Terms of Service

1. Agreement

These Terms are an agreement between you and Swop Technologies Inc. (“Swop”, “we”, “us”), which operates the Swop app at swopme.app, the Swop mobile apps, and the swopme.co website. By creating an account or using Swop you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service. You must be at least 18 years old (or the age of majority where you live, if higher) to use Swop. If you use Swop on behalf of a business, you agree to these Terms for that business and confirm that you are authorized to do so.

2. Self-custody

Swop is a self-custody platform. Your Swop wallets are embedded wallets provided through our wallet-infrastructure provider, Privy; Swop does not hold your private keys and cannot recover them, and transactions from your wallets require your authorization. If you choose to grant Swop a delegated signing permission (for example, to let an agent, automation, or AI feature act for you), Swop can sign the transactions that permission allows until you revoke it; you are responsible for what you authorize. Blockchain transactions are irreversible — verify everything before you sign. You are responsible for the security of your devices and authentication methods. Two kinds of checkout payment are exceptions to self-custody and pass through an account Swop controls before reaching the seller: card payments, which settle through Swop’s payment processor (section 5), and crypto checkout payments that settle through Swop’s settlement wallet (section 4).

3. Your content and conduct

You own what you publish on your SmartSite and are responsible for it. You may not use Swop for anything unlawful, deceptive, or infringing; to distribute malware; to harass others; or to evade sanctions or financial-crime laws. We may remove content or suspend accounts that violate these Terms.

You also agree to follow our Community Guidelines, which describe the content and behavior that are not allowed on Swop, how to report or block someone, and how we enforce them.

4. Payments, sales, and bookings

When you sell products, accept payments, or take bookings through Swop, the sale itself is between you and your buyer or visitor; you are responsible for delivering what you offer and for applicable taxes. Third-party services you connect (such as Google Calendar) are governed by their own terms.

The price is the price. A buyer pays exactly the amount the seller entered, whether the buyer pays by card or in crypto. Tax, where it applies, is the only thing ever added on top. Swop’s fee is deducted from the seller’s proceeds, not added to the buyer’s total. Checkout links created before September 10, 2026 kept the older arrangement, in which the fee was added to the buyer’s total; those links show the fee to the buyer before payment.

Crypto checkout pays the seller in USDC on the chain the buyer pays from. Depending on how the buyer pays, the payment is either sent directly to the seller’s wallet or received into a settlement wallet controlled by Swop, converted to USDC where needed, and then forwarded to the seller’s wallet, normally within minutes. Some marketplace orders instead hold the payment in the settlement wallet until the buyer confirms receipt or the release period in section 11 ends. Swop cannot reverse a crypto payment once it is confirmed on-chain; a crypto purchase can be refunded only by a new payment, made by the seller or, under section 11, from a payment Swop still holds. Sellers accepting crypto are not identity-verified, and Swop makes no representation that they are.

5. Card payments

Card payments are being introduced gradually and are not yet available to every seller. Where Swop has enabled them for a seller, the seller can accept card payments as well as crypto. A single checkout link may offer both, in which case the buyer chooses at checkout and the price is the same either way. Card payments are processed by Stripe and work as follows.

• Who charges the card. Swop is the settlement merchant for card charges: the card is charged by Swop through Stripe, the charge may appear on the buyer’s statement under Swop’s name rather than the seller’s, and Swop then pays the seller. The goods or services themselves are still supplied by the seller, and the seller is responsible for describing them accurately and delivering them.
• Card details. Card details are entered into Stripe’s own form or payment sheet. Swop never receives or stores them.
• Refunds. A card payment can be refunded to the original card, in whole or in part, by the seller through Swop. Buyers should ask the seller first, and can use the dispute process in section 11. A refund can only go back to the card that was charged.
• Disputes and chargebacks. A buyer who cannot resolve a card purchase with the seller may dispute the charge with their card issuer. Because Swop is the settlement merchant, the dispute comes to Swop, and Swop bears the loss if the dispute is decided against the seller and the amount cannot be recovered from them. Sellers must provide, promptly and on request, the evidence needed to respond to a dispute, and are liable to Swop for chargebacks, refunds, and related costs on their sales. Swop may recover those amounts from a seller’s pending or future proceeds.
• Payouts. Card proceeds are paid to the bank account or eligible debit card the seller registers with Stripe, on the payout schedule Stripe applies to that account. New seller accounts are set up with weekly payouts and a seven-day delay, so the first payment takes longer to arrive than later ones. Card proceeds are never paid into a Swop wallet.
• Verification and the seller agreement. A seller must complete Stripe’s identity verification and accept the Seller Agreement for Card Payments before accepting card payments, and by doing so agrees to Stripe’s Connected Account Agreement. These requirements, and the related sanctions and anti-money-laundering checks, apply to the card rail only; selling for crypto on Swop does not require verification or that agreement.
• Limits. When enabled, card payments are initially limited to sellers based in the United States, for physical goods and services, up to $1,000 per purchase and $5,000 per seller in any rolling 24 hours. We may change these limits.

6. Digital assets

Digital assets, including stablecoins, are volatile and may lose some or all of their value; a stablecoin can lose its peg. Blockchain transactions are irreversible, and smart contracts, bridges, swap routers, and other third-party protocols may contain bugs, be exploited, or behave unexpectedly. Nothing on Swop is investment, financial, legal, or tax advice, or a recommendation to buy, sell, or hold any asset, including output from Swop’s AI features, which can be wrong.

Prediction markets and perpetuals. Prediction-market and perpetual-futures features route your orders to third-party venues (such as Polymarket and Hyperliquid) that Swop does not operate; those venues’ own terms and rules apply. Prediction-market positions can expire worthless, and you can lose your entire stake. Leveraged positions can be liquidated and you can lose more quickly than you expect. Prices shown in Swop may differ from the price at which an order fills. Prediction-market collateral is pUSD. You are responsible for deciding whether these products are appropriate for you and lawful where you are.

Features that rely on third-party networks, venues, and providers may be unavailable, delayed, or changed, and Swop is not responsible for their acts or failures.

7. Intellectual property

Swop, its logo, and the service’s software and design are our property. We grant you a limited, revocable, non-transferable license to use the service. Feedback you send us may be used without obligation.

8. Disclaimers and liability

The service is provided “as is” without warranties of any kind. To the maximum extent permitted by law, Swop is not liable for indirect, incidental, special, or consequential damages, or for loss of funds, profits, or data arising from your use of the service, and our total liability is limited to the greater of $100 or the amounts you paid us in the twelve months before the claim. Nothing in these Terms limits liability that cannot lawfully be limited.

9. Indemnity

You will indemnify Swop against claims, losses, and costs (including reasonable legal fees) brought by third parties and arising from your content, your sales, your breach of these Terms, or your breach of law.

10. Suspension and termination

You can stop using Swop and delete your account at any time. We may restrict, suspend, or terminate your access to some or all features, including agent, automation, and payment features, for violations of these Terms, suspected fraud or abuse, security risks, or to comply with law; where we can lawfully do so, we will tell you why. Self-custodied assets remain yours regardless, and you can still access them through your wallet provider. Sections that by their nature should survive termination (including sections 5, 8, 9, 11, and 12) survive it.

11. Disputes between buyers and sellers

If something goes wrong with an order bought through Swop — for example, it did not arrive, arrived damaged, or was not as described — the buyer should contact the seller first. If that does not resolve it, Swop offers the following platform dispute process.

• (a) Opening a dispute. A buyer can open a dispute on a paid order that has not been refunded or cancelled, from the order page in their Swop account, describing the problem and attaching evidence such as photos or messages. A buyer who checked out as a guest, or who otherwise does not use their Swop account, can do the same from the secure order link in their order confirmation email, which shows the order and receipt, its status, and any dispute on it; the link is valid for 90 days from the order. If you lose the link, you can have it re-sent to the email address on the order at swopme.app/guest-order. Guest disputes follow the same windows and process as disputes opened from an account. If you can no longer access the email address on the order, email support@swopme.co with the order number and we will help you open the dispute. Only one dispute can be open on an order at a time.
• (b) When to open one. Open a dispute as soon as you know there is a problem. Where Swop holds the payment until delivery, it is released to the seller when the buyer confirms receipt or, if the buyer does not, 30 days after the seller marks the order delivered. Opening a dispute before then pauses the release until the dispute is decided. Once a payment has been released, Swop can no longer refund the buyer from it, so a later dispute may only be able to result in a decision that the seller must act on.
• (c) The seller’s response. We notify the seller, who can respond with their own evidence, challenge the dispute, or offer a resolution such as a refund or replacement. We aim to give the seller at least five business days to respond before we decide, and we may decide sooner if the seller does not engage or the evidence is clear.
• (d) Swop’s decision. If the buyer and seller do not settle it, Swop’s resolution team decides the dispute on the evidence. The possible outcomes are a full refund, a partial refund, a replacement, release of the payment to the seller, or no action. Swop may use automated and AI-assisted tools to organize and review the evidence and to recommend an outcome, but a member of Swop’s staff reviews and approves every decision; no decision is made by an automated system alone. We aim to decide within ten business days after the seller’s response period ends and will tell both parties the outcome and the main reasons for it.
• (e) Re-review. Each party may ask once for a human re-review of the decision by replying to the decision notice or emailing support@swopme.co within 14 days of it, explaining why it is wrong and adding any new evidence. Where practicable, a different staff member carries out the re-review, and we aim to complete it within ten business days. The re-review decision is final within this process.
• (f) How outcomes are paid. A refund never exceeds the price actually charged for the order. Card refunds go back to the card that was charged. Crypto refunds are paid in USDC from the payment Swop actually received and still holds for that order; Swop does not fund them from its own money. If the payment has already reached the seller, the decision tells the seller what they owe, and a seller who does not comply may have their selling features restricted or suspended under section 10. Card refunds and chargebacks also follow section 5.
• (g) Card chargebacks take precedence. If a card payment is also disputed with the buyer’s card issuer, the card network’s process, handled through Stripe, decides that card dispute, and its result overrides any decision under this section. We may pause or close a platform dispute while a chargeback is pending.
• (h) What this process is not. This is a customer-service process that Swop runs between buyers and sellers. It is not arbitration, it does not replace or limit any rights you have under consumer-protection or other law or your right to dispute a card charge with your card issuer, and you may still pursue the other party in any forum available to you. Section 12 does not apply to disputes between buyers and sellers.

12. Disputes with Swop: informal resolution and arbitration

This section applies to any dispute, claim, or controversy between you and Swop Technologies Inc. arising out of or relating to these Terms or the Swop service (a “Claim”). Please read it carefully; it affects your legal rights.

• (a) Informal resolution first. Before starting an arbitration or a court case, the party with a Claim must send the other a written notice describing it and the relief sought, and both parties must try in good faith to resolve it informally for 30 days after the notice is received. Send notices to Swop at support@swopme.co with the subject “Notice of Dispute”, including your name and the email address on your account; we will send notices to the email address on your account. Limitation periods are paused during those 30 days.
• (b) Binding individual arbitration. If a Claim is not resolved within 30 days, you and Swop agree that it will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) before a single neutral arbitrator. The AAA Consumer Arbitration Rules apply if you use Swop as an individual for personal purposes, and the AAA Commercial Arbitration Rules apply if you use Swop for a business, including as a seller, in each case as modified by this section. The rules are available at adr.org. Hearings may take place by video or telephone, or in person in the county where you live or another place we both agree. Claims for $25,000 or less may be decided on written submissions unless either party or the arbitrator asks for a hearing. The arbitrator may award any relief available to an individual in court, but only in favor of the individual party seeking it and only to the extent needed to resolve that party’s individual Claim. The Federal Arbitration Act governs this section. Except as provided in paragraphs (c) and (h), the arbitrator decides questions about the scope, enforceability, and interpretation of this section.
• (c) Class action and jury trial waiver. You and Swop may bring Claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s Claims except as paragraph (g) provides. To the extent permitted by law, you and Swop each waive the right to a jury trial for any Claim that proceeds in court. A court, not an arbitrator, decides whether this waiver is valid and enforceable.
• (d) Exceptions. Either party may instead (i) bring an individual Claim in small-claims court if it qualifies and stays there, and (ii) ask a court for an injunction or other equitable relief to protect its intellectual property or to stop unauthorized use or abuse of the service. Nothing in this section stops you from bringing a matter to the attention of a government agency, or from disputing a card charge with your card issuer.
• (e) Opting out. You may opt out of this arbitration agreement by emailing support@swopme.co with the subject “Arbitration Opt-Out” within 30 days after you first accept these Terms (or, if you accepted an earlier version, within 30 days after we notify you of this version), stating your name and the email address on your Swop account. Opting out does not affect any other part of these Terms.
• (f) Fees. Each party pays the fees the applicable AAA rules assign to it. For arbitrations under the AAA Consumer Arbitration Rules, your share of filing fees is limited to the amount those rules set for consumers, and Swop pays the remaining filing, administrative, and arbitrator fees as those rules require. Each party pays its own lawyers’ fees unless the arbitrator awards them under applicable law. If the arbitrator finds a Claim or the relief sought frivolous or brought for an improper purpose, fees are allocated as the applicable rules permit.
• (g) Mass arbitration. If 25 or more demands for arbitration raising substantially similar Claims are filed against Swop by or with the help of the same or coordinated counsel or organizations, the AAA will administer them in batches of up to 25 demands each (with any remainder in a final batch), with one arbitrator assigned per batch, in the order they were filed. To promote efficient resolution, the parties will first arbitrate one batch as bellwether proceedings and then, if the remaining demands are not resolved, mediate them in good faith for 60 days before the remaining batches proceed. Limitation periods for the remaining demands are paused while this happens. The AAA’s supplementary rules for mass arbitrations apply where they are consistent with this paragraph. A court may enforce this paragraph.
• (h) Severability. If the class action waiver in paragraph (c) is found unenforceable as to any Claim or request for relief, that Claim or request will be severed and decided by a court, not an arbitrator, after any individual Claims in arbitration are resolved, and this arbitration agreement will not apply to it. If any other part of this section is found unenforceable, the rest of it still applies.
• (i) Where court cases go. Any Claim that is not arbitrated will be brought in the state or federal courts located in the State of Delaware, and you and Swop consent to their jurisdiction, except that you may bring it in the courts where you live if the law of the place where you live gives you that right.
• (j) When this section applies. This section applies only to Claims that arise after you accept it. If you accepted an earlier version of these Terms, it takes effect for you 30 days after we notify you of it by email or in the app, as section 13 describes, and it does not apply to any Claim that arose before then or that you had already notified us of or filed. If you live in a country whose law does not allow a consumer to agree in advance to arbitrate, this section does not apply to you as a consumer.

13. Changes to these Terms

We may update these Terms. Each version is posted here with its effective date, which is never earlier than the day it is posted. If a change is material and adverse to you, we will notify you by email or in the app, and the change takes effect 30 days after we send that notice. Changes required by law, or needed to address security, fraud, or abuse, may take effect immediately, and changes that are not adverse to you take effect when posted. Continuing to use Swop after a change takes effect means you accept the new version; if you do not accept it, you may stop using Swop and delete your account before then. A change to section 12 never applies to a Claim that is already pending, or that you had already notified us of, when the change takes effect.

14. Governing law and contact

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules, and by the Federal Arbitration Act as to section 12. This does not take away any protection that the mandatory law of the place where you live gives you. Swop Technologies Inc. can be reached at support@swopme.co for questions, legal notices, and the notices described in sections 11 and 12.