Terms and Conditions

SWAPPYVERSE – TERMS AND CONDITIONS OF SALE Last updated: October 31, 2023

Thank you for using SWAPPYVERSE. Below, you can read our Terms and Conditions of Use, which, along with the special conditions, privacy policy, cookie policy, legal notice, and applicable regulations, govern our relationship. We hope everything is clear, useful, practical, and comprehensive. At SwappyVerse, we strive to make our community understand the legal conditions that establish the rules of our relationship, even though laws are becoming increasingly complex.

These Terms and Conditions of Use (hereinafter, “Terms and Conditions”) establish the conditions under which users are offered access to the website, services, and application of SwappyVerse (hereinafter, the “Service”).

Using the Service grants the user the status of a user of the Service (hereinafter, the “User”) and implies full acceptance of these Terms and Conditions. If you do not agree with all or part of these Terms and Conditions, you must refrain from using and/or installing the Service.

By accepting these Terms and Conditions, you declare:

• To have read, understood, and comprehended the above.
• To comply with all obligations and to know your rights as set forth in this document and as established by current regulations.
• To be of legal age and have the legal capacity to use the Service.

The acceptance of these Terms and Conditions by users is a preliminary and essential step for using the Service. SwappyVerse reserves the right to update and/or modify the Terms and Conditions at any time and for any reason at its sole discretion. SwappyVerse will communicate to users any substantial modification of the Terms and Conditions or the Service. By accessing or using the Services after SwappyVerse has notified the user of a modification or update, the user agrees to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to the user, the user must discontinue the use of the Services.

1.- Definitions

• Items: Refers to the products/objects that users advertise in the Catalog for exchange/barter.
• Catalog: Refers to the electronic catalog of items that users have published for exchange/barter with another user’s item through the application. The Catalog features various categories of items.
• User: Refers to any person who purchases or wishes to purchase our premium service and has created an account on the application.
• Service Content: Refers to works, protected performances, and any content or element protected by intellectual and industrial property rights used in the Service. It includes, among others, text, photographs, graphics, images, icons, technology, software, databases, and other audiovisual or sound content, as well as the related graphic design and source codes used in the Service.
• User Content: Refers to works, protected performances, and any other element protected by intellectual or industrial property that the user enters into the Service.
• Consumer Code: Refers to Legislative Decree 206/2005 in force since October 23, 2005 (Legislative Decree 206/2005), which approves the revised text of the General Consumer and User Protection Law and other related laws (link to the decree).
• Service: Refers to access and use of the application’s services.
• Subscription Service: Service consisting of a specific performance that varies depending on the chosen subscription. To learn more about the subscription, click here.
• Website: Refers to the Swappyverse website, the official Swappyverse application, and any other means of access to the Swappyverse platform. This includes services and all the content, tools, features, and functions offered on or through it.
• Terms and Conditions: Refers to the Terms and Conditions of Use included in this text and available at the following link here.
• Base User: SwappyVerse user who acts for a purpose other than their commercial, business, craft, or professional activity, including legal persons and non-profit entities without legal personality that operate in areas unrelated to their commercial or business activity.
• Premium User: SwappyVerse user who acts for a purpose other than their commercial, business, craft, or professional activity, including legal persons and non-profit entities without legal personality that operate in areas unrelated to their commercial or business activity, offering goods or services to base users or premium users through our platform. These users are identified on the platform by the image of a diamond and the wording “PREMIUM” in their SwappyVerse profile.

2.- Introduction

2.1.- Service Owner

The owner and holder of the service is Digital Asset, srl (hereinafter, “Swappyverse”), Registered office: Via Colombara 7 – 36030 Sarcedo (VI) Tax code / VAT number / Milan Business Register: 04223550247

REA Vicenza No. 388592 – CAP. SOC. EU 1,000.00 iv.

2.2.- Service

Swappyverse is an online marketplace provider that offers the community an electronic platform that enables users to post ads, access these ads and their content, and make exchanges (for simplicity, “exchange”) or barter of items through it.

Swappyverse solely provides the community with a space to interact, and in no case does Swappyverse buy or sell goods, nor provide the advertised services.

In this way, Swappyverse is essentially an ad posting service that connects advertisers and interested parties so they can, as far as possible, transact on the services offered on Swappyverse.

2.3.- Registration Requirement

In order to use the Service, the user must first register and accept these Terms and Conditions, the special conditions mentioned above, and the privacy policy. The user must also decide whether to accept the use of non-mandatory cookies.

The data entered must be accurate, up-to-date, and truthful. As a registered user, you are responsible at all times for keeping your password secure, taking responsibility for any damages arising from its improper use, as well as from its transfer, disclosure, or loss, and you must immediately inform Swappyverse if you have reason to believe that your password has been or may be used without authorization. In any case, Swappyverse is not responsible for the custody and use of the accounts of its users.

3.- Rules for Using the Service

**3.1.- The user undertakes to use the Service in compliance with the law, good manners, public order, and these Terms and Conditions. The user also agrees to make appropriate use of the Service and not to use it for illegal or criminal activities that violate the rights of third parties or any rule of law.

**3.2.- The user undertakes not to transmit, input, disseminate, and/or make available to third parties any kind of material and information (products, objects, data, content, messages, designs, audio and image files, photographs, software, etc.) that are contrary to the law, good manners, public order, and these Terms and Conditions. For example, the user undertakes to:

• Not enter or disseminate content or propaganda of a racist, xenophobic, or pornographic nature or that incites terrorism, armed conflicts, hatred, or violates human rights.
• Not disseminate, transmit, or make available to third parties any kind of information, element, or content that violates the fundamental rights and public freedoms recognized by the Constitution and international treaties.
• Not disseminate, transmit, or make available to third parties any type of illegal or unfair advertising.
• Not send unsolicited or unauthorized advertising, promotional material, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in areas (such as commercial spaces; for example, the “My Benefits” section in the “My Data” of the app) intended exclusively for this purpose.
• Not enter or disseminate false, misleading, ambiguous, or inaccurate information that misleads or may mislead recipients of the information.
• Not impersonate other Service users or transmit account access data or passwords to third parties without Swappyverse’s consent.
• Not disseminate, transmit, or make available to third parties any type of information, element, or content without the authorization of the owners of the intellectual and industrial property rights that may apply to such information, elements, or content.
• Not disseminate, transmit, or make available to third parties any type of information, element, or content that violates the regulations on the confidentiality of communications and personal data.
• Not disseminate, transmit, or make available to third parties photographs or any representation or image of minors.
• Not post product ads that require a medical prescription or must be administered under the supervision of a medical professional (doctor, dentist, optometrist, optician, pharmacist, or veterinarian), as well as products that can affect individual health (with contraindications, interactions, etc.) and perishable products of any kind.
• Have a health authorization for posting ads related to health activities (you must provide the registration number or registration number of the center).
• Not make false or repeatedly incorrect reports.
• Properly use Swappyverse services. For example, not creating user accounts to take advantage of service promotions or to avoid paying professional subscriptions.
• It is prohibited to extract or reuse part or all of the content of the Swappyverse Services without our explicit written consent. In particular, the use of search engines and data acquisition for the extraction (single or on multiple occasions) of substantial parts of Swappyverse Services for reuse purposes is prohibited without our explicit written consent.

**3.3.- The user undertakes to hold Swappyverse harmless from any claims, fines, penalties, or sanctions that Swappyverse may be forced to suffer due to the user’s failure to comply with any of the above rules of use. Swappyverse also reserves the right to request compensation for any damages that may be due.

4.- Responsibilities

**4.1.- SwappyVerse is a company that acts as a mere intermediary between users who offer proposals for the exchange of items/objects. Therefore, Swappyverse does not own any of the items published or exchanged through its platform and is not a party to the exchange agreement transaction carried out solely between users, nor does it review or validate the items that users offer through the Service. Therefore, Swappyverse will not be directly or indirectly responsible, or subsidiarily, for damages of any kind arising from the use and negotiation of the content and activities of users and/or third parties through the Service, or for the lack of legality, reliability, usefulness, truth, accuracy, completeness, and timeliness of the same. In other words, Swappyverse acts solely as a provider of an online marketplace and will in no case be part of the contractual relationship that may occur between registered users on the platform.

In no case does Swappyverse act or operate as a seller or (re)seller of goods and/or services marketed through its platform.

**4.2.- By way of example and not exhaustively, Swappyverse will not be liable for damages of any kind arising from:

• The use of the Service by users or the status, origin, possible inaccuracy, or falsity of the data provided by users or the items offered through the Service.
• The content, information, opinions, and statements of any user or third parties or entities that are communicated or displayed through the Service (including sending images via chat).
• The use that users may make of Service materials, whether prohibited or allowed, in violation of intellectual and/or industrial property rights, confidential information, Service content, or third-party rights.
• Acts of unfair competition and unlawful advertising.
• Any loss of user data for reasons not attributable to the Service.
• Minors’ access to content included in the Service.
• Unavailability, errors, lack of access, and lack of continuity of the Service.
• Failures or incidents that may occur in communications, cancellations, or incomplete transmissions.
• The malfunction or problems with the user’s provided email address.

**4.3.- Swappyverse will be responsible to the user solely and exclusively for the Services provided directly to the user (subscription service).

**4.4.- Users must comply with all applicable laws, regulations, and rules when using the website.

**4.5.- Swappyverse reserves the right to block user accounts, temporarily or permanently, preventing the use of the Service by any user who violates any of the rules established in these Terms and Conditions, the law, good manners, or public order.

4.6.- Users are fully responsible for all the information they publish, input, or transmit through the website, as well as for the items they offer or transfer to other users. By accepting these Terms and Conditions, users acknowledge and accept that they are fully responsible for the items uploaded to the platform, as well as the information provided through descriptions, photographs, and statements made to other users, and the accuracy of other details provided. Furthermore, users are solely responsible for the transactions conducted (understood as exchanges or barter) with other users and any disputes that may arise from them.

4.7. – Base Users are informed that some of the advertisers who offer their goods and services on Swappyverse are Premium Users. These Users can be identified by checking their profile, which includes the “PREMIUM” designation.

4.8. – Users are informed that users identified as “Premium Users” also have the status of Base Users. In transactions, understood as item exchanges, where the Premium User is also a consumer (as is the Base User), the exchange will be governed by the laws of the Italian Civil Code.

4.9. – Users are informed that, in the event of a dispute or conflict with Swappyverse during the use of the platform or any of the services subject to the contract, they can contact Swappyverse through this form. In cases where the dispute persists or the user is not satisfied with the response provided by Swappyverse, the user may resort to alternative dispute resolution methods, such as the European Online Dispute Resolution Platform accessible through the following link.

5. • Content and Services Linked Through the Service

5.1. – The Service may include technical linking devices, directories, and even search tools that allow the user to access other web pages and Internet portals, such as, for example, in the “My Advantages” section contained in the user profile (“My Data”) of the app (hereinafter, “Linked Sites”).

5.2. – The user acknowledges and accepts that access to Linked Sites will be at their sole risk and responsibility and releases Swappyverse from any liability for any infringements of the intellectual or industrial property rights of the owners of the Linked Sites. Similarly, the user releases Swappyverse from any liability for the technical availability of the Linked Sites, the quality, reliability, accuracy, and/or truthfulness of the services, information, elements, and/or content that the user can access.

5.3. – In such cases, Swappyverse will be responsible for the content and services provided by the Linked Sites only to the extent that it is actually aware of their illegality and has not diligently disabled the link. In the event the user believes that there is a Linked Site with illegal or inappropriate content, they can notify Swappyverse, without this notification implying, in any case, the obligation to remove the corresponding link.

5.4. – In no case does the existence of Linked Sites imply the formalization of agreements with the operators or owners of these sites, nor the recommendation, promotion, or identification of Swappyverse with the statements, content, or services provided. Swappyverse is not aware of the content and services of Linked Sites and, therefore, will not be directly or indirectly responsible for any damages caused by illegality, quality, obsolescence, unavailability, error, or uselessness of the content and/or services of Linked Sites, or any other damages not directly attributable to Swappyverse.

6. • Intellectual and Industrial Property

6.1. – The industrial and intellectual property rights over the works, protected performances, and any content or elements with intellectual and industrial property rights used in the Service (the “Service Content”) belong to the legitimate owners. Users will not acquire any intellectual or industrial property rights or any licenses to use these elements through the use of the Service.

6.2. – The Service Content includes texts, photographs, graphics, images, icons, technology, software, databases, and other audiovisual or sound content, as well as their graphic design and source codes used in the Service. This list is for illustrative purposes and is not exhaustive.

6.3. – The text, images, graphics, audio files, animation files, video files, software, and the appearance of the Swappyverse website and its corresponding application are protected by intellectual and industrial property rights. These elements cannot be validly and legitimately copied or distributed for commercial use, nor can they be modified or inserted into other websites without the prior and explicit authorization of their respective owners.

6.4. – The user declares to be the exclusive owner of all rights to the works, protected performances, and any other elements protected by intellectual or industrial property rights that they insert into the Service (hereinafter, the “User Content”).

6.5. – The user grants to Swappyverse, free of charge and exclusively, the rights of public communication, reproduction, distribution, and transformation it holds over the User Content, in all forms of exploitation existing at the date of acceptance of these Terms and Conditions, for the entire duration of the rights assigned, on a global territorial scope.

6.6. – Swappyverse does not represent or maintain any commercial relationship with the brands that users may advertise in the Service.

7. • Publication of Advertisements

7.1. – Users are not allowed to publish ads that violate the law, public morality, public order, and these Terms and Conditions (for example, the usage rules of the Service included in section 3 of these terms). When publishing their ads, users must take into account several considerations, including the following:

• Posting ads with sexually explicit images is not allowed.
• Advertising related to sex, eroticism, fetishism, as well as massage, companionship, or friendship services is not allowed.
• Posting pyramid schemes or similar schemes is not allowed.
• Posting images or descriptions that do not correspond to the actual item offered is not allowed.
• Posting images of minors is not allowed.
• Advertising related to animals is not allowed.
• There may be a maximum limit for the number of products that can be posted for free in certain categories.

7.2. – In any case, when posting their ads, users must adhere to the posting rules. SwappyVerse reserves the right to remove any ad that violates these rules.