SwapU Terms of Service

Version: 2.0
Last Updated: June 18, 2026
Effective Date: June 18, 2026

1. ACCEPTANCE OF TERMS

By accessing or using SwapU (the "Platform"), creating an account, or using any of our services, you ("you", "your", "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform.

Age Requirement: By accepting these Terms, you confirm that you are at least 18 years of age and have the legal capacity to enter into binding contracts under Australian law.

2. SERVICE DESCRIPTION

2.1 What SwapU Is

SwapU is a PLATFORM that connects vehicle owners in Australia who wish to exchange vehicles directly with each other. We provide:

Listing and discovery tools for finding potential swap matches
AI-powered coordination assistance (Nicholas AI)
Communication tools between swap parties
Assistance preparing the documents you will need (Swap Agreement, Bill of Sale, Odometer Declaration)
Guidance and resources for safe vehicle swapping

2.2 What SwapU Is NOT

SwapU is NOT:

A vehicle dealer, broker, or agent
A party to any swap transaction between users
A guarantor of vehicle condition, value, or legal status
A financial institution or licensed escrow agent
A professional advisor (legal, financial, or mechanical)
An insurance provider or warranty provider
Responsible for the outcome of any swap transaction

Critical Understanding: SwapU facilitates connections between users. All transactions occur directly between users. SwapU has no control over and does not guarantee the existence, quality, safety, or legality of vehicles listed on the Platform.

3. USER RESPONSIBILITIES

3.1 Due Diligence

You are solely responsible for:

Verifying vehicle condition through in-person inspection
Checking vehicle ownership via PPSR (Personal Property Securities Register) report
Confirming legal status (no liens, encumbrances, or stolen status)
Test driving vehicles before committing to swap
Hiring professional inspections (mechanic, valuation expert)
Reviewing service records and vehicle history
Confirming roadworthiness and registration status

SwapU does NOT verify vehicles. You swap at your own risk.

3.2 Safety

You are solely responsible for your safety when:

Meeting other users in person
Test driving vehicles
Inspecting vehicles
Completing swap transactions

Safety Requirements:

Meet in public places (police stations, busy shopping centers)
Never meet at private residences
Tell a friend or family member where you're going
Verify the other party's identity
Bring a friend if possible
Trust your instincts - if something feels unsafe, leave

SwapU is NOT responsible for your physical safety during in-person meetings or transactions.

3.3 Accurate Information

You agree to provide:

Truthful and accurate vehicle descriptions
Current and correct photos of your vehicle
Honest disclosure of known defects or issues
Accurate personal information
Legitimate contact details

Prohibited:

Listing stolen vehicles
Listing vehicles you don't own
Misrepresenting vehicle condition
Fraudulent or deceptive conduct
Impersonating another person

3.4 Legal Compliance

You are responsible for:

Complying with all vehicle transfer laws in your state
Paying applicable stamp duty and transfer fees
Completing required registration transfers
Arranging appropriate insurance
Paying any taxes related to the swap
Obtaining necessary legal or financial advice

4. DISCLAIMERS

4.1 No Warranties

SwapU provides the Platform "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

Warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy of information
Uninterrupted service

4.2 Vehicle Disclaimers

SwapU does NOT guarantee, warrant, or represent:

Vehicle condition - vehicles may have hidden defects
Vehicle value - valuations may be inaccurate
Vehicle ownership - vehicles may be stolen or encumbered
Vehicle legality - vehicles may have outstanding finance or legal issues
Successful swaps - transactions may fail to complete
User truthfulness - users may provide false information

4.3 AI Disclaimer

Nicholas AI (our AI coordination assistant):

Provides general guidance only, not professional advice
May make mistakes or provide incomplete information
Cannot predict outcomes or guarantee success
Is not a substitute for legal, financial, or mechanical expertise
Does not verify information provided by users

You should consult qualified professionals (lawyers, accountants, mechanics) for specific advice related to your situation.

4.4 Third-Party Content

SwapU is not responsible for:

User-generated content (listings, messages, photos)
Links to third-party websites (PPSR, insurance providers)
Third-party services (inspections, valuations)
Actions or omissions of other users

5. LIMITATION OF LIABILITY

5.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

SwapU's total liability to you for any claims arising from your use of the Platform is limited to the LESSER OF:

$100 AUD, or
The fees you paid to SwapU in the 12 months preceding the claim

5.2 Exclusion of Damages

SwapU is NOT liable for:

Vehicle defects - mechanical issues, hidden problems, misrepresented condition
Fraudulent users - scams, stolen vehicles, identity fraud
Failed transactions - swaps that don't complete, payment disputes
Physical injury - harm during in-person meetings or test drives
Property damage - damage to vehicles or personal property
Financial losses - lost money, lost time, opportunity costs
AI errors - incorrect advice, bad recommendations
Service interruptions - downtime, bugs, data loss
Indirect damages - consequential, incidental, punitive, or special damages

5.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights that cannot be excluded under the Australian Consumer Law. Where the Australian Consumer Law implies a guarantee into these Terms that cannot be excluded, our liability is limited to (at our option):

Supplying the services again, or
Paying the cost of having the services supplied again

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SwapU, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of the Platform
Your vehicle listings or swap transactions
Your violation of these Terms
Your violation of any law or regulation
Your violation of any third party's rights
Your negligence or misconduct
Content you post on the Platform
Your in-person meetings with other users

7. FEES AND PAYMENTS

7.1 The Coordination Fee

SwapU charges one fee only — the coordination fee.

The coordination fee is $100 AUD (inclusive of GST). It is authorised on your card when you commit to coordinating a swap and is captured only once coordination proceeds — your card is not charged while the authorisation is pending. If the swap is marked as not proceeding within 2 days (48 hours) of the fee being captured, the fee is refundable less the 3% payment-processing fee, which you absorb; after that window the fee is non-refundable. In some cases where the other party withdraws after capture, SwapU may issue the amount as non-transferable SwapU account credit instead of a cash refund. SwapU never holds, transfers, or escrows any cash exchanged between the swapping parties — any cash adjustment you agree is paid directly between you.

The coordination fee is paid by the instigator (the party who starts the swap); the invitee pays nothing.

7.2 Payment Terms

The coordination fee is in Australian Dollars (AUD) and inclusive of GST
Payment is processed via Stripe (third-party payment processor); SwapU does not store your card details
You agree to Stripe's terms and conditions
SwapU does not hold or escrow any cash exchanged between you and your swap partner

7.3 Refund Policy

See the separate Payment Terms document for full detail. In summary:

Before capture (you cancel, your partner raises a concern, or the 48-hour window lapses): no charge at all
Within 48 hours of capture, if the swap is marked not proceeding: refundable less the 3% processing fee, which you absorb
After 48 hours from capture: non-refundable

8. DISPUTE RESOLUTION

8.1 Disputes Between Users

You are solely responsible for resolving disputes with other users, including:

Payment disagreements
Vehicle condition disputes
Failed swap transactions
Misrepresentations or fraud

Process:

Raise it directly with the other party first
Contact SwapU support - we may offer mediation (not arbitration)
Seek legal advice - consult a lawyer if unresolved
Legal action - pursue through courts if necessary

SwapU is NOT:

A mediator or arbitrator (unless we volunteer to help)
Responsible for resolving user disputes
Liable for outcomes of disputes

8.2 Disputes with SwapU

If you have a dispute with SwapU:

Contact us first - legal@swapu.com.au
Attempt informal resolution - we'll work with you in good faith
Formal dispute - if unresolved, subject to Australian law

Governing Law: These Terms are governed by the laws of Queensland, Australia.
Jurisdiction: Any legal action must be brought in the courts of Queensland, Australia.

9. ACCOUNT TERMINATION

9.1 Termination by SwapU

We may suspend or terminate your account immediately, without notice, if you:

Violate these Terms
Engage in fraudulent activity
List stolen or encumbered vehicles
Abuse or harass other users
Manipulate the Platform
Conduct illegal activity
Pose a safety risk to others

9.2 Termination by You

You may close your account at any time by contacting support@swapu.com.au.

9.3 Effect of Termination

Upon termination:

Your access to the Platform ends immediately
Your listings are removed
Your data retained per our Privacy Policy (12 months)
Outstanding fees remain payable
These Terms survive termination (indemnification, liability, disputes)

10. INTELLECTUAL PROPERTY

10.1 Platform Ownership

SwapU retains all rights, title, and interest in:

The Platform and its software
SwapU name, logos, and trademarks
AI technology and algorithms
Design, layout, and user interface

10.2 User Content

You retain ownership of content you post (listings, photos, messages). By posting content, you grant SwapU a worldwide, non-exclusive, royalty-free license to:

Display your content on the Platform
Use your content for marketing (with permission)
Store and process your content
Allow other users to view your content

11. PRIVACY AND DATA PROTECTION

11.1 Privacy Policy

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference.

11.2 Data Collection

We collect:

Account information (email, phone, name)
Vehicle information (listings, photos, details)
Usage data (search history, interactions)
Communication data (messages, AI conversations)

See Privacy Policy for full details.

11.3 Australian Privacy Act Compliance

We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

12. AI-GENERATED CONTENT

12.1 Nicholas AI

Our AI assistant (Nicholas AI) provides:

Swap coordination guidance
Matching suggestions
Timeline recommendations
Document preparation assistance

12.2 AI Limitations

Nicholas AI:

Provides general information only, not professional advice
May generate incorrect or incomplete information
Cannot verify user data or vehicle information
Does not create a fiduciary duty or advisory relationship

12.3 User Responsibility

You must:

Verify all AI-generated information independently
Not rely solely on AI advice for critical decisions
Consult professionals for legal, financial, or technical matters
Understand AI has limitations and may make mistakes

13. MODIFICATIONS TO TERMS

13.1 Right to Modify

We may update these Terms at any time. Changes effective upon:

Posting updated Terms on the Platform
Emailing you notice of changes (if material changes)

13.2 Continued Use

Your continued use of the Platform after changes constitutes acceptance of updated Terms.

13.3 Material Changes

For material changes, we will:

Notify you via email
Require re-acceptance before continued use
Provide comparison of changes

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms constitute the entire agreement between you and SwapU regarding the Platform.

14.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

14.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

14.4 Assignment

You may not assign these Terms. We may assign them to a successor or affiliate.

14.5 Force Majeure

We're not liable for delays or failures due to events beyond our reasonable control.

15. CONTACT INFORMATION

SwapU
Email: legal@swapu.com.au
Support: support@swapu.com.au
Address: Brisbane, Queensland, Australia

For questions about these Terms, contact legal@swapu.com.au.

16. ACKNOWLEDGMENT

By clicking "I Accept" or by using the Platform, you acknowledge that:

✓ You have read and understood these Terms
✓ You agree to be bound by these Terms
✓ You are at least 18 years of age
✓ You understand SwapU is a platform, not a party to swaps
✓ You are responsible for your own due diligence and safety
✓ You understand the risks of vehicle swapping
✓ AI advice is general guidance, not professional advice
✓ You will verify all information independently

END OF TERMS OF SERVICE

These Terms are a draft prepared for implementation and will be reviewed by a qualified lawyer before final public launch.