TopSwap

Terms of Service

Last updated: June 2026

1. Acceptance

By using TopSwap, you agree to these terms. TopSwap is a local marketplace platform that connects verified residents within communities for buying, selling, and swapping goods.

2. Eligibility

You must be at least 18 years old and a verified resident of a participating community to use TopSwap. Verification is completed via physical postcard to your residential address or instant identity verification.

3. User Conduct

You agree to:

  • Provide accurate information in your listings
  • Not post prohibited items (weapons, illegal goods, counterfeit products)
  • Treat other community members with respect
  • Complete transactions in good faith
  • Not use the platform for spam, fraud, or harassment

4. The Top Swap™ System

TopSwap uses a proprietary buyer queue system (Top Swap™) for managing interest in listed items. By using the platform, you agree to participate in this system in good faith — expressing genuine interest, communicating with sellers promptly when you are the Top Swap, and using the Nevermind function if you are no longer interested.

5. Listings

Sellers are responsible for the accuracy of their listings. TopSwap does not guarantee the quality, safety, or legality of listed items. All transactions are between the buyer and seller — TopSwap is not a party to any transaction.

6. Payments

TopSwap does not process payments. All payments are handled directly between buyers and sellers using their preferred methods (cash, Venmo, Zelle, etc.).

7. Local Pickup Only

All transactions on TopSwap are local pickup only. There is no shipping functionality.

8. Content Moderation

Community moderators may remove listings or users that violate these terms. TopSwap reserves the right to suspend or terminate accounts that violate our policies.

9. Intellectual Property

Top Swap™ is a trademark of TopSwap, Inc. The platform’s code, designs, and content are the intellectual property of TopSwap, Inc. Unauthorized reproduction is prohibited.

10. Limitation of Liability

TopSwap is provided “as is” without warranties. We are not liable for any disputes between users, loss of items, or damages arising from the use of our platform.

11. Peer-to-Peer Transactions — Platform Not a Party

TopSwap is a technology platform that facilitates introductions between verified community members. TopSwap, Inc. is not a buyer, seller, or broker in any transaction. We do not take possession of, inspect, or insure any item listed on the platform.

All in-person exchanges occur entirely between users. TopSwap has no control over and makes no representations about the condition, safety, legality, or title of any item. You assume all risk associated with meeting another person and exchanging goods. We strongly encourage you to meet in a public place and take reasonable precautions.

To the fullest extent permitted by applicable law, TopSwap, Inc. and its officers, employees, and agents are not liable for any injury, loss, property damage, or other harm arising from an in-person transaction arranged through the platform.

12. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of [STATE — fill in], without regard to its conflict-of-law principles.

Informal Resolution First

Before filing any formal claim, you agree to contact us at support@topswap.app and give us 30 days to attempt to resolve the dispute informally. Most concerns can be resolved this way.

Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the platform — including disputes about the validity or enforceability of this arbitration clause — will be resolved by binding individual arbitration rather than in court, except as set out in the “Exceptions” subsection below.

Arbitration will be administered by [ARBITRATION PROVIDER — e.g., AAA or JAMS; fill in] under its then-current consumer arbitration rules. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party bears its own attorney’s fees unless the arbitrator awards them.

Class-Action Waiver

You and TopSwap each waive the right to a trial by jury and the right to participate in a class action, class arbitration, or any other representative proceeding. All disputes must be brought on an individual basis only. If a court finds this waiver unenforceable as to a particular claim, that claim may proceed in court while all other claims remain subject to arbitration.

Exceptions

Either party may bring an individual action in small claims court for disputes within that court’s jurisdiction. Either party may also seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@topswap.app within 30 days of first accepting these Terms. If you opt out, any disputes will be resolved in the courts specified under “Governing Law” above.

13. Contact

For questions about these terms, contact us at support@topswap.app.