Terms of Service

Modeled on the structure of Grailed's Terms of Service, adapted for a no-cash barter platform operating under Alberta law.

9.1 Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you and FitSwap governing your use of the FitSwap website, mobile app, and related services (the "Services"). By creating an account or using the Services, you agree to these Terms. If you do not agree, you may not use the Services.

9.2 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use FitSwap.

9.3 Nature of the Service

FitSwap provides a platform for users to list clothing items and propose direct swaps with other users. Swaps are agreements directly between users — FitSwap is not a party to any individual swap and does not take ownership of, inspect in person, or guarantee any item listed by a user, except as described in the Swap Protection Policy.

9.4 User Conduct

Users agree not to:

List counterfeit, stolen, or prohibited items
Misrepresent an item's condition, size, or authenticity
Arrange swap terms off-platform in a way that avoids FitSwap's dispute process
Harass, threaten, or discriminate against other users
Attempt to manipulate ratings, create fake accounts, or otherwise abuse the platform's trust systems

Prohibited Items

No counterfeit goods, no items in violation of applicable law, no items requiring age verification to sell (e.g., alcohol-branded merchandise is fine; the alcohol itself is not — standard marketplace exclusions apply). See the full Trust & Safety Policy for the complete list and how violations are handled.

9.5 In-Person Meetup Disclaimer

FitSwap facilitates connections between users but has no control over, and assumes no responsibility for, the conduct of users during in-person meetups. Users meeting in person to complete a swap do so at their own risk and are encouraged to meet in public locations.

9.6 Intellectual Property in Listings

By uploading photos to your Closet, you grant FitSwap a non-exclusive, royalty-free license to display those photos within the Services for the purpose of operating the platform. You retain ownership of your own photos and content. Report a claim that another user's content infringes your copyright through the Copyright & IP Policy.

9.7 Limitation of Liability

To the fullest extent permitted by law, FitSwap is not liable for disputes between users, the condition or authenticity of swapped items beyond what's covered under Swap Protection, or any loss or damage arising from in-person meetups or independent shipping arrangements between users.

9.8 Dispute Resolution

A dispute over a specific swap (an item that never shipped, or one that arrived significantly different from its listing) is handled through the process in the Swap Protection Policy, not through this section.

For any other dispute between you and FitSwap arising out of these Terms, contact FitSwap's support team first and describe the issue — most disputes are resolved at this stage. If a dispute isn't resolved within 30 days of first being raised, either party may propose non-binding mediation before pursuing a claim in court.

FitSwap does not require binding arbitration for disputes with individual users, and nothing in these Terms waives your right to bring a claim in small claims court or to participate in a class proceeding. Any dispute not resolved informally or through mediation may be brought in the courts described in §9.11.

This is a deliberate choice, not an oversight: mandatory arbitration clauses that make it impractical for an individual to pursue a low-value claim have been struck down as unconscionable by Canadian courts (Uber Technologies Inc. v Heller, 2020 SCC 16), and several provinces' consumer-protection statutes independently restrict arbitration clauses and class-action waivers in consumer contracts.

9.9 Termination

FitSwap may suspend or terminate an account for violations of these Terms, the Trust & Safety Policy, or applicable law, consistent with the repeat-offender escalation ladder described there.

9.9a Fees and Commission

FitSwap does not charge for the swap itself. A shipping commission applies only when a swap is fulfilled by shipping — see the full Fees & Commission Disclosurefor exactly how it's calculated and when it's charged.

By saving a payment method, you authorize FitSwap to charge it — through our payment processor, Stripe — for shipping-label costs and FitSwap's commission each time you purchase a shipping label, and to issue refunds to that same payment method where the Swap Protection Policy calls for one.

9.10 Changes to These Terms

FitSwap may update these Terms from time to time. Material changes will be communicated via in-app notice or email, with the updated effective date reflected at the top of the Terms.

9.11 Governing Law

These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to §9.8, you and FitSwap each submit to the exclusive jurisdiction of the courts located in Alberta for any dispute not resolved informally or through mediation — except that either party may bring a qualifying claim in small claims court instead.

9.12 Indemnification

You agree to indemnify and hold FitSwap, its officers, employees, and agents harmless from any claim, demand, loss, or liability — including reasonable legal fees — arising out of your use of the Services, your listings, your conduct during a swap or meetup, or your violation of these Terms or applicable law. FitSwap may assume the exclusive defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with that defense.

9.13 Assignment

FitSwap may assign or transfer these Terms, in whole or in part, without restriction — including in connection with a merger, acquisition, financing, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without FitSwap's prior written consent.

9.14 Severability

If a court of competent jurisdiction finds any provision of these Terms unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will stay in full force and effect.

9.15 Notices

FitSwap may give you notice through the email address on your account or through an in-app notification; notice is considered given when sent. To send FitSwap a formal legal notice, contact legal@fitswapapp.com.

9.16 Force Majeure

FitSwap is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, labor disputes, internet or carrier service outages, or actions of a government authority.

9.17 Entire Agreement & Incorporation by Reference

These Terms, together with the Swap Protection Policy, Trust & Safety Policy, Fees & Commission Disclosure, Cookie Policy, Copyright & Intellectual Property Policy, and Privacy Policy — each incorporated into these Terms by reference — make up the entire agreement between you and FitSwap regarding the Services, and supersede any prior agreement on the same subject. If these Terms and a referenced policy directly conflict on a specific point, the more specific policy controls for that point.