ReSwap SMS Terms

TERMS OF SERVICE

Effective Date: January 8, 2026

1. INTRODUCTION

This Terms of Service governs your access to and use of the ReSwap platform, mobile application, and related services (collectively, the "Services"). The Services are operated by ReSwap, Inc., a corporation registered in Delaware under company number 33-1592203, with its registered office at 3500 S Dupont Hwy, Dover, DE 19901. By setting up an account and/or using the Service, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must discontinue use of the Services immediately.

These Terms, along with the policies set out in our Contact and Support (the "Policies"), govern your access to and use of the Services (collectively, the "Terms of Service"). If there is anything in the Terms of Service that you do not understand, please contact us via our Contact and Support for assistance.

For the purposes of these Terms of Service, the following definitions apply:

"ReSwap" refers to ReSwap, Inc., a corporation registered in Delaware, including its platform, mobile application, related services, officers, employees, agents, and any affiliated entities.

"User" refers to any individual or entity that accesses or uses the ReSwap platform, mobile application, or related services, whether registered or not.

"Renter" refers to any User who rents or subleases a property through the ReSwap platform, entering into a rental agreement to occupy a property listed on the platform.

"Listing" refers to any rental property or sublease posted on the ReSwap platform by a User, including descriptions, pricing, availability, and terms, or any property or item made available for rent or exchange through the Services.

2. ELIGIBILITY

You must be at least 19 years old to use the Services. We do not permit users under 19 to create an account or access the Services. By using the Services, you represent and warrant that you meet this requirement.

We may use technical measures and institutional verification (including verification of a university email account) to enforce eligibility. We may suspend or terminate accounts that do not meet the requirement or that provide false information about age or eligibility.

3. ACCOUNT REGISTRATION AND SECURITY

3.1. To use our Services, you must register for an account by creating a username and password (your "Account"). You agree to provide accurate, complete, and up-to-date information to ensure proper operation of the Services.

3.2. If your details change, you must update your information by logging into your Account. You are responsible for maintaining the confidentiality of your login credentials and must notify ReSwap immediately of any unauthorized access to your Account.

3.3. You must not share your password or other security credentials with anyone else.

3.4. ReSwap verifies the existence of a university, student, or organization email account during registration. However, we do not verify government-issued IDs or confirm a user’s actual association with the organization or university. Users are responsible for ensuring the accuracy of their provided information. ReSwap is not liable for any misrepresentation by users.

4. SEARCHING, LISTINGS, AND RENTAL AGREEMENTS

4.1. Searching for Listings: Users can search for rental properties or subleases using filters such as location, price range, duration, and availability. Search results are ranked based on relevance, including factors like user activity, listing quality, popularity, and ratings. ReSwap reserves the right to determine and modify ranking algorithms at its sole discretion. The ranking system may include undisclosed factors, and ReSwap is not obligated to disclose the details of how rankings are calculated. We also reserve the right to change ranking criteria at any time without prior notice.

4.2. Creating and Managing Listings: Users may create listings for properties they have the legal right to lease or sublease. Listings must contain accurate descriptions, pricing, and terms. Users are responsible for keeping their listings up to date.

4.3. Rental Agreements: If you are: a) Renting a property, the rental agreement is solely between you and the proprietor. b) Listing a property, the agreement for the rental is solely between you and the renter.

4.4. Overstays and Violations: If a renter stays beyond the agreed-upon rental period, the property owner may take appropriate legal action. ReSwap is not responsible for enforcing rental agreements or resolving payment disputes.

4.5. All listings on ReSwap are subject to an internal review process before being published. Listings must be verified and approved by administration before going live. ReSwap reserves the right to approve, disapprove, or remove any listing at its sole discretion, without obligation to provide justification. We do not guarantee the accuracy or authenticity of listings and are not responsible for any misleading or false information provided by users.

4.6 ReSwap is a neutral venue and is not a real estate broker or agent. ReSwap does not negotiate or mediate lease agreements or disputes between users.

5. TAXES & LEGAL RESPONSIBILITIES

5.1. Tax Responsibilities: Users are responsible for determining and fulfilling their obligations under applicable tax laws related to rental income or other transactions facilitated through ReSwap.

5.2. ReSwap's Role: ReSwap does not collect, remit, or report any taxes on behalf of users. It is the sole responsibility of users to comply with tax regulations, including but not limited to income tax, occupancy tax, VAT, or other applicable taxes.

5.3. Reporting Requirements: In certain jurisdictions, tax regulations may require users to report income from rentals or other transactions. Users are advised to seek legal or tax professional advice to ensure compliance with their local tax obligations.

5.4. ReSwap may utilize third-party payment processors. ReSwap is not responsible for any issues or errors arising from the use of such payment processors. Users agree to abide by the terms and conditions of the third-party payment processors.

5.5. ReSwap reserves the right to comply with any future financial regulations that may impact the services provided.

6. FUTURE EXPANSION OF SERVICES

6.1. ReSwap plans to expand beyond housing rentals and subleases. In the future, users may also be able to list and exchange other items, including but not limited to clothing, furniture, and personal belongings.

6.2. Additional terms and conditions may be introduced as ReSwap expands its services to accommodate new listing categories.

7. ACCEPTABLE USE POLICY

7.1. You may only use the Services to: a) List properties or items that you have the legal right to rent, lease, and sublease. b) Upload content ("User Content") that complies with these Terms of Service. User Content includes usernames, bios, photos, videos, descriptions, comments, messages, links, and other materials posted on ReSwap.

7.2. You may not use the Services to: a) Engage in illegal or unlawful activities. b) List properties or items on the Prohibited and Restricted List. c) Post misleading or deceptive User Content. d) Interfere with or disrupt the security, operation, or integrity of the Services. e) Breach any applicable laws or third-party rights. f) Introduce viruses, malware, or harmful software into the Services. g) Sell, transfer, or assign your Account without prior written consent from ReSwap.

7.3. Prohibited Content and Conduct: You may not post or engage in content or conduct that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. This includes, but is not limited to, spam, phishing, data scraping, and any activity that disrupts the platform or its users.

7.4. ZERO TOLERANCE FOR OBJECTIONABLE CONTENT AND ABUSIVE USERS

ReSwap has zero tolerance for objectionable content or abusive behavior. You may not create, upload, post, send, or share any content or engage in conduct that is objectionable, abusive, or harmful, including but not limited to:

(a) harassment, bullying, threats, or intimidation;

(b) hate speech or discriminatory content;

(c) sexually explicit content, sexual exploitation, or any content involving minors;

(d) violent, graphic, or gore content;

(e) content that encourages illegal activity, scams, or fraud;

(f) doxxing, invasion of privacy, or sharing personal data without consent;

(g) spam, phishing, malicious links, or malware; or

(h) any content that violates applicable law or third-party rights.

Violations may result in immediate content removal, account suspension or termination, and/or reporting to law enforcement when appropriate.

8. USER RESPONSIBILITIES, CONTENT, AND PLATFORM USE

8.1. User-Generated Content: a) Users may post images, descriptions, and other content related to their listings, profiles, and messages. All content must be accurate, lawful, and comply with ReSwap’s content policies and these Terms of Service. b) Users retain ownership of their User Content. By posting User Content, you grant ReSwap a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting), display, and distribute such User Content solely for operating, improving, and promoting the Services. c) ReSwap reserves the right to remove content that violates these Terms, poses risks to the platform or community, or is deemed inappropriate at its sole discretion. d) Users acknowledge that ReSwap is not responsible for any abuse, damage, or issues caused by other users of the platform. ReSwap does not guarantee the accuracy, security, or reliability of user-generated content.

8.2. Prohibited Content: a) Users may not post content that is misleading, offensive, defamatory, or violates third-party intellectual property rights. b) Content must not contain false claims, spam, or any form of fraud.

8.3. Preventing Listing Manipulation: a) Users may not artificially boost their listings by creating duplicate accounts, false reviews, or engaging in deceptive practices. b) Any attempt to manipulate search rankings or user engagement metrics is strictly prohibited.

8.4. REPORTING, BLOCKING, FILTERING, AND MODERATION

(A) Reporting Objectionable Content: Users can report Listings, messages, and user accounts they believe violate these Terms or are objectionable. Reports are reviewed by ReSwap’s moderation team.

(B) Blocking Abusive Users: Users can block other users. When a user is blocked: (i) the blocked user can no longer contact the blocking user through the Services; (ii) content and conversations from the blocked user are removed from the blocking user’s view immediately; and (iii) the block event may generate a moderation ticket and notify ReSwap for review, especially where related reports or policy violations are indicated.

(C) Content Filtering: ReSwap uses a combination of automated and manual measures to reduce objectionable content. These measures may include keyword filtering, spam/abuse detection, and human review of reports and/or listings prior to publication.

(D) Response Time and Enforcement: ReSwap will act on valid reports of objectionable content within 24 hours, which may include removing or restricting access to the content and suspending or terminating the offending account. ReSwap may take immediate action without notice for severe violations or safety risks.

9. USER RESPONSIBILITIES AND ASSUMPTION OF RISK

9.1. User Responsibilities: a) Users must comply with all rental agreements and leave properties in the same condition as when they arrived. b) Users are responsible for any damage caused during their rental period. c) Users must follow all applicable laws and community standards when using the platform.

9.2. Assumption of Risk: Users acknowledge that engaging in rental transactions carries risks, including potential financial loss or disputes. Users assume full responsibility for their interactions and agreements.

10. PRIVACY POLICY

Your privacy is important to us. By using ReSwap, you acknowledge and agree to the collection, use, and sharing of your personal data as described in our Privacy Policy.

10.1. User Data Processing and Security: ReSwap implements industry-standard security measures to protect user data. However, users acknowledge that no system is entirely secure, and ReSwap is not liable for unauthorized access or data breaches.

10.2. CCPA/GDPR Rights: Users have rights regarding their personal data as outlined in our Privacy Policy, including rights to access, delete, and correct their data. ReSwap complies with applicable data protection laws, including CCPA and GDPR.

10.3. Removal Requests Under Applicable Law: If required by applicable law, users may request the removal of content they posted. ReSwap will comply with such requests as required by law.

11. DISPUTE RESOLUTION

11.1. If you have a dispute with another user, you should attempt to resolve the issue directly. If no resolution is reached, you may report the issue to ReSwap, but we do not guarantee dispute resolution.

11.2. If you have a dispute with ReSwap, you agree to first contact us via our Contact and Support. If we are unable to resolve the dispute, any legal claims must be brought in accordance with Section 17 (Dispute Resolution and Arbitration Agreement).

12. TERMINATION AND ENFORCEMENT

12.1. ReSwap reserves the right to suspend, restrict, or terminate your Account, revoke access to the Services, or remove any User Content at its sole discretion, with or without notice, if you violate these Terms of Service or engage in any activities deemed harmful to the platform, users, or community standards. Violations include, but are not limited to: a) Creating or engaging in fraudulent listings, misrepresenting properties, or engaging in scams. b) Posting misleading, false, or deceptive information to manipulate renters or other users. c) Repeated violations of ReSwap’s Terms of Service, content policies, or acceptable use guidelines. d) Attempting to evade enforcement actions by creating duplicate or alternative accounts. e) Engaging in harassment, discrimination, threats, or abusive behavior toward other users. f) Using automated means (e.g., bots, scrapers) to access, manipulate, or interfere with the platform. g) Violating local, state, or federal laws while using ReSwap’s Services. h) Engaging in any behavior that threatens the security, stability, or integrity of ReSwap. ReSwap will act on valid reports of objectionable content within 24 hours, including removing content and suspending or terminating accounts where appropriate.

12.2. ReSwap may take one or more of the following enforcement actions:
a) Content Removal: Temporarily or permanently remove any content that violates these Terms or is deemed harmful. b) Account Suspension or Termination: Restrict, suspend, or permanently delete an account based on the severity and frequency of violations. c) Legal and Law Enforcement Action: Report violations to law enforcement agencies and comply with legal obligations to disclose information when required by law. d) Financial Penalties or Reimbursement: Seek damages or reimbursement for any financial loss, legal costs, or other harm caused by policy violations.

12.3. No Refunds or Compensation: If your account is terminated for violating these Terms, you will not be entitled to any refunds, compensation, or reinstatement.

12.4. Right to Appeal: Users whose accounts are suspended or terminated may request a review of the decision by contacting ReSwap Support, but ReSwap retains final discretion over all enforcement actions.

13. DISCLAIMER OF WARRANTIES

13.1. The ReSwap platform and all content are provided "as is" without warranty of any kind. ReSwap expressly disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.2. ReSwap does not endorse or guarantee the existence, quality, legality, suitability, or reliability of any listing, property owner, renter, or third party. Users are solely responsible for verifying any information provided on the platform.

13.3. ReSwap does not guarantee the uninterrupted or error-free operation of the platform and makes no representations regarding the accuracy or reliability of any verification, identity, or background checks conducted (if any).

14. LIMITATION OF LIABILITY

14.1. To the fullest extent permitted by law, neither ReSwap nor its affiliates, officers, employees, or partners shall be liable for any incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or service interruptions arising from: a) Use of or inability to use the ReSwap platform. b) Any communications or interactions between users. c) Rental disputes, including but not limited to property damage, non-payment, or contract violations.

14.2. Except where required by law, ReSwap's aggregate liability for claims arising out of or in connection with these Terms shall not exceed: a) For renters, the total amount paid through the platform in the 12 months preceding the event. b) For property owners, the total amount received through the platform in the 12 months preceding the event. c) For any other users, one hundred U.S. dollars (US$100).

15. INDEMNIFICATION

To the maximum extent permitted by applicable law, users agree to defend, indemnify, and hold harmless ReSwap, its affiliates, and its employees from any claims, liabilities, damages, losses, and expenses, including legal fees, arising from: a) Violation of these Terms of Service. b) Improper use of the ReSwap platform. c) Disputes related to rental agreements or property listings. d) Violation of any applicable laws or third-party rights.

16. GOVERNING LAW AND VENUE

16.1. These Terms of Service 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.

16.2. Any disputes arising out of these Terms shall be resolved exclusively in the courts of the State of California.

17. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

17.1. Users agree to first attempt informal resolution of disputes by contacting ReSwap's support team.

17.2. If no resolution is reached, any disputes shall be resolved through binding arbitration in California, in accordance with the rules of the American Arbitration Association (AAA), unless both parties agree otherwise.

17.3. Users waive any right to participate in class-action lawsuits or jury trials against ReSwap.

17.4. Jury Trial Waiver: You and ReSwap acknowledge and agree that both parties waive the right to a trial by jury for all arbitrable disputes.

17.5. No Class Actions or Representative Proceedings: Users agree that they may only bring claims against ReSwap on an individual basis, and not as a plaintiff or class member in any class, mass, or representative action. Unless otherwise agreed, the arbitrator may not consolidate multiple users' claims.

17.6. Mass Action Waiver: Users agree that arbitration claims involving 100 or more claimants within a 180-day period that share substantially similar issues will be grouped into batches of no more than 200 cases at a time, which will be resolved sequentially.

17.7. Modification of Arbitration Rules - Offers of Judgment: Either party may propose a written settlement offer before the arbitration hearing. If the offer is rejected and the rejecting party receives a less favorable arbitration outcome, they will be responsible for the offering party’s legal costs from the time of the offer.

17.8. Severability: If any part of this arbitration agreement is deemed unenforceable, the remainder shall remain in effect. However, if the class action waiver is found unenforceable, any class claims must be brought in court, while individual claims proceed in arbitration.

17.9. Amendments to Arbitration Terms: If ReSwap modifies this section in the future, users may opt out of the changes by notifying ReSwap in writing within 30 days of the amendment. Opting out does not nullify previously agreed arbitration terms.

17.10. Survival: This arbitration agreement survives any termination of these Terms of Service and continues to apply even if you stop using ReSwap.

18. GENERAL TERMS & INTERPRETATION

18.1. No Waiver: ReSwap’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by ReSwap in writing. The exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

18.2. Assignment: Users may not assign, transfer, or delegate their rights and obligations under these Terms without prior written consent from ReSwap. ReSwap may freely assign, transfer, or delegate these Terms and any rights or obligations hereunder at its sole discretion, with 30 days’ prior notice.

18.3. Entire Agreement: These Terms, along with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and ReSwap, superseding any prior oral or written agreements.

18.4. Third-Party Services: ReSwap may include links to third-party websites, applications, or services that are subject to different terms and privacy practices. ReSwap is not responsible for any aspect of these third-party services, and their inclusion does not constitute an endorsement.

18.5. Force Majeure & Cybersecurity Protection: ReSwap shall not be liable for any delay or failure to perform resulting from unforeseen circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of war, terrorism, labor shortages, cyberattacks, data breaches, hacking attempts, ransomware, denial-of-service attacks, or service interruptions from third-party providers. ReSwap implements industry-standard cybersecurity measures to mitigate risks but cannot guarantee the complete security of user data or uninterrupted platform access. Users acknowledge that engaging with digital services carries inherent cybersecurity risks.

18.6. Communication & Notifications: Users agree to receive electronic communications from ReSwap, including legal notices, platform updates, and security alerts. Users may opt out of promotional communications but will continue to receive essential platform-related notices.

19. CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us via our Contact and Support.

BY USING RESWAP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE.