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Legal

Terms of Service

Last updated: April 27, 2025

1. Acceptance of Terms

By downloading, installing, or using the Swap application or visiting our website (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Swap Inc.

2. Description of Service

Swap is a peer-to-peer marketplace that connects drivers who are leaving parking spots ("Listers") with drivers who need parking ("Seekers"). Swap facilitates the transaction between users but does not own, operate, or control any parking spots listed on the platform. All parking regulations, restrictions, and rules that apply to a given spot remain in effect regardless of any transaction on Swap.

3. Eligibility

You must be at least 18 years of age and hold a valid driver's license to use Swap. By using the Service, you represent and warrant that you meet these requirements.

4. User Accounts

To use Swap, you must create an account using a valid phone number. You are responsible for:

  • Maintaining the confidentiality of your account
  • All activity that occurs under your account
  • Providing accurate and truthful information
  • Notifying us immediately of any unauthorized account use

5. Parking Spot Listings and Transactions

When listing or claiming a parking spot, you acknowledge that:

  • All existing parking rules, time limits, permit requirements, and regulations for a spot remain in full force and are the Seeker's sole responsibility to comply with.
  • Swap does not guarantee the availability of any listed spot.
  • Listers must only list spots they are currently occupying and intend to vacate promptly.
  • Seekers accept that parking spot conditions (size, accessibility, surrounding area) may vary.
  • Neither party will engage in fraudulent, misleading, or abusive behavior.

6. Payments and Fees

Swap processes payments securely through third-party payment providers. Transaction fees may apply and will be disclosed at the time of each transaction. All payments are final unless otherwise required by law. Swap reserves the right to modify its fee structure with notice to users.

7. Prohibited Conduct

You agree not to:

  • List spots you do not currently occupy or do not have the right to vacate
  • Use the Service for any unlawful purpose
  • Harass, threaten, or defraud other users
  • Manipulate the platform (e.g., fake listings, artificial transactions)
  • Interfere with or disrupt the Service or servers
  • Reverse engineer or attempt to extract source code from the app

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SWAP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR SPOT WILL BE AVAILABLE OR SUITABLE FOR YOUR NEEDS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SWAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO PARKING FINES, TOWING, VEHICLE DAMAGE, OR LOST REVENUE.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. Continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. We will provide reasonable notice of material changes.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

12. Contact

For questions about these Terms, please reach out via our Support page.