior written permission.
Swapsy provides a platform for users to negotiate the sale, purchase, transfer or trade of Listings (each, a "Transaction"). Users are classified as either a buyer (a "Buyer") or a seller (a "Seller") of Listings.
Sellers post a Listing to the Services at a price that does not exceed the value of the original Booking (see Anti-Scalping Policy below). A Buyer may then respond to the Listing and purchase the Listing through Swapsy's payment processor. As a marketplace, Swapsy does not own the Bookings or Listings sold on the platform.
Buyers are responsible for reviewing the complete Listing before making a commitment to purchase a Booking. When completing a Transaction, a Buyer is entering into a binding contract with the Seller to purchase the Booking. Additional terms communicated to the Buyer by the Seller may apply. Payment is remitted to Swapsy and disbursed to the Seller according to the "Listing Transaction and Payment" section below. All Sales are final unless otherwise specified. You cannot change or cancel any purchase after the sale is complete.
Payments received from Buyers for Bookings purchased via the Services are processed by Swapsy on behalf of the Seller and credited to the Seller. Seller appoints Swapsy as its limited payment collection agent solely for the purpose of accepting funds from Buyers on behalf of Seller. Seller agrees that any payment made by Buyer to Swapsy shall be considered the same as a payment made directly to Seller, and Seller will make the Booking available to Buyer in the agreed-upon manner as if Seller had received the payment directly from Buyer. Seller understands that Swapsy's obligation to pay Seller is subject to and conditional upon successful receipt of the associated payments from Buyer. Swapsy guarantees payments to Seller only for such amounts that have been successfully received by Swapsy from Buyer. In accepting appointment as the limited payment collection agent of Seller, Swapsy assumes no liability for any acts or omissions of the Seller.
Payments from Buyers are due and payable immediately. A Buyer can pay the full Transaction amount, which includes any applicable Service Fees and taxes, using one of the accepted payment methods. A Buyer's obligation to pay for a Listing is satisfied when Swapsy has received the Transaction payment in full.
All Swapsy-supported payment methods rely on third-party providers to process and pay out your Transactions ("Third-Party Payment Services"). The processing of payments will be subject to the terms, conditions and privacy policies of the Third-Party Payment Service in addition to these Terms. We are not responsible for errors made by the Third-Party Payment Service.
By submitting Personal Information, you grant Swapsy the right to provide such Personal Information to the Third-Party Payment Services for the purposes of facilitating the completion of a Transaction. You represent and warrant that you have the legal right to use any credit card or other payment mechanism used in any Transaction. Verification of any Personal Information or Billing Information may be required prior to the completion of any Transaction.
We accept the following forms of payment: Visa, Mastercard, American Express, Discover, Apple Pay, Google Pay. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in US dollars.
You agree to pay all charges incurred by you or any users of your User Account and credit card (or other payment mechanism) at the prices in effect when such charges are incurred, including any applicable service and processing charges (collectively referred to as "Service Fees"), which are subject to Swapsy's sole discretion and can be changed without notice. You will also be responsible for paying any applicable taxes relating to the Transaction. Any applicable Service Fees, including any taxes if applicable, will be disclosed to you prior to listing or buying a Booking. Swapsy may charge and/or retain Service Fees if you do not fulfill your contractual obligations under these Terms.
Swapsy earns a Service Fee of 10% of any Transaction for a Regular Listing. Any fees charged by Swapsy are solely for access to and use of the Swapsy platform. These fees are independent of the underlying Transaction between users.
Marketplace Service Fees apply to all Transactions, regardless of whether the user is a free-tier user or a paid subscriber. Subscription fees, if any, are separate from and in addition to marketplace Service Fees.
Swapsy reserves the right to hold payouts to Sellers for up to 180 days in cases of suspected fraud, abuse, or violations of platform standards. Account verification, fraud prevention measures, and compliance with platform rules may also affect payout timing.
We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments.
Swapsy offers a free tier that allows users to access core marketplace functionality. Swapsy also offers one or more paid subscription tiers (each, a "Premium Subscription") that unlock additional features, perks, and access ("Premium Features"). Premium Features include lower marketplace fees and access to premium alerts and availability. Users may use Swapsy without purchasing a Premium Subscription, but Premium Features are only available to active subscribers.
Premium Subscriptions are separate from and in addition to the marketplace Service Fees described in Section 8 above. Marketplace Service Fees apply to all Transactions regardless of subscription tier.
Your Premium Subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription. The length of your billing cycle is monthly.
By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
We may offer a free trial to new users who register for a Premium Subscription. The free trial period will last 14 days from the date you initiate the trial (the "Trial Period"). While you won't be charged for your free trial, you will be automatically upgraded to a paid Premium Subscription at the end of the Trial Period, at the then-current subscription rate, unless you cancel before the Trial Period ends. We will remind you that your Trial Period is about to end prior to your paid subscription starting. The reminder will also contain details of the price payable for the paid subscription.
You can cancel your Premium Subscription at any time through your account settings (or through the Google Play or Apple App Store settings, as relevant). Your cancellation will take effect at the end of the current paid term, and you will not be charged for any subsequent renewal periods.
If you terminate a Premium Subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period, except as required by applicable law or as expressly provided in these Terms.
IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE PREMIUM SUBSCRIPTION THROUGH THE GOOGLE PLAY OR APP STORE (AS RELEVANT) OR BY EMAILING SUPPORT@GET-SWAPSY.COM OR TERMINATE YOUR USER ACCOUNT BEFORE THE END OF THE RECURRING TERM.
You have the right to change your mind and cancel an annual Premium Subscription within 14 days from the date of your order confirmation. To exercise this right, contact us at support@get-swapsy.com or cancel through your account settings within the 14-day window. You cannot exercise this right after the subscription period has been completed (i.e., after a full year has passed for an annual subscription).
We may, from time to time, make changes to subscription fees and will communicate any price changes to you in accordance with applicable law. If you do not agree to a price change, you may cancel your subscription before the price change takes effect.
You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Premium Subscription under your billing account unless you have terminated your Premium Subscription as set forth above.
If you purchase a Premium Subscription through the Apple App Store or Google Play, your subscription is subject to the additional terms and conditions of the applicable App Store. Any refunds relating to subscriptions purchased through an App Store shall be handled solely by the applicable App Store in accordance with such App Store's terms and conditions.
Swapsy is not a scalping platform and will not tolerate the posting of any Listing that is posted at a higher price than the original purchase price of the underlying Booking.
All Listings must be posted at a price that is of equal or lesser value than the price originally paid by the Seller for the Booking. Only Bookings that are pre-paid, include a deposit, or are in a cancellation window with an associated cancellation fee may be listed for monetary value.
We will be monitoring Listings, and at any point during a Transaction we may require users to provide proof of purchase to ensure legitimacy. Swapsy reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to investigate any potential scalping attempts.
Any attempt to circumvent these Terms will be considered as scalping (a "Scalping Attempt"). Swapsy reserves the right to take down, at its sole discretion and without notice, any Listing which it believes to be a Scalping Attempt. Any Scalping Attempt may result in the automatic deletion, suspension or expulsion of the associated User Account.
Swapsy adheres to the rules of third-party booking platforms ("Third-Party Booking Platforms"). Although we aim to monitor Bookings to the best of our ability, you acknowledge that you are solely responsible for all posted Listings and that such Listings must comply with the rules of Third-Party Booking Platforms. You should review such Third-Party Booking Platforms' terms and conditions, privacy policy and all other relevant documents, and inform yourself of the regulations, policies and practices of such Third-Party Booking Platform.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Swapsy does not endorse, validate, or guarantee any:
We do not participate in or arrange Transactions between users. Users are solely responsible for negotiating, fulfilling, and managing their own Listings and Transactions.
Swapsy enables users to post and transact Listings. We are not a party to any Transaction between users. We do not buy, sell, arrange, or guarantee any Listing.
Payments and payouts may be processed through third-party providers (such as Stripe). Payouts are subject to account verification, fraud prevention measures, and compliance with platform rules, including those related to user trust and safety. To disincentivize bad actors, Swapsy reserves the right to hold payouts for up to 180 days in cases of suspected fraud, abuse, or violations of platform standards.
Any fees charged by Swapsy — such as posting fees, account verification fees, payout processing fees, or subscription fees — are solely for access to and use of the Swapsy platform. These fees are independent of the underlying Transactions between users.
We may request documentation (such as identification or tax information) to verify accounts. We reserve the right to delay or restrict payouts, suspend accounts, or take other actions in cases of suspected fraud or policy violations.
The Services may invite you to chat, contribute to, or participate in reviews, ratings, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites.
When you create or make available any Contributions, you represent and warrant that:
By posting your Contributions to any part of the Services, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.
The following Additional Terms apply to the App when downloaded from the Apple App Store:
The following Additional Terms apply to the App when downloaded from Google Play: These Terms are an agreement between you and Swapsy, and not with Google. Google is not responsible for the App and the content thereof. Google is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim. Google and Google's subsidiaries are third-party beneficiaries of these Terms, and, upon your acceptance, Google as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.
You agree that Swapsy shall have no liability for, and you hereby release Swapsy from any claims, damages, obligations, losses, liabilities, costs or expenses arising from, your use of any Third-Party Website. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.
Swapsy is an interactive computer service under Section 230 of the Communications Decency Act (47 U.S.C. § 230). We are not liable for user-submitted content or user conduct. We do not create, develop, or control user Listings, and we are not responsible for the legality, accuracy, or fulfillment of Listings or Transactions.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Legal Terms by reference. By using the Services, you agree to be bound by our Privacy Policy.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Termination of your account will also terminate any active Premium Subscription, without entitlement to a refund of any subscription fees already paid (except as required by applicable law).
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New Castle County, Delaware.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Specifically, Swapsy does NOT warrant, endorse, guarantee, or assume responsibility for:
Swapsy provides a platform for users to negotiate and complete Transactions for Bookings. Because Swapsy is not involved in the actual Transaction between users, Swapsy does not warrant, endorse, guarantee or assume responsibility for any experience or item advertised or offered through the Services. If a dispute arises between one or more users, each user releases Swapsy and its affiliates from 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.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
By opting into any text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. SMS messages may include: appointment reminders, marketing communications and account alerts. If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." Message and data rates may apply.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
A & I Incorporation, L.L.C.
Email: support@get-swapsy.com
Swapsy is a neutral platform hosting user-submitted Listings. We do not offer, arrange, promote, or guarantee any Listings. Users are responsible for their own Transactions and outcomes. Swapsy offers free access to core marketplace functionality, with optional paid Premium Subscriptions that unlock additional features. Marketplace Service Fees apply to all Transactions regardless of subscription tier.