Terms of Service
Last updated: 8/29/2025
Effective date: 8/29/2025
Important Notice
These Terms of Service ("Terms") govern your use of SwapStack's platform and services. By accessing or using our Service, you agree to be bound by these Terms. Please read them carefully.
1. Agreement to Terms
By accessing or using the SwapStack platform ("Service"), operated by SwapStack, Inc. ("we," "our," "us," or the "Company"), you agree to be bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations.
If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Age Requirement: You must be at least 18 years old to use our Service. By using SwapStack, you represent and warrant that you are at least 18 years of age.
2. Description of Service
SwapStack provides an online marketplace platform that connects buyers and sellers of Micro-SaaS businesses. Our Service includes:
- Business listing and discovery platform
- Verification of business metrics and information
- Secure messaging between buyers and sellers
- Transaction facilitation tools
- Due diligence support services
- Escrow and payment processing (through third-party providers)
- Post-acquisition support services
Important: SwapStack is a facilitator and is not a party to the transactions between buyers and sellers. We do not own, operate, or control the businesses listed on our platform.
3. User Accounts
3.1 Account Registration
To use certain features of our Service, you must register for an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Immediately notify us of any unauthorized use
3.2 Account Types
Buyer Account
Access to browse listings, contact sellers, and purchase businesses.
Seller Account
Ability to list businesses, respond to inquiries, and access seller tools.
3.3 Account Termination
We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or harm the SwapStack community.
4. Listing Requirements & Standards
4.1 Seller Obligations
When listing a business on SwapStack, you represent and warrant that:
- You have full legal authority to sell the business
- All information provided is accurate, complete, and not misleading
- The business complies with all applicable laws and regulations
- You will provide reasonable access for due diligence
- The business does not infringe on any third-party rights
- Financial information is based on accurate records
4.2 Prohibited Listings
The following types of businesses cannot be listed on SwapStack:
- Businesses engaged in illegal activities
- Adult content or services
- Gambling or betting services
- Cryptocurrency trading platforms or exchanges
- Multi-level marketing or pyramid schemes
- Businesses that promote hate, violence, or discrimination
- Counterfeit or pirated goods/services
4.3 Verification Process
Sellers agree to participate in our verification process, which may include providing API access, financial statements, and other documentation to verify business metrics and ownership.
5. Fees and Payment Terms
5.1 Platform Fees
Our fee structure includes:
- Listing Fees: As specified in your selected plan
- Success Fees: 5% of the transaction value upon successful sale
- Additional Services: Priced separately as indicated
5.2 Payment Processing
All payments are processed through our third-party payment provider (Stripe). By using our Service, you agree to their terms of service and privacy policy.
5.3 Refund Policy
- Listing Fees: Non-refundable once a listing is published
- Success Fees: Non-refundable once a transaction is completed
- Additional Services: Refundable within 14 days if service not yet rendered
5.4 Taxes
You are responsible for paying all applicable taxes related to your use of the Service and any transactions conducted through the platform.
6. Acceptable Use Policy
6.1 Prohibited Conduct
You agree not to:
- Violate any applicable laws or regulations
- Provide false, misleading, or fraudulent information
- Impersonate another person or entity
- Interfere with or disrupt the Service or servers
- Attempt to gain unauthorized access to any portion of the Service
- Use automated systems or bots without permission
- Harvest or collect user information without consent
- Engage in any form of harassment or abusive behavior
- Circumvent fees or payment obligations
- Use the Service for any unlawful or unauthorized purpose
6.2 Content Standards
All content you submit must:
- Be accurate and truthful
- Not violate any third-party rights
- Not contain viruses or malicious code
- Comply with all applicable laws
- Be appropriate for a professional business environment
7. Intellectual Property
7.1 SwapStack's Intellectual Property
All content on the SwapStack platform, including text, graphics, logos, and software, is our property or licensed to us. You may not use, copy, or distribute any content without our written permission.
7.2 User Content License
By posting content on SwapStack, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purpose of operating and promoting the Service.
7.3 DMCA Compliance
We respect intellectual property rights. If you believe content on our platform infringes your copyright, please contact our DMCA agent at dmca@swapstack.ai.
8. Disclaimers and Limitations of Liability
8.1 Service Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
8.2 No Investment Advice
SwapStack does not provide investment, legal, tax, or financial advice. All investment decisions are made at your own risk. We recommend consulting with qualified professionals before making any business acquisition.
8.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAPSTACK SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, or consequential damages
- Loss of profits, data, or business opportunities
- The accuracy or completeness of any listing information
- The success or failure of any business transaction
- Actions or omissions of other users
OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
9. Indemnification
You agree to indemnify, defend, and hold harmless SwapStack, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit to the platform
- Any business transaction you engage in through the platform
10. Dispute Resolution
10.1 Informal Resolution
Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at legal@swapstack.ai.
10.2 Binding Arbitration
Any disputes that cannot be resolved informally shall be resolved through binding arbitration under the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California.
10.3 Class Action Waiver
You agree to bring claims only in your individual capacity and not as part of any class or representative action.
11. International Use
SwapStack is operated from the United States. If you access the Service from other jurisdictions, you are responsible for compliance with local laws. We make no representation that the Service is appropriate or available for use in other locations.
12. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified via email or platform notification at least 30 days before taking effect. Continued use of the Service after changes constitutes acceptance of the modified Terms.
14. Severability and Waiver
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
15. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
17. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and SwapStack regarding the use of the Service.
18. Contact Information
Legal Department
SwapStack, Inc.
Email: legal@swapstack.ai
Terms Inquiries: terms@swapstack.ai
Address: 548 Market St #14966
San Francisco, CA 94104
United States
For support inquiries, please contact: support@swapstack.ai
By using SwapStack, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.