Terms of Service

TERMS OF SERVICE

Effective from and last updated since: 22 May 2024

Welcome to Swap.gg!

Thank you for visiting our website https://swap.gg. Swap.gg is an online platform exploited by Swap.gg B.V., a Dutch company having its principle place of business at Sloterweg 796, (1066 CN) Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under number 85936200 (“Swap.gg”). For the avoidance of doubt, whenever hereafter reference is made to Swap.gg, Swap.gg B.V. is included in this reference.

If you have any concern, question or complaint you may contact us by email at info@swap.gg.

Swap.gg is operated through the Steam platform, which is owned by Valve Corporation. Swap.gg is not affiliated in any way with Valve Corporation and/or any of its affiliates. By using your Steam account on Swap.gg, you are solely responsible for ensuring your account complies with Steam's regulations and requirements.

Swap.gg is an online platform that allows its users to trade in-game items (virtual items) for use within games on the Steam platform between other Steam platform users (the “Services”). These general terms and conditions (the “Terms of Service”) apply to all our Services and govern the use of Swap.gg. By using Swap.gg you acknowledge and accept applicability of these Terms of Service, including future modifications thereof.

Please read these Terms of Service carefully before using the Service. By using or accessing the Service, you agree to all the terms and conditions stated in these Terms of Service and a service agreement between Swap.gg and you as a User (as defined hereafter) comes into force (the “Agreement”). If, at any time, you do not or cannot agree to these Terms of Service, you must stop accessing or using the Service.

All references in this policy to "we", "us", "our" refer to Swap.gg.

The use of any services provided by us or just access to its content gives the user the status of user (the “User”). All references in this policy to "you", "your" refer to the User.

  1. Conditions relating to use of the Service

    1. To use the services on Swap.gg, users must sign in via their Steam account on the Swap.gg website. Upon successful sign-in, your user account on Swap.gg will be automatically generated.

    2. No individual under the age of 18 may use the service, regardless of any consent from a parent or guardian. By accessing the website or using our services, you confirm that you are at least 18 years old or the age of majority in your jurisdiction. To ensure compliance with this requirement, we may request documentary proof of your age at any time. Failure to provide proof of age may result in the termination of your account without a refund for any balance.

    3. Swap.gg does not consider the provision of its service or the use of the Swap.gg online platform as an opportunity for users to engage in commercial activities. Swap.gg aims to enhance the enjoyment of Steam in-game items and connect Steam users by allowing them to explore and try an increasing variety of these items.

  2. Privacy

    1. Swap.gg is collecting information about your account through the Steam API (SteamID64, avatar, nickname, items sold and purchased), and is hereafter referred to as "Personally Identifiable Information" below. Swap.gg does not have access to your e-mail address or your password. Swap.gg will never share your private information with anyone as part of our privacy policy that further elaborates on this issue and can be found at https://swap.gg/privacy-policy .

    2. Personally Identifiable Information is used internally by Swap.gg to deliver, develop and improve products, content and Services, to which Users have subscribed, and to answer Users’ requests. In addition, Swap.gg may allow third parties performing services under contract with Swap.gg located in and outside the European Union, to access and use Personally Identifiable Information, but only to the extent necessary to provide the Service.

    3. External websites and companies with links to and from Swap.gg online sites and products may collect personally identifiable information about Users when Users visit their websites. Third party publishers may also collect personally identifiable information as a requirement of accessing their content. Swap.gg privacy policy does not extend to external websites and companies or third party publishers with links to or from Swap.gg products, services and online websites. Please refer directly to these companies and websites regarding their privacy policies.

  3. Fees and Payment

    1. Registering with Swap.gg is free of charge.

    2. Swap.gg may charge all applicable fees on purchases associated with your Swap.gg account. You are responsible for providing Swap.gg valid information for making and receiving payments.

    3. Swap.gg accepts no liability to complete any transaction which cannot be cleared by our payment processors, whether because there are no sufficient funds available on your credit card, issues related to identity or localization or otherwise. Swap.gg reserves its right to verify and approve any and all transactions made by you when using the Service. You expressly acknowledge and agree that such verifications may require you to provide Swap.gg with additional personal information in order to verify and confirm your identity and to perform verifications aimed to deter fraud and misuse of the Service. Swap.gg may suspend your account and contact you so you can provide Swap.gg with additional information required to process payments. Such suspension shall not relieve you from your obligation to pay any fees owed to Swap.gg.

    4. All funds stipulated in this Agreement and in the Service are expressed in United States dollar and include all applicable taxes. Swap.gg has no control over, influence on and responsibility for such conversions and transactions.

    5. Your payments may be delayed while Swap.gg validates your compliance with this Agreement. You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of virtual items. Initiating official disputes shall lead to the termination of your account. Questions with regard to certain transactions may be directed to info@swap.gg.

    6. You understand and agree that prices and fees may be updated daily. All previous prices, values, offers, and discounts become unavailable once removed from Swap.gg.

    7. You understand and agree that you are responsible for all fees and penalties associated with your account. Your account will be considered past due if not paid in full by the payment due date. You agree to pay all outstanding amounts immediately upon the cancellation or termination of your account.

  4. Registering

    1. The Services are intended for personal use only and must not be utilized for commercial purposes. You are prohibited from using our Services on behalf of someone else or through another person's account.

    2. All Users may register for a single account on Swap.gg. If you register for more than one account, we may terminate any or all of your accounts, and you may forfeit all rights and interests associated with those accounts.

    3. When registering on Swap.gg, you are responsible for providing true, accurate, and complete information. Failure to do so may hinder our ability to provide you with our services. If any information changes after registration, you must update it to ensure continued service. Your data is your responsibility: we are not liable for any issues arising from false, inaccurate, or incomplete information. It is your responsibility to keep your login information confidential and you are accountable for all activity under your account. If you discover or suspect unauthorized access to your account, please inform us immediately.

    4. If you fail to provide the required information, if we reasonably believe that you have provided false information, we may terminate your account.

    5. Acceptance of registration is subject to our sole discretion.

    6. We reserve the right to request proof of identity at any time and for any reason. This may include requiring you to submit a copy of your government-issued photo identification before using any feature of the Services. If you fail to provide current and complete documentation upon our request, we may deny or restrict access to Swap.gg or any of its features. This includes refusing redemptions, exchanges, other disposals of items, and account closures.

  5. Balance

    1. To use our Service, on-site money (the "Wallet Funds") is required. Wallet Funds can be obtained in the following ways: (i) adding skins, or (ii) completing a payment through one of our secure payment providers.

    2. By purchasing Wallet Funds for your wallet on Swap.gg, you acknowledge and agree that the Wallet Funds, denoted by the "$" sign, are non-transferable and do not constitute personal property. They have no value outside the Swap.gg website and can only be redeemed for virtual items on Swap.gg. The primary purpose of Wallet Funds is to access services on Swap.gg. Once added to your Swap.gg account, you may use Wallet Funds to purchase virtual items available on Swap.gg. If you purchase a virtual item marked as "withdrawable instantly," it will be immediately available for withdrawal to your Steam inventory. If you purchase a virtual item with a trade lock, the item will be reserved for you and will be available for withdrawal to your Steam inventory after the hold period expires.

    3. Swap.gg is not a banking institution. Replenishment of funds for your Wallet Funds is conducted through a third-party payment system, which is not managed by us. Users are generally required to provide their payment details and personal information directly to these payment service providers. Your interaction with the third-party payment system is not governed by us, and we do not address any claims you may have with any third-party payment system. Swap.gg is not involved in the collection and processing of such information; we only receive notification from the relevant payment service provider regarding the successful completion of a payment.

  6. Mistakenly or fraudulently credited items

    1. Any items that are mistakenly or fraudulently credited to your account remain our property and will automatically be deducted from your account upon confirmation of the error. Any items mistakenly or fraudulently credited to your account that have been withdrawn by you before confirmation of the error, will constitute a debt owed by you to us in the amount of such attributed item value.

  7. Obligations of the Service

    1. You may request a refund for your purchased Wallet Funds within fourteen days of purchase if you have not used any of those Wallet Funds. You will receive the refund through the same payment method you used to make the purchase.

    2. Refund requests shall be submitted and we shall assess refunds requests in accordance to rules and procedures set out in Swap.gg refund policy, which can be found at https://swap.gg/refund-policy.

  8. Fraudulent transactions

    1. If the purchase was not made by you and your payment credentials were used fraudulently, please contact our customer support by any means stated below as soon as possible. We will investigate the case and if the Wallet Funds have not been used and are still in our system you might be eligible for a refund accordance to rules and procedures set out in Swap.gg refund policy.

  9. Support

    1. Swap.gg will cooperate with the Users with regards to all questions that may arise regarding the appropriate provision of services on the Service. Communication shall proceed through the Services “Support” section.

    2. Swap.gg will provide the Users with technical support provided they encounter any problems in relation to the functionality of the Service or the User's account.

  10. Termination

    1. You may cancel (close) your Swap.gg account at any time by making a request via your account. In the event your account still holds a balance upon termination, such balance shall be deemed forfeited and shall be accrued to the balance of Swap.gg.

    2. If you breach this Agreement, Swap.gg will notify you thereof and may require you to remedy the breach within a reasonable time provided the breach can be remedied. In the event you fail to remedy the breach within the imposed timeframe the Agreement shall be deemed terminated immediately, without further notice or liability of Swap.gg, and your account shall be deactivated. In certain cases, we can, in our sole discretion, suspend or terminate access to your Swap.gg account and services without prior notice, for any reason. We have the right to deny services to anyone at any time.

    3. Swap.gg reserves the right to discontinue the Service temporarily or permanently at any time. Swap.gg will deploy commercially reasonable efforts to notify you of such discontinuation, for example, by posting updates and notices on various social media.

    4. Under no circumstances shall Swap.gg be liable for any damage of whatever nature and based on whatever ground, in the event the Service is temporarily or permanently, partially or fully suspended, discontinued or terminated by decision of Swap.gg or by acts of third parties, whether or not accountable to Swap.gg.

  11. Intellectual Proprietary Rights

    1. All right, title, and interest in and to the Service and the website are and shall remain the exclusive property of Swap.gg and third-parties providing facilities and technology for its operation. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.

    2. Users shall indemnify Swap.gg from any claims of third parties regarding or related to intellectual property infringement by such a User.

  12. Disclaimer of Warranty and Limitation of Liability

    1. To the full extent allowed by applicable law, Swap.gg makes no express or implied warranty or representation regarding the Service including items offered, sold and purchased, including that the Service including the aforementioned items will meet your requirements or will work in combination with any hardware or software provided by third parties, that the Service will be uninterrupted, without problems or error free, or that all errors in the Service will be corrected.

    2. Swap.gg provides the service “as is” and “as available”. You use the Service at your own risk, and the Service may be terminated at any time by Swap.gg or third parties providing facilities and technology for its operation. Swap.gg does not encourage or promote the commercial use of the Service and is under no circumstance liable for any loss or profit as a result of your use of the Service.

    3. To the full extent allowed by applicable law, Swap.gg’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited, to the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed.

    4. To the full extent allowed by applicable law, in no event shall Swap.gg and its suppliers or licensors have any liability, whether based in contract, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the Service, whether foreseeable or not, and even if Swap.gg had been advised of the possibility of such damages.

    5. You expressly agree that access to the Site and use of the services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that the Site or the services will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties.

  13. Indemnification

    1. You agree to defend, indemnify, and hold harmless Swap.gg, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.

  14. Amendments

    1. Swap.gg reserves the right to add, edit, or remove any part of these Terms of Service for various reasons, including legal compliance, commercial considerations, or customer service improvements. We will inform users of any changes by posting the updated Terms of Service on our website. It is your responsibility to review the Terms of Service regularly. If you disagree with any changes, please discontinue using the website. Continued use of the website after the revised Terms of Service take effect signifies your acceptance of these changes.

  15. Applicable law and settlement of disputes

    1. This Agreement shall be governed by and construed by the laws of the Netherlands.

    2. All disputes arising out of or in connection with the Agreement, or any agreement resulting therefrom, which cannot be settled amicably, shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.

  16. Miscellaneous

    1. This Agreement is the entire and exclusive agreement between Swap.gg and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Swap.gg and you regarding the Service.

    2. If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

    3. You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of Swap.gg which consent is within Swap.gg’s sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the parties (i.e. Swap.gg and an individual User) and their respective successors and assigns. Swap.gg shall be allowed to assign this Agreement to any third party without requiring your consent.

    4. Nothing in this Agreement shall constitute a partnership or joint venture between you and Swap.gg.

  17. Violations of law

    1. Access to Swap.gg and use of the services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Swap.gg and use the services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

  18. Force Majeure

    1. We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics, pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server , network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors. We will do everything possible and use all available resources to find ways in which we could fulfil our obligations despite the Force majeure.

  19. Authorization and permission to send emails to you

    1. You authorize us to email you notices, advertisements, and other communications. This authorization will continue until you request us to remove you from our email list.

  20. Compliance

    1. Swap.gg is available to Users located all around the world, so it is upon you to assess whether visiting our website or using our Services follows any local laws and regulations. You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access Swap.gg. Whenever you are visiting Swap.gg or using our Services you will need to comply with these Terms of Service and any applicable laws, regulations, and policies. If any part of Swap.gg or the Services are not in compliance with your local laws, you may not use our website and the Services. If you open an account or use Swap.gg while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service , and subject to having your account suspended or terminated without any notice to you.

    2. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We reserve the right to restrict access to Swap.gg in any jurisdiction.