1. Acceptance of these Terms
These Terms and Conditions (“Terms”) form a binding agreement between you and the person or entity that operates haveswap.com (“Haveswap,” the “Operator,” “we,” “us,” or “our”). They apply to haveswap.com and all related marketplace, listing, matching, barcode, market-comparison, item-identification, and Flip Check features (collectively, the “Service”).
By accessing or using the Service, submitting a listing, checking the required agreement box, contacting another user through a listing, or using a Haveswap-generated result, you agree to these Terms and acknowledge the Privacy Policy. If you do not agree, do not use the Service.
If you use Haveswap on behalf of a business or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.
2. Haveswap’s limited role
Haveswap is a publication, discovery, matching, direct-contact, and informational tool. Unless we expressly say otherwise in writing for a specific service, Haveswap:
- is not the buyer, seller, owner, consignor, broker, auctioneer, dealer, appraiser, agent, insurer, payment processor, escrow provider, shipper, warehouse, or guarantor in any user transaction;
- does not take possession of money or gear;
- does not inspect, test, authenticate, certify, title, value, insure, deliver, or warrant items;
- does not verify a user’s identity, authority, ownership, location, claims, financial ability, or trustworthiness;
- does not guarantee that a listing is accurate, lawful, available, safe, functional, authentic, or free of liens, locks, malware, recalls, defects, or stolen data;
- is not responsible for negotiating, completing, unwinding, refunding, or mediating a transaction between users.
Users communicate and transact directly. Any agreement for sale, trade, shipping, payment, inspection, return, warranty, or refund is solely between the participating users.
3. Eligibility and authority
You must be at least 18 years old, have legal capacity to enter a binding agreement, and not be prohibited from using the Service under applicable law. You may use the Service only for lawful purposes.
You represent that you own each item you list or have the owner’s documented authority to sell or trade it. You must be able to transfer the item free of undisclosed liens, claims, activation locks, account locks, carrier balances, leases, financing interests, or other restrictions.
If law requires Haveswap to identify, verify, disclose, or obtain certifications from a seller, including a high-volume seller, you agree to provide accurate information promptly. We may restrict or remove listings until required verification is complete.
4. User transactions and assumption of risk
You are solely responsible for deciding whether, when, where, and how to communicate, inspect, pay, ship, meet, buy, sell, or trade. You assume the risks of direct transactions, including fraud, nonpayment, chargebacks, counterfeit goods, stolen property, inaccurate descriptions, hidden damage, unsafe batteries, data exposure, account locks, shipping loss, personal injury, and disputes.
Before transferring money or gear, you should independently confirm identity, ownership, exact model and configuration, serial or device identifiers where appropriate, activation and carrier status, functionality, physical condition, included accessories, recall status, battery condition, shipping terms, payment protections, and applicable law.
Do not rely on Haveswap as your only verification source. Meet in a safe public place when appropriate. Do not send irreversible payment to a person you have not independently verified. Do not provide passwords, one-time codes, recovery phrases, bank credentials, government identifiers, or remote access to your device.
Haveswap has no obligation to resolve a user dispute. We may choose to review reports, preserve evidence, remove content, or cooperate with lawful authorities, but doing so does not make us responsible for the underlying transaction.
5. Listing rules and prohibited conduct
You must provide a materially accurate description, condition, working status, price or trade request, ownership status, and known defects. Photos must depict the actual item unless clearly labeled otherwise. You must promptly update or close a listing that is no longer available.
You may not use Haveswap to list, request, transmit, promote, or facilitate:
- stolen, lost, fraudulently obtained, counterfeit, pirated, recalled, unlawfully modified, or illegally imported goods;
- weapons, ammunition, explosives, controlled substances, regulated chemicals, biological materials, or other dangerous or unlawful items;
- financial accounts, payment credentials, identity documents, government benefits, access credentials, stolen data, personal records, SIM-swap services, malicious software, surveillance tools intended for unlawful use, or devices containing another person’s data without authorization;
- devices subject to undisclosed activation locks, account locks, carrier obligations, leases, financing interests, management profiles, or remote-control claims;
- batteries or equipment known to be unsafe, damaged, swollen, recalled, or improperly packaged without complete disclosure and legally compliant handling;
- content or conduct that is fraudulent, deceptive, threatening, abusive, discriminatory, sexually exploitative, invasive of privacy, infringing, defamatory, spammy, or designed to manipulate search, matching, pricing, feedback, or security systems;
- scraping, bulk harvesting, automated messaging, denial-of-service activity, reverse engineering intended to bypass restrictions, credential attacks, malware, or unauthorized access;
- transactions that violate sanctions, export controls, consumer-protection laws, tax laws, intellectual-property rights, privacy rights, product-safety laws, or any other applicable rule.
You may not impersonate another person, misstate your affiliation, create fake demand or offers, interfere with another listing, or use Haveswap to collect information for harassment, profiling, or unsolicited marketing.
We may remove, restrict, preserve, or report content or activity at any time, with or without notice, if we reasonably believe it creates legal, safety, security, reputational, or operational risk.
6. User content and public contact information
“User Content” includes listing text, photos, prices, locations, contact methods, messages sent to Haveswap, feedback, and other material you submit. You retain ownership of your User Content.
You grant Haveswap a worldwide, nonexclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, format, adapt, display, distribute, index, analyze, and use User Content as reasonably necessary to operate, secure, moderate, promote, and improve the Service. This license ends when the content is deleted from active systems, except for copies reasonably retained in backups, logs, legal records, security records, analytics, or as otherwise permitted by law.
You represent that you have all rights needed to submit User Content and that our permitted use will not violate law or another person’s rights. You are responsible for removing personal data from devices, photos, screenshots, and descriptions before posting.
Listing contact information is public by design. Other people may copy or retain it outside Haveswap. Use a contact method you are comfortable publishing.
7. Owner tokens and private manage links
Haveswap may generate a browser-based owner identifier, owner token, or private manage link instead of a conventional account. These credentials function like a password. Anyone with a valid private manage link may be able to edit, hide, or close the associated listing.
You are responsible for protecting your browser profile and private manage link. Haveswap is not liable for changes made by a person who obtained a valid credential. Recovery may be unavailable if you clear browser storage, lose the private link, change devices, or expose the credential.
8. Flip Check, pricing, matching, and AI output
Flip Check, CHECK MARKET, barcode lookup, AI identification, generated listings, trade matching, scores, ranges, warnings, and similar outputs are automated informational tools. They are estimates and may be delayed, incomplete, inaccurate, mismatched, or unavailable.
Marketplace evidence may consist primarily of active asking prices rather than completed sales. Asking prices do not establish actual market value. Results may omit fees, tax, shipping, fraud risk, condition differences, local demand, returns, platform rules, configuration, authenticity, hidden damage, and other material facts.
AI systems may misidentify an item, invent a detail, misunderstand a photo, or produce an unsuitable recommendation. Haveswap output is not an appraisal, authentication, inspection, guarantee, offer, financial advice, investment advice, tax advice, legal advice, safety certification, or instruction to buy, sell, or trade.
You must independently verify all material facts and make your own decision. You assume all risk from relying on generated output.
9. Third-party services and links
The Service may use or link to third-party services, including hosting, database, AI, barcode, marketplace-data, font, contact, payment, shipping, and social platforms. Third parties are independent from Haveswap and governed by their own terms and privacy policies.
Haveswap does not endorse or control a third party merely by linking to it or using its data. We are not responsible for third-party content, availability, security, accuracy, fees, actions, or omissions.
10. Fees, taxes, and changes to the Service
Haveswap may be free during a beta period. We may add, change, or remove features and may introduce fees in the future. We will provide notice before charging a new fee where required. Unless stated otherwise, each user is responsible for taxes, permits, reporting, shipping, payment-provider charges, and other costs arising from their activity.
We do not guarantee that any feature, listing, result, manage link, data source, or part of the Service will remain available. The Service may be interrupted, modified, deprecated, or discontinued.
11. Haveswap intellectual property
The Service, branding, software, design, documentation, compilation, and non-user content are owned by or licensed to Haveswap and protected by applicable law. Subject to these Terms, Haveswap grants you a limited, revocable, nonexclusive, nontransferable right to use the Service for its intended purpose.
You may not copy, sell, sublicense, misrepresent, or commercially exploit the Service or its branding except as allowed by law or written permission. You may not remove notices, use Haveswap marks in a way that implies endorsement, or create a confusingly similar service or identity.
12. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.
HAVESWAP DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, SECURITY, AVAILABILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE, USERS, LISTINGS, ITEMS, DATA, OUTPUTS, LINKS, OR TRANSACTIONS WILL BE ACCURATE, SAFE, LAWFUL, AUTHENTIC, COMPLETE, AVAILABLE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; OR THAT A TRANSACTION WILL OCCUR OR BE SATISFACTORY.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAVESWAP AND ITS OPERATOR, AFFILIATES, CONTRIBUTORS, CONTRACTORS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY; PERSONAL INJURY OR PROPERTY DAMAGE; OR LOSSES ARISING FROM A USER, LISTING, ITEM, MEETING, PAYMENT, SHIPMENT, TRADE, THIRD PARTY, SECURITY INCIDENT, OR RELIANCE ON OUTPUT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE HAVESWAP PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS OR (B) THE AMOUNT YOU PAID DIRECTLY TO HAVESWAP FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
The limitations apply regardless of legal theory and even if a remedy fails its essential purpose or we were advised of possible damages. They do not limit liability that cannot lawfully be limited.
14. Release of user disputes
To the maximum extent permitted by law, you release the Haveswap parties from claims, demands, damages, and disputes arising from or related to another user, a listing, an item, direct communications, a meeting, payment, shipment, return, refund, or other transaction between users.
This release does not waive a claim based solely on Haveswap’s own conduct where that waiver is prohibited by law.
15. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless the Haveswap parties from claims, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys’ fees arising from or related to your use of the Service, User Content, listing, item, transaction, violation of these Terms, violation of law, fraud, negligence, misconduct, or infringement of another person’s rights.
We may control the defense of a covered matter, and you agree to cooperate. You may not settle a matter imposing liability, admission, or obligation on a Haveswap party without written consent.
16. Informal resolution, arbitration, and class waiver
Informal notice first
Before filing a formal claim, you and Haveswap agree to try to resolve it informally for at least 30 days. Send a written notice describing your name, contact information, relevant listing or event, legal basis, facts, and requested relief to burnzzzstock@gmail.com with the subject “Haveswap Dispute Notice.” The limitations period is tolled during this 30-day process where permitted.
Individual binding arbitration
Except for claims eligible for small-claims court and requests for temporary or preliminary injunctive relief concerning unauthorized access, security, or intellectual-property rights, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration under the U.S. Federal Arbitration Act.
The arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, as modified by these Terms. It may be conducted remotely, by written submissions, or at a reasonably convenient location. The arbitrator may award the same individual remedies available in court, but only as necessary to resolve the individual claim.
No class or representative proceedings
YOU AND HAVESWAP AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not combine claims or preside over a representative proceeding without written agreement from all affected parties.
Jury-trial waiver
For any dispute that proceeds in court, you and Haveswap knowingly waive trial by jury to the maximum extent permitted by law.
Opt-out
You may opt out of arbitration and the class waiver by emailing burnzzzstock@gmail.com within 30 days after you first accept these Terms. Include your name, contact information, and a clear statement that you opt out of arbitration. Opting out does not affect the other Terms.
If arbitration is unavailable
If a court finally determines that a specific claim or remedy cannot be arbitrated, only that claim or remedy may proceed in a court of competent jurisdiction, and all arbitrable matters will remain in arbitration. If the class waiver is finally held unenforceable as to a particular proceeding, the arbitration provision will not apply to that proceeding.
17. Copyright and rights complaints
If you believe content on Haveswap infringes your copyright or other rights, email burnzzzstock@gmail.com with identification of the protected work, the challenged content and URL, your contact information, a statement of good-faith belief, a statement that the information is accurate and that you are authorized to act, and your physical or electronic signature.
We may remove challenged content and may terminate repeat infringers. Submitting a knowingly false complaint may create liability.
18. Suspension, termination, and changes
You may stop using Haveswap at any time. We may suspend, restrict, remove, or terminate access or content at any time if we reasonably believe it is necessary for safety, security, legal compliance, enforcement, maintenance, or protection of the Service or its users.
We may update these Terms. The effective date and version at the top identify the current Terms. Material changes may be announced through the Service or another reasonable method. Continued use after updated Terms take effect constitutes acceptance, except where additional consent is required by law.
Sections that by their nature should survive termination will survive, including ownership, licenses, disclaimers, limitations, release, indemnity, dispute resolution, and miscellaneous terms.
19. Miscellaneous
The U.S. Federal Arbitration Act governs Section 16. To the extent state law applies and is not preempted, these Terms and the Service are governed by the laws of the State of Mississippi, without regard to conflict-of-law principles. For a claim that is not subject to arbitration or eligible for small-claims court, you and Haveswap consent to the exclusive jurisdiction of state or federal courts located in Mississippi, except where applicable law requires a different forum.
These Terms and the Privacy Policy are the entire agreement about the Service and replace prior discussions or statements on the same subject. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective.
Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a reorganization, financing, sale, merger, or transfer of the Service. Headings are for convenience only. “Including” means “including without limitation.”
Electronic notices and records satisfy written-notice requirements where permitted. The English version controls if a translation conflicts.
20. Contact
Legal notices and questions about these Terms may be sent to: