Terms of Service & Privacy Policy
Last updated: 3/12/2026
1. Agreement to Terms
By accessing or using The Cloth Swap platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.
2. Eligibility
You must be at least 18 years old to use this Service. By using the Service, you represent that:
- You are at least 18 years of age
- You have the legal capacity to enter into binding contracts
- You will comply with all applicable laws and regulations
- All information you provide is accurate and current
3. User Accounts
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.
4. Listing Items
When listing items on the Service, you represent and warrant that:
- You own the items or have the right to list them
- Items are accurately described and photographed
- Items meet our quality standards (gently used, clean, functional)
- Items do not infringe on intellectual property rights
- Items are not counterfeit, stolen, or prohibited
Prohibited Items:
- Counterfeit or replica items
- Items with visible damage, stains, or excessive wear
- Undergarments or swimwear (unless new with tags)
- Items that violate intellectual property rights
- Hazardous or illegal items
5. Swapping & Credits System
The Cloth Swap uses a credit-based system for exchanges. When you list an item that is claimed, you receive credits that can be used to claim other items.
- Credits have no cash value and cannot be redeemed for money
- Credits are non-transferable between accounts
- We reserve the right to adjust credit values at our discretion
- Credits may expire after a period of account inactivity
- Fraudulent activity may result in credit forfeiture
6. Shipping & Delivery
When an item is claimed:
- The lister is responsible for shipping the item within [X] business days
- Items must be shipped with tracking information
- Items must be packaged securely to prevent damage
- Shipping costs are [specify who pays or how it's handled]
We are not responsible for lost, stolen, or damaged items during shipping. Users are encouraged to purchase shipping insurance for valuable items.
7. Returns & Disputes
All swaps are final. However, if an item is significantly not as described or arrives damaged, you may file a dispute within [X] days of delivery.
To file a dispute, contact us at support@theclothswap.com with:
- Order/swap details
- Photos of the item received
- Description of the issue
We will review disputes on a case-by-case basis and may issue credit refunds or facilitate returns at our discretion.
8. User Conduct
You agree not to:
- Violate any laws or regulations
- Infringe on intellectual property rights
- Harass, abuse, or harm other users
- Post false, misleading, or fraudulent content
- Attempt to manipulate the credit system
- Use automated systems to access the Service
- Interfere with the operation of the Service
- Collect user data without permission
9. Intellectual Property
The Service and its content (excluding user-generated content) are owned by The Cloth Swap and protected by copyright, trademark, and other intellectual property laws.
By posting content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to:
- Use, reproduce, and display your content on the Service
- Modify and adapt your content for technical requirements
- Use your content for promotional purposes
You retain ownership of your content and may remove it at any time.
10. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind.
We disclaim all warranties, including but not limited to:
- Merchantability and fitness for a particular purpose
- Accuracy, reliability, or completeness of content
- Uninterrupted or error-free operation
- Security of data transmission
We do not guarantee the quality, safety, or legality of items listed by users. Users interact at their own risk.
11. Limitation of Liability
To the maximum extent permitted by law, The Cloth Swap shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
This includes damages for:
- Loss of profits, data, or goodwill
- Service interruption or unavailability
- Errors or omissions in content
- Unauthorized access to your account
- Conduct of other users
- Lost, stolen, or damaged items
Our total liability shall not exceed the amount of credits in your account or $100, whichever is less.
12. Indemnification
You agree to indemnify and hold harmless The Cloth Swap, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Content you post to the Service
- Items you list or swap
13. Privacy Policy
Information We Collect:
- Account information (name, email, shipping address)
- Profile information and preferences
- Item listings and photos
- Transaction and swap history
- Communications with us and other users
- Usage data and analytics
How We Use Your Information:
- Provide and improve the Service
- Process swaps and transactions
- Communicate with you about your account
- Send promotional materials (with your consent)
- Prevent fraud and ensure security
- Comply with legal obligations
Information Sharing:
We do not sell your personal information. We may share information with:
- Other users (as necessary for swaps)
- Service providers who assist our operations
- Law enforcement when required by law
- Business partners with your consent
Your Rights:
- Access and download your data
- Correct inaccurate information
- Delete your account and data
- Opt out of marketing communications
- Object to certain data processing
14. Dispute Resolution
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with [Arbitration Association] rules, rather than in court.
You waive your right to participate in class action lawsuits or class-wide arbitration. Each party may only bring claims in an individual capacity.
[Note: Consult with an attorney about arbitration clauses and class action waivers, as they may not be enforceable in all jurisdictions]
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to conflict of law principles.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.
17. Termination
We may suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. You may terminate your account at any time by contacting us.
Upon termination:
- Your right to use the Service immediately ceases
- We may delete your account and content
- Outstanding swaps must be completed
- Unused credits will be forfeited
18. Contact Information
For questions about these Terms, please contact us:
- Email: hello@theclothswap.com
- Support: support@theclothswap.com
- Legal: [legal email address]
Important: This document is a template and must be reviewed by a qualified attorney before use. It does not constitute legal advice. Laws vary by jurisdiction, and your specific business needs may require additional or different provisions. Consult with legal counsel to ensure compliance with applicable laws and adequate protection for your business.