Terms of Service

1. Acceptance & Eligibility

By creating an account or using the Platform, you confirm that:

• You are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy
• You will create only one account per person; identity verification may be enforced via our KYC provider (Didit)
• An account is required to create listings, make offers, or participate in trades on the Platform

If you do not agree to these Terms, you must not access or use the Platform. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Account Responsibilities

When you create an account on Trade Up, you agree to:

• Provide accurate, current, and complete information during registration and keep your profile information up to date
• Maintain the security of your credentials (password, authentication tokens) and not share your account with others
• Accept responsibility for all activity that occurs under your account, whether or not you authorized it
• Notify us immediately at support@tradeupmarket.com if you suspect unauthorized access to your account
• Complete identity verification when required for certain features, such as listing high-value items or exceeding transaction thresholds

Trade Up reserves the right to suspend or terminate accounts that violate these Terms, provide false information, or engage in fraudulent activity.

3. Marketplace Rules

How the Marketplace Works

Trade Up is a peer-to-peer marketplace where users can list items for trade, sale, or a combination of both. Users can:

• Create listings with photos, descriptions, categories, and asking prices
• Make offers on listings: cash-only, trade-only, or cash + trade combinations
• Accept, decline, or counter offers from other users

Trade Up's Role

Trade Up facilitates connections between buyers and sellers but is not a party to any transaction. We do not:

• Guarantee the condition, authenticity, legality, or value of any item listed on the Platform
• Guarantee that a trade will be completed successfully
• Take possession of, inspect, or verify items being traded

Users are solely responsible for inspecting items, agreeing to trade terms, and completing transactions. We strongly recommend meeting in safe, public locations for in-person exchanges.

Prohibited Items

The following items are strictly prohibited from being listed or traded on the Platform:

• Illegal goods or items that violate applicable laws
• Weapons, firearms, ammunition, or explosives
• Controlled substances, drugs, or drug paraphernalia
• Stolen property
• Hazardous materials
• Counterfeit or replica goods
• Living creatures (animals, plants requiring permits)

Trade Up reserves the right to remove any listing that violates these rules and to suspend or terminate the accounts of repeat offenders.

4. In-Person Meeting Safety

Risk Acknowledgment

BY USING THE TRADE UP PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT USING AN INTERNET-BASED MARKETPLACE INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF MEETING WITH STRANGERS. TRADE UP DOES NOT INVESTIGATE THE CRIMINAL BACKGROUNDS OF ITS USERS BEYOND OPTIONAL IDENTITY VERIFICATION (KYC) AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT, IDENTITY, OR INTENTIONS OF ANY USER.

YOU ARE SOLELY RESPONSIBLE FOR TAKING APPROPRIATE PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING OTHER USERS IN PERSON. TRADE UP IS NOT RESPONSIBLE FOR ANY HARM, INJURY, LOSS, OR DAMAGES THAT MAY RESULT FROM IN-PERSON MEETINGS OR TRANSACTIONS ARRANGED THROUGH THE PLATFORM.

Safety Recommendations

We strongly recommend the following precautions when meeting other users in person to complete a trade:

• Meet in public, well-lit places — choose locations such as police station lobbies, shopping center food courts, or other busy public areas
• Bring someone with you — never go alone to meet a stranger; bring a friend or family member
• Meet during daylight hours — schedule exchanges during the day when visibility is good
• Tell someone your plans — share the meeting location, time, and the other user's profile with someone you trust
• Trust your instincts — if something feels wrong, cancel the meeting; no trade is worth your safety
• Inspect items before completing the trade — verify condition and authenticity in person before finalizing

5. AI Features Disclaimer

Trade Up incorporates artificial intelligence features to enhance your experience. By using these features, you acknowledge and agree:

• AI-powered listing suggestions (descriptions, categories, pricing estimates) are provided as-is and for convenience only
• AI trade analysis is advisory only and does not constitute financial, professional, or legal advice
• You should independently verify all AI-generated suggestions, descriptions, and valuations before relying on them
• Trade Up is not liable for any decisions made based on AI-generated content or recommendations
• Premium AI features may be gated behind a subscription in the future; any pricing changes will be communicated in advance

6. Content & Intellectual Property

Your Content

You retain ownership of all content you post on the Platform, including photos, descriptions, and other materials ("User Content"). By posting User Content, you grant Trade Up a non-exclusive, worldwide, royalty-free, sublicensable license to:

• Display, distribute, and reproduce your content within the Platform to facilitate marketplace functionality
• Use your content for marketing and promotional purposes (e.g., featuring listings in advertisements or social media)
• Create derivative works as necessary for technical display (e.g., image resizing, format conversion)

This license terminates when you delete your content or your account, except for content that has been shared with other users or incorporated into completed transactions.

Content Responsibilities

• You must not post content you do not own or have the right to use
• Content is subject to automated moderation (including Google Cloud Vision SafeSearch) to detect inappropriate material
• Trade Up may remove content that violates these Terms or our community guidelines without prior notice

Trade Up's Intellectual Property

The Platform, including its design, logos, trademarks, source code, and proprietary features, is owned by TradeUp Market and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Platform without our prior written consent.

7. Communication Guidelines

Trade Up provides in-app messaging to facilitate trade-related communication between users. When using our messaging features:

• Use messaging for trade-related communication (discussing items, negotiating offers, coordinating exchanges)
• Do not send harassment, hate speech, threats, or spam of any kind
• Avoid sharing external contact information for the purpose of circumventing the Platform (this helps protect both parties in a transaction)
• Do not use messaging to solicit for external services, promote unrelated products, or distribute unsolicited advertisements

Trade Up may monitor messages for safety and policy enforcement purposes. We reserve the right to restrict messaging privileges for users who violate these guidelines.

Safety Tips

We encourage all users to review our safety guidelines before engaging in trades or meeting other users. For detailed safety recommendations, see Section 4: In-Person Meeting Safety above.

8. Prohibited Conduct

You agree not to engage in any of the following activities on the Platform:

• Fraud and misrepresentation — posting misleading listings, misrepresenting item condition or authenticity, or engaging in scams
• Fake accounts and impersonation — creating multiple accounts, impersonating other users, or using false identities
• Manipulation — artificially inflating ratings, reviews, or listing metrics
• Circumventing verification — bypassing or attempting to bypass identity verification requirements
• Money laundering — using the Platform to launder money or facilitate other financial crimes
• Automated access — using bots, scrapers, crawlers, or other automated tools to access the Platform without our prior written permission
• Platform interference — attempting to disrupt, overload, or interfere with the operation of the Platform or its infrastructure
• Violating laws — using the Platform in any way that violates applicable local, state, national, or international laws or regulations

Violations may result in immediate suspension or termination of your account, removal of content, and potential legal action.

9. Limitation of Liability

Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRADE UP DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADE UP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Disputes between users, including disagreements over item quality, authenticity, value, or delivery
• Losses or damages arising from trades, offers, or transactions conducted through the Platform
• Any indirect, incidental, special, consequential, or punitive damages
• Service interruptions caused by third-party providers (including but not limited to hosting, payment processing, or authentication services)
• Loss of data, profits, or business opportunities related to your use of the Platform

IN NO EVENT SHALL TRADE UP'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO TRADE UP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Trade Up and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms or any applicable law or regulation
• Your content, listings, or any material you post or transmit through the Platform
• Any dispute between you and another user of the Platform
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights

This indemnification obligation will survive the termination of your account and these Terms.

11. Dispute Resolution

Between Users

If you have a dispute with another user, we encourage you to resolve it directly. Trade Up support is available to help mediate disputes but is not obligated to intervene or resolve any dispute between users.

Between You and Trade Up

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in the State of California, and the arbitrator's decision shall be final and binding.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST TRADE UP.

Arbitration Opt-Out

You may opt out of the binding arbitration provision within 30 days of first accepting these Terms by sending a written notice to support@tradeupmarket.com with the subject line "Arbitration Opt-Out." Your notice must include:

• Your full name
• The email address associated with your Trade Up account
• A clear statement that you wish to opt out of the arbitration provision

Opting out of arbitration will not affect any other provision of these Terms or your ability to use the Platform. If you do not opt out within the 30-day period, you will be bound by the arbitration provision.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

12. Modifications & Termination

Changes to These Terms

Trade Up reserves the right to modify these Terms at any time. When we make material changes, we will notify you via email or in-app notification at least 30 days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms.

Account Termination by You

You may delete your account at any time through the app (Settings → Account → Delete Account) or by contacting us at support@tradeupmarket.com. Upon deletion, your data will be handled in accordance with our Privacy Policy.

Account Suspension or Termination by Trade Up

We may suspend or terminate your account, without prior notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or pose a risk to other users or the Platform. Upon termination:

• Your access to the Platform will be revoked
• Active listings will be removed and pending trades will be cancelled
• Data retention and deletion will follow our Privacy Policy

13. Beta / Early Access

Trade Up is currently in a beta / pre-launch phase. By participating in the beta program (including TestFlight and waitlist access), you acknowledge and agree:

• Features may be added, changed, or removed at any time without notice
• The Platform may experience downtime, bugs, or data loss during the beta period; service availability is not guaranteed
• Feedback you provide during the beta may be used to improve the Platform without compensation or attribution
• Beta-specific features or pricing may not carry over to the general release
• Your participation in the beta program does not guarantee continued access to the Platform

We appreciate your help in testing and improving Trade Up. Your feedback is invaluable to building a better marketplace.

14. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: support@tradeupmarket.com
• Website: tradeupmarket.com