Terms of Service

1. Acceptance of Terms

By accessing or using BuildSwap ("the Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Platform.

These Terms constitute a legally binding agreement between you and BuildSwap. We may update these Terms from time to time, and your continued use of the Platform constitutes acceptance of any changes.

2. Eligibility and Account Requirements

To use BuildSwap, you must:

• Be at least 18 years old
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Not have been previously banned or restricted from the Platform

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3. Platform Services

BuildSwap provides a marketplace platform that enables users to:

• List businesses, startups, apps, websites, domains, and digital assets for sale
• Browse and search available listings
• Make offers, bids, and purchase assets through our secure payment system
• Communicate with other users through our messaging system
• Participate in auctions for listed assets
• Utilize our escrow services for secure transactions

4. Fees and Payment Terms

Platform Fees

• BuildSwap charges a 8.5% platform fee on all successful transactions
• This fee is automatically deducted from the seller's proceeds
• Creating listings is free of charge
• Optional featured listing promotions may incur additional fees

Payment Processing

• All payments are processed through Stripe, a third-party payment processor
• Sellers must connect a valid Stripe account to receive payments
• Supported payment methods include credit cards and US bank accounts
• All transactions are conducted in US Dollars (USD)

5. Escrow Services

BuildSwap provides secure escrow services to protect both buyers and sellers:

• Payment Security: Buyer funds are held securely until transaction completion
• Buy It Now: Funds are automatically released upon successful payment processing
• Offers & Auctions: Funds are held until both parties confirm completion or dispute resolution
• Buyer Protection: Payments are only released when terms are met
• Seller Protection: Funds are released to seller after 14 days if buyer does not release funds after a successful transaction
• Dispute Resolution: Funds remain in escrow during dispute proceedings

6. Refund and Cancellation Policy

BuildSwap's refund and cancellation policies vary by transaction type:

Offer-Based Transactions

• Before Acceptance: Buyers may cancel offers at any time before seller acceptance
• After Acceptance: Cancellations require dispute resolution process
• After Escrow Release: No refunds available once funds are released to seller

Buy It Now Transactions

• No Refunds: Buy It Now purchases are final - no refunds available
• Disputes Only: Issues must be resolved through our dispute resolution process
• Automatic Release: Funds are automatically released to seller upon payment processing

Auction Transactions

• Binding Commitment: Winning bids are final and legally binding
• Payment Required: Winners must complete payment within specified timeframe
• Dispute Process: Issues resolved through formal dispute resolution only

7. User Responsibilities and Conduct

Sellers must:

• Provide accurate and truthful information about their assets
• Own or have legal authority to sell the listed assets
• Respond promptly to buyer inquiries and transaction requests
• Transfer assets and provide necessary credentials upon payment
• Maintain connected Stripe account for payment processing

Buyers must:

• Conduct due diligence before making purchases
• Pay for accepted offers within the specified timeframe
• Communicate clearly about transaction requirements
• Release escrow funds promptly upon satisfactory completion

Prohibited Activities:

• Listing assets you do not own or have authority to sell
• Providing false or misleading information about assets
• Attempting to circumvent platform fees or payments
• Engaging in fraudulent or deceptive practices
• Harassing or abusing other users
• Using the platform for illegal purposes
• Creating multiple accounts to evade restrictions
• Manipulating auction bidding or pricing

Prohibited Content Types:

The following types of businesses and assets are prohibited on BuildSwap:

• Adult or sexually explicit content and services
• Gambling, betting, or casino-related businesses
• Illegal drugs, controlled substances, or related paraphernalia
• Weapons, firearms, ammunition, or related accessories
• Hate speech, discriminatory, or extremist content
• Pyramid schemes, multi-level marketing, or "get rich quick" schemes
• Fraudulent, deceptive, or misleading businesses
• Businesses that violate intellectual property rights
• Any business that violates applicable laws or regulations

8. Dispute Resolution

BuildSwap provides a structured dispute resolution process:

1. Dispute Filing: Either party may open a dispute during a transaction
2. Evidence Submission: Parties can provide supporting documentation and evidence
3. Admin Review: Our team reviews all evidence and communications
4. Resolution: Admins may release funds to seller, refund buyer, or require additional action

During dispute proceedings, escrow funds remain secure. Final decisions are made at BuildSwap's discretion based on evidence provided.

9. Intellectual Property and Asset Transfer

When assets are sold through BuildSwap:

• Sellers warrant they own all intellectual property rights to the asset
• Asset transfer includes all agreed-upon intellectual property rights
• Domain transfers must include proper registrar access and ownership verification
• Source code, databases, and digital assets must be transferred as specified
• Sellers must provide all necessary credentials and access details
• Trademark and copyright ownership transfers according to sale agreement

10. Content Moderation and Account Actions

BuildSwap reserves the right to:

• Restrict Listings: Hide listings that violate our policies
• Account Restrictions: Limit user access to platform features
• Account Suspension: Temporarily suspend accounts for policy violations
• Account Termination: Permanently ban users for serious violations
• Content Removal: Delete inappropriate or violating content
• Transaction Intervention: Cancel or reverse transactions when necessary

Account actions are taken at our discretion based on Terms violations, user reports, or platform security concerns.

11. Limitation of Liability

BuildSwap provides the platform "as is" and disclaims all warranties. To the maximum extent permitted by law:

• We are not liable for the quality, safety, or legality of listed assets
• We do not guarantee the accuracy of information provided by users
• We are not responsible for user conduct or transaction outcomes
• Our total liability for any claim shall not exceed the lesser of $10,000 or the total fees paid to BuildSwap in the past 12 months
• We are not liable for indirect, consequential, punitive, or special damages
• Users acknowledge the inherent risks in business acquisitions
• The above limitations do not apply to gross negligence or willful misconduct

12. Indemnification

You agree to indemnify and hold BuildSwap harmless from any claims, damages, or expenses arising from:

• Your use of the Platform
• Your violation of these Terms
• Your listings or transactions
• Any intellectual property infringement claims
• Your negligent or wrongful conduct

13. Termination

Either party may terminate this agreement:

• By You: Delete your account at any time
• By Us: Immediately for Terms violations or at our discretion
• Effect: Access to the Platform will cease upon termination
• Surviving Terms: Payment obligations and indemnification survive termination

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware. Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration or in the courts of Delaware.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our Platform and updating the "Last updated" date. Your continued use of the Platform after changes constitutes acceptance of the new Terms.

16. Contact Information

If you have questions about these Terms, please contact us:

• Email: support@buildswap.io
• Website: buildswap.io