Terms of Service

Gear Swap App is a software tool that helps Organizations run a gear swap or consignment-sale event: collecting seller registrations, tagging and tracking items, running checkout stations, calculating each seller's cut versus the Organization's fundraiser cut, and generating reports. Gear Swap App is a record-keeping and coordination tool. It is not a marketplace, payment processor, escrow service, or party to any sale between a buyer and a seller at your event.

This is important, so we're stating it plainly: when someone buys an item at your event, that money changes hands directly between the buyer and your Organization (cash, a card reader, or whatever method your Organization uses) — not through Gear Swap App. We never receive, hold, or transmit any portion of your event's sale proceeds. The app calculates what's owed to each seller and lets your Organization track whether that payout has been made, but actually collecting money from buyers and paying out sellers is entirely your Organization's responsibility, outside the app.

The only payment Gear Swap App itself processes is your Organization's own fee to use the service, described below.

An Organization's administrator creates an account to set up and manage their event. Event-day staff (volunteers at intake and checkout stations) may access limited, event-scoped tools using a shared PIN provided by the administrator, rather than individual accounts. You're responsible for keeping your login credentials and any shared PINs reasonably secure, and for everything that happens under your account or PIN, including entries made by your volunteers.

Gear Swap App charges a one-time fee for an Organization's first event, based on the pricing tier selected at signup (see our Pricing page for current rates). This is not a recurring subscription — a second or later event may be subject to its own fee under then-current pricing. Payment is processed by Stripe, a third-party payment processor; by paying, you also agree to Stripe's own terms governing that transaction.

All fees are non-refundable once paid. This includes situations where an Organization decides not to hold its event, holds a smaller event than planned, or otherwise doesn't use the full extent of the service.

Your Organization is solely responsible for: the accuracy of information entered into the app (event details, pricing, item descriptions, and so on); complying with any laws, tax obligations, or nonprofit/fundraising rules that apply to your event; actually collecting payment from buyers and distributing payouts to sellers; and any agreements, policies, or representations your Organization makes to its own sellers and buyers (for example, rules about unsold-item pickup or donation). Gear Swap App is not a party to, and has no responsibility for, the relationship between your Organization and the people who register, sell, or buy at your event.

Using Gear Swap App, your Organization will collect personal information about sellers and buyers — names, phone numbers, email addresses, and similar details submitted through registration forms or entered by your volunteers. As between you and Gear Swap App, your Organization is responsible for that data: for having a lawful basis to collect it, for using it only for your event, and for honoring any requests from those individuals (for example, to correct or delete their information). Gear Swap App stores this data on your Organization's behalf to provide the service, and handles it as described in our Privacy Policy.

You agree not to use Gear Swap App to:

• Violate any law, or the rights of any third party;
• Submit false, misleading, or fraudulent information about an event, item, or person;
• Attempt to access another Organization's data, accounts, or event stations without authorization;
• Interfere with or disrupt the service, or attempt to bypass any security or rate-limiting measure; or
• Use the service for anything other than organizing a legitimate gear swap, consignment sale, or similar fundraising event.

Gear Swap App and its original content, features, and functionality are owned by us and are protected by applicable intellectual property laws. These Terms don't grant you any right to use our name, branding, or trademarks without our prior written consent. You retain ownership of the data you and your Organization submit (event details, member records, item listings), and grant us a license to host, process, and display that data as needed to provide the service to you.

Gear Swap App is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We don't guarantee that the service will be uninterrupted, error-free, or available at all times — including during your event itself.

To the fullest extent permitted by law, Gear Swap App will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of revenue, profits, or data, arising from your use of the service — including any dispute over sale proceeds, seller payouts, or event operations, which (as described in Section 2) happen outside the app and outside our control. Our total liability for any claim arising from these Terms or the service will not exceed the amount your Organization paid us in the twelve months before the claim arose.

You agree to indemnify and hold Gear Swap App harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising from your Organization's use of the service, your event, your handling of sale proceeds or seller payouts, or your violation of these Terms.

We may suspend or terminate your access to the service if we reasonably believe you've violated these Terms. You may stop using the service at any time. Sections of these Terms that by their nature should survive termination (including Sections 2, 5, 9, 10, and 11) will continue to apply.

We may update these Terms from time to time. If we make material changes, we'll update the "Last updated" date above and, where practical, notify account administrators. Continued use of the service after a change takes effect means you accept the updated Terms.

These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-law principles. Any dispute arising from these Terms or the service will be resolved in the state or federal courts located in Oregon, and you consent to that jurisdiction.

Questions about these Terms? Reach us at support@gearswapapp.com.