Terms of Use & Privacy Policy

Last updated: November 12, 2025

This page explains the terms that govern your use of SwapMySkill and how we process personal data.

Terms of Use

1) About SwapMySkill (Marketplace-Only)

SwapMySkill (“we”, “us”, “our”) operates an online platform and marketplace where users can
offer, sell, purchase, or swap skills, and arrange live or recorded sessions (“Services”).
We are a marketplace facilitator only. We do not employ, manage, supervise, direct, control, endorse, or guarantee any user
or any Services offered by users on the platform.

We solely facilitate contact and bookings between users. We do not enter into, or become a party to, any economic or contractual
relationship between buyers and sellers/swappers, whether the consideration is money, a skill swap, or any other form of value.

NO AGENCY; NO PARTNERSHIP. Nothing in these Terms creates any partnership, joint venture, employment, or agency
relationship between SwapMySkill and any user. Users are independent actors solely responsible for their conduct and output.

2) Acceptance of Terms

By accessing or using SwapMySkill, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction),
you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the platform.

3) User Accounts

• You must provide accurate, current information during registration and keep it updated.
• You are solely responsible for safeguarding your login credentials and for all activities under your account.
• We may suspend or terminate accounts for violations of these Terms or applicable law, or for risk/fraud prevention.

4) Marketplace Status & No Involvement in Transactions

We are not a party to transactions between buyers and sellers/swappers. We do not create, provide, perform,
or control user Services; we do not set prices; we do not resolve performance issues; we do not guarantee outcomes.

ALL TRANSACTIONS, PAYMENTS, COMMUNICATIONS, DELIVERABLES, SCHEDULES, AND RESULTS ARE STRICTLY BETWEEN USERS.
Any dispute, claim, refund, chargeback, cancellation, rescheduling, quality, safety, or legal compliance matter is strictly between the users involved.
SwapMySkill is not the seller of record, does not act as an escrow, and has no payment obligation toward any user.

For the avoidance of doubt, we do not have, and do not assume, any direct economic relationship or tax role between buyers and
sellers/swappers. Amounts paid by buyers are, in substance, paid to the relevant seller/swapper, and any involvement of
SwapMySkill or its payment providers is purely to technically facilitate the transaction.

5) Fees, Payments & Taxes

• We may charge a service fee on purchases or other transactions processed via the platform. Current consumer-facing fees are displayed at checkout or on the product page.
• As a seller, you generally receive the full listed service price for a completed transaction, minus any bank or payment processing fees charged by third-party providers. SwapMySkill is not responsible for such third-party fees and cannot guarantee the exact net amount you receive.
• Payments may be processed by third-party providers. By using them, you agree to their terms and policies.
• Taxes & VAT: Buyers and sellers/swappers are solely responsible for assessing, reporting, and paying all VAT, sales tax,
  income tax, and any other taxes that may arise from their activity on SwapMySkill – including both paid transactions and
  non-monetary swaps. SwapMySkill does not calculate, collect, or remit taxes on behalf of users and does not act as a tax
  agent, employer, or seller of record for any user.
• We may issue or withhold payouts to sellers subject to verification, fraud checks, chargebacks, or legal requirements.

6) Cancellations, Refunds & Chargebacks

Our general policy is that refunds and cancellations are governed by the seller’s stated terms (if any) and by applicable law.
Where permitted, chargebacks may result in reversal of payouts and additional fees to the seller. SwapMySkill may, at its sole discretion,
facilitate a resolution but is under no obligation to do so and bears no liability for the outcome.

7) User Responsibilities

• Provide Services with reasonable care and in compliance with applicable laws.
• Do not offer or request illegal, unsafe, or prohibited activities.
• Do not infringe third-party rights (IP, privacy, publicity, etc.).
• Do not upload malware or attempt to hack, scrape, or disrupt the platform.
• Respect other users and avoid harassment, discrimination, or abusive conduct.

8) Content Ownership & Licenses

You retain ownership of content you upload (“User Content”). You grant SwapMySkill a non-exclusive, worldwide,
royalty-free license to host, store, reproduce, display, and technically modify User Content solely as necessary to operate the platform.

You represent and warrant that you have all rights necessary to grant the above license and that your User Content is lawful.

9) Reviews & Ratings

We may allow reviews or ratings. We are not responsible for user reviews, and we may remove content that violates policies,
without any obligation to do so.

10) Prohibited Uses

• Illegal activities, dangerous services, or regulated services without proper authorization.
• Hate speech, harassment, exploitation, or explicit content prohibited by law.
• Fraud, spam, or deceptive practices.
• Reverse engineering, scraping, or interfering with platform operations.

11) Third-Party Services (Strengthened)

The platform may link to or integrate third-party tools (e.g., payment processors, video platforms, analytics).
We do not control and are not responsible for their content, performance, availability, security, or compliance.
Your use of such services is governed by their own terms and privacy policies. Use at your own risk.

12) Security; Hacking & Data Incidents

We implement reasonable technical and organizational measures; however, WE DO NOT GUARANTEE ABSOLUTE SECURITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM LIABILITY FOR ANY UNAUTHORIZED ACCESS, HACKING, DATA LOSS,
DATA LEAK, SERVICE INTERRUPTION, MALWARE, OR SECURITY BREACHES affecting your account, devices, or communications.

13) No Professional Advice

Services provided by users are not vetted or guaranteed by SwapMySkill. The platform does not provide legal, medical, financial,
or other professional advice. USE OF SERVICES IS AT YOUR SOLE RISK.

14) No Warranty & No Guarantee (Reinforced)

THE PLATFORM AND ALL USER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS, WARRANTIES,
OR GUARANTEES OF ANY KIND—EXPRESS, IMPLIED, OR STATUTORY—INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR RELIABILITY, OR AS TO THE COMPETENCE, QUALIFICATION, OR
BACKGROUND OF ANY USER, OR THE QUALITY, TIMING, SAFETY, OR LEGALITY OF ANY SERVICE.

15) Limitation of Liability (Reinforced)

TO THE FULLEST EXTENT PERMITTED BY LAW, SWAPMYSKILL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, REPUTATION HARM),
OR FOR ANY DAMAGES RELATED TO USER CONDUCT, USER SERVICES, TRANSACTIONS, DISPUTES BETWEEN USERS, SECURITY INCIDENTS, OR FORCE MAJEURE.

Our total aggregate liability for any claim arising out of or relating to the platform shall not exceed the greater of
USD 50 or the total fees paid to us by you in the three (3) months preceding the event giving rise to liability.

16) Indemnification

You agree to defend, indemnify, and hold harmless SwapMySkill and its affiliates, officers, employees, and agents
from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to
your use of the platform, your User Content, your Services, or your violation of these Terms or applicable law.

17) Suspension & Termination

We may suspend or terminate access, remove content, or restrict features at any time for policy breaches, legal requirements,
fraud prevention, risk control, or technical/security reasons.

18) Changes to the Platform & Terms

We may modify the platform and update these Terms from time to time. We will post the updated date at the top of this page.
Continued use after updates constitutes acceptance of the revised Terms.

19) Governing Law & Disputes

Select applicable country:
DenmarkZimbabwe

These Terms are governed by the laws of Denmark, and any dispute shall be resolved exclusively in
Copenhagen, Denmark (Københavns Byret), unless otherwise required by mandatory law.

If you are an EU consumer, you may also access the EU online dispute resolution platform at
ec.europa.eu/consumers/odr.

20) Entire Agreement

These Terms, together with the Privacy Policy, are the entire agreement between you and SwapMySkill regarding the platform.

21) No Employment, Supervision, or Monitoring

SwapMySkill does not supervise, monitor, direct, or control the manner or method of any user’s Services.
Users are solely responsible for verifying qualifications and ensuring Services meet their expectations and comply with applicable standards or regulations.

22) User Verification Disclaimer

Unless explicitly stated, we do not perform background checks or identity verification.
Users are solely responsible for conducting due diligence and for any decisions to engage with other users.

23) Service Availability & Uptime

We do not guarantee continuous, uninterrupted, or error-free operation of the platform.
Maintenance, updates, failures of third-party services, or technical issues may cause temporary unavailability.

24) Force Majeure

We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control,
including but not limited to natural disasters, power outages, cyberattacks, pandemics, labor disputes, governmental actions,
acts of third parties, or network/hosting failures.

25) No Responsibility for User Losses

To the maximum extent permitted by law, SwapMySkill shall not be responsible for any losses, claims, injuries, or damages
arising out of or relating to interactions, communications, or transactions between users, including errors, omissions,
negligence, misrepresentations, or failure to perform by any user.

Privacy Policy

1) Controller & Contact

SwapMySkill is the data controller for personal data processed through this website and platform.
Contact: support@swapmyskill.app

2) What Data We Collect

• Account data: name, email, password (hashed), profile info, skills, languages, location (country/city if provided).
• Transaction data: products purchased, sessions booked, fees, dates, limited payment metadata from processors.
• Usage data: device info, IP address, approximate location, logs, analytics events, cookies.
• Communications: messages you send to us or other users via the platform (where applicable).
• Content: profile picture, descriptions, portfolio/material you upload.

3) Legal Bases (GDPR)

• Contract – to provide and operate the platform, process orders, manage accounts.
• Legitimate interests – to protect security, prevent fraud/abuse, analyze usage, improve services.
• Consent – for optional features like certain cookies/marketing.
• Legal obligation – to comply with tax, accounting, and regulatory requirements.

4) How We Use Data

• Provide, maintain, and improve the platform and user experience.
• Process payments/payouts via third-party providers.
• Enable user-to-user communications and transactions.
• Prevent fraud, ensure security, and enforce Terms.
• Send transactional notices (receipts, confirmations); with consent, send marketing.

5) Sharing & Transfers

• Processors: hosting, analytics, email, customer support, payment processing, video/communication tools.
• Other users: profile data and content you choose to make public will be visible to others.
• Legal: disclosures required by law or to protect rights, safety, and security.
• International transfers: where data leaves the EEA/UK, we rely on appropriate safeguards (e.g., SCCs) where required.

6) Retention

We retain personal data for as long as necessary to provide the service, comply with legal obligations, resolve disputes, and enforce agreements.
Retention periods vary by data type and purpose.

7) Your Rights

Subject to law, you may have the right to access, rectify, erase, restrict, or object to processing, and to data portability.
You can withdraw consent at any time (where consent is the basis). To exercise rights, contact
support@swapmyskill.app. You may also lodge a complaint with your local data protection authority.

8) Security

We use reasonable technical and organizational measures to protect personal data. However, no method is 100% secure.
We cannot guarantee absolute security, and we disclaim liability for incidents beyond our reasonable control.

9) Children

The platform is not intended for individuals under 18. We do not knowingly collect data from children.

10) Changes to this Policy

We may update this Privacy Policy from time to time. We will adjust the “Last updated” date accordingly.

Cookies & Similar Technologies

We use cookies and similar technologies for authentication, security, preferences, analytics, performance, and (where enabled) marketing.

• Strictly necessary: required for login, navigation, security.
• Analytics/performance: to understand usage and improve features.
• Preference: to remember settings such as language.
• Marketing (optional): only with your consent where required.

You can manage non-essential cookies via your browser or (where provided) our cookie banner controls. Blocking some cookies may impact functionality.

Contact

For questions about these Terms or our Privacy practices, contact us at
support@swapmyskill.app.

This template is provided for general informational purposes only and does not constitute legal advice.
Obtain advice from qualified counsel in your jurisdiction to finalize this document.