1. Agreement to these Terms
These Terms of Service (“Terms”) are an agreement between you and the operator of the Bid Swipe Services (“Bid Swipe,” “we,” “us,” or “our”). By creating an account, accessing the Services, listing an item, hosting or joining a live show, bidding, buying, selling, or otherwise using the Services, you agree to these Terms, our Privacy Policy, SMS Terms, and Community & Safety Standards.
If you use Bid Swipe for an organization, you represent that you are authorized to bind that organization, and “you” includes that organization. If you do not agree, do not use the Services.
2. Eligibility and accounts
You must be legally capable of entering a binding contract and permitted to use marketplace features under applicable law. You may not use a suspended account or create an account to evade enforcement. You must provide accurate, current information; protect your credentials; use only accounts you are authorized to control; and promptly notify us of suspected unauthorized access.
Seller access may require identity, tax, phone, payment, bank, or other verification. We may use third-party providers to perform those checks and may limit features until verification is complete.
3. Bid Swipe’s marketplace role
Bid Swipe provides technology that helps users discover live shows, communicate, list items, place bids, make purchases, accept payments, coordinate shipping, and manage marketplace activity. Unless Bid Swipe expressly identifies itself as the seller of a particular item, the purchase contract is directly between buyer and seller. Sellers are responsible for their items, descriptions, condition disclosures, legal compliance, fulfillment, and promises. Buyers are responsible for evaluating listings and completing valid purchases.
Bid Swipe may facilitate payments, verification, shipping labels, support, moderation, refunds, or disputes, but is not the manufacturer, owner, authenticator, auctioneer of record, or guarantor of user-listed items unless expressly stated.
4. Seller obligations
When you list or sell an item, you represent and warrant that:
- You have the right to possess, advertise, sell, and ship the item.
- The listing and live presentation are accurate, not misleading, and disclose material condition, authenticity, defects, quantity, dimensions, restrictions, and included accessories.
- The item is not counterfeit, stolen, recalled, unlawful, infringing, unsafe, or prohibited by Bid Swipe policy.
- You will honor completed sales, follow the stated show and auction format, ship on time using accurate fulfillment information, and comply with applicable consumer, tax, advertising, auction, export, and product-safety laws.
- You will not manipulate bids, bid on your own item, coordinate shill bidding, cancel to avoid a completed sale, move a transaction off-platform, or misuse buyer information.
Bid Swipe may require evidence of ownership, authenticity, value, shipping, or compliance and may remove a listing or delay funds while reviewing risk.
5. Bids, purchases, and buyer obligations
A bid is an offer to buy under the listing and show terms. Unless the interface clearly allows withdrawal or applicable law requires otherwise, a winning bid creates a binding purchase obligation. A Buy Now selection creates a purchase at the displayed price. You authorize the applicable charge when you confirm the transaction.
You must review the listing, live presentation, price, shipping, taxes, and other terms before bidding or purchasing. You may not bid without intent or ability to pay, interfere with an auction, collude, manipulate price, misuse chargebacks, or ask a seller to complete the transaction outside Bid Swipe. Displayed countdowns, bid status, or live video may be affected by latency; the Services’ recorded transaction event controls unless we determine an error occurred.
6. Payments, fees, taxes, and payouts
Payment services may be provided by third-party processors under their terms and privacy policies. You authorize Bid Swipe and its providers to charge, hold, reverse, refund, or disburse amounts reasonably connected to a transaction, fees, taxes, disputes, chargebacks, returns, fraud review, or legal requirements. We may place reserves or delays on seller payouts where reasonably necessary.
Applicable prices, fees, commissions, shipping costs, taxes, and payout timing will be displayed or disclosed in the Services. Sellers are responsible for taxes and reporting obligations assigned to them by law. Purchases of physical goods are processed using methods appropriate for goods consumed outside the app; Bid Swipe does not use payment for physical goods to unlock digital content.
7. Shipping, returns, refunds, and disputes
Sellers must use accurate shipment details, appropriate packaging, and any required tracking. Risk allocation and title transfer are governed by applicable law and the transaction terms. Buyers should inspect deliveries promptly and report a material issue within the period shown in the Services. Eligibility for a refund, return, cancellation, or other remedy depends on the listing, Bid Swipe policies, transaction evidence, and applicable law.
Bid Swipe may review communications, listing history, shipping information, photos, video, payment records, and other relevant evidence. We may issue or deny remedies, reverse a payout, require a return, or take account action consistent with policy and law.
8. Live shows, chat, and user content
You retain ownership of content you create, but you grant Bid Swipe a worldwide, nonexclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, adapt for technical purposes, display, distribute, moderate, and promote that content as needed to operate, secure, improve, and market the Services. This license ends when the content is deleted except for copies reasonably retained in backups, legal records, transaction evidence, or content reshared by others.
You represent that you have necessary rights to your content and that it does not violate privacy, publicity, intellectual-property, or other rights. Live streams and chat are user-generated content. Use the in-app reporting and blocking tools for objectionable or abusive material. Bid Swipe may filter, limit, record, review, remove, or preserve content as permitted by law and policy.
9. Prohibited items and conduct
You may not use Bid Swipe to offer, promote, or transact in unlawful or dangerous items, counterfeit or stolen goods, weapons prohibited by policy, controlled substances, regulated goods without authorization, recalled products, pornography or sexual services, hate materials, personal data, malware, financial instruments prohibited by law, or items that infringe another party’s rights. Additional category rules may appear in the Services.
You may not harass, threaten, exploit, discriminate, deceive, impersonate, spam, scrape, reverse engineer, introduce malicious code, evade technical controls, misuse personal information, facilitate off-platform payment, manipulate ratings or engagement, or use the Services in a way that harms users, Bid Swipe, or the public.
10. Moderation, suspension, and account deletion
We may investigate suspected violations and may warn, remove content, restrict features, cancel or unwind transactions, hold funds where legally permitted, suspend or terminate accounts, and cooperate with legal authorities. We consider relevant context but do not promise any particular result or response time except where required by law.
You may request account deletion through the app or follow our account-deletion instructions. Deletion does not eliminate obligations arising before deletion. Limited information may be retained for transactions, taxes, fraud prevention, safety, disputes, legal claims, or enforcement as described in the Privacy Policy.
11. Communications
You consent to electronic service communications, including email, in-app notices, and push notifications. SMS messages require the consent described at the point of collection and are governed by our SMS Terms. Consent to promotional SMS is not a condition of purchase.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BIDSWIPE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT USER CONTENT, ITEMS, SELLERS, BUYERS, AUTHENTICITY, CONDITION, VALUE, SHIPPING, OR TRANSACTIONS WILL MEET YOUR EXPECTATIONS.
Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.
13. Limitation of liability and indemnity
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDSWIPE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, DATA, GOODWILL, OR OPPORTUNITY; OR USER CONDUCT, ITEMS, LISTINGS, LIVE CONTENT, TRANSACTIONS, OR THIRD-PARTY SERVICES. ANY AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF AMOUNTS YOU PAID DIRECTLY TO BIDSWIPE IN THE 12 MONTHS BEFORE THE CLAIM OR $100, EXCEPT WHERE LAW REQUIRES A DIFFERENT RESULT.
You agree to defend, indemnify, and hold those parties harmless from claims, losses, and expenses arising from your content, listings, sales, purchases, use of the Services, violation of these Terms, or infringement of another party’s rights, to the extent permitted by law.
14. General terms
We may update these Terms by posting a revised version and providing additional notice when required. Continued use after the effective date constitutes acceptance. We may assign these Terms in connection with a reorganization, financing, merger, acquisition, or asset transfer. You may not assign them without our consent. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder stays in effect. Failure to enforce a provision is not a waiver.
Applicable law governs these Terms, without overriding non-waivable consumer rights. Courts with lawful jurisdiction over the operator and dispute may hear claims unless the parties agree to another lawful resolution process.
Questions may be sent to info@bidswipe.com.