Terms of Service
Last updated: October 6, 2026 · Version 2.5
1. Acceptance of Terms
By accessing or using the YardSwaps application, website, or any related services (collectively, the “Platform”), you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, Acceptable Use Policy, and End User License Agreement. If you do not agree to all of these terms, do not use the Platform. These Terms constitute a legally binding agreement between you and YardSwaps LLC (“YardSwaps,” “we,” “us,” or “our”).
2. Eligibility and Age Gate
You must be at least 18 years old and legally able to form binding contracts to use the Platform. At signup we require your date of birth solely to enforce the age gate; we validate the gate server-side and do not store your birthdate (see Privacy Policy §1). By creating an account, you represent and warrant that you are at least 18 and meet the other requirements above. If you are using the Platform on behalf of a business, you represent that you have authority to bind that entity to these Terms.
Affirmative consent.Account creation requires you to affirmatively check boxes acknowledging these Terms and our Privacy Policy. We record the timestamp, IP address, and user agent of that consent for audit purposes. We do not accept “continued use equals consent” for the initial signup; you must take the affirmative step.
3. Description of Service; Neutral Marketplace
YardSwaps is an online marketplace for buying, selling, and discovering industrial and commercial equipment, parts, and accessories — including hydro jetters, vacuum trucks, pumps, restaurant gear, refrigeration, and related machinery. We provide the technology platform for users to list, search, communicate about, and transact equipment. YardSwaps does not own, possess, inspect, appraise, store, ship, or guarantee any listed item, and is not a party to any transaction between users. All sales are directly between buyer and seller. YardSwaps does not act as an auctioneer, broker, escrow agent, dealer, importer, or seller of record. Listings are not endorsements; the appearance of a listing on the Platform does not imply that YardSwaps has reviewed or approved the equipment or the user.
3a. Section 230 / Interactive Computer Service
YardSwaps is an “interactive computer service” as defined in 47 U.S.C. § 230(f)(2). Listings, descriptions, photos, messages, profile content, and any other material provided by users are information provided by another information content provider as defined in 47 U.S.C. § 230(c)(1). YardSwaps is not the publisher or speaker of user-generated content. We may remove, restrict, or refuse content at our discretion under 47 U.S.C. § 230(c)(2), but the absence of removal does not constitute endorsement, approval, or verification.
3b. No Agency, Employment, or Partnership
Nothing in these Terms creates any agency, employment, partnership, joint venture, franchise, or fiduciary relationship between YardSwaps and any user (buyer, seller, or dealer). Dealers and sellers operate their own independent businesses; they are not employees, contractors, agents, or representatives of YardSwaps. Buyers contract directly with sellers.
3c. Off-Platform Transactions and In-Person Meetings
Transactions, deliveries, inspections, and in-person meetings between users happen off-platform and entirely at the users’ own risk. YardSwaps does not arrange, supervise, observe, record, or insure any in-person meeting. We strongly recommend meeting in public, well-lit locations during daytime hours, bringing a second person, inspecting equipment before paying, and using traceable payment methods. YardSwaps disclaims any and all liability arising from any in-person interaction between users, including bodily injury, property damage, theft, robbery, assault, or fraud.
4. User Accounts and Account Deletion
You must provide accurate, current, and complete information when creating an account. You are solely responsible for maintaining the confidentiality and security of your account credentials. You must immediately notify us of any unauthorized use of your account. You may not create multiple accounts, share accounts, or transfer your account to another person. We reserve the right to reclaim usernames and dealer slugs.
Account deletion.You can permanently delete your account at any time from Account → Settings on web, or from the corresponding screen in the mobile app. Because deletion is destructive and cascades through your listings, messages, ratings, orders, and subscriptions, we require you to re-enter your current password to confirm. If you signed up with Google or Apple (and never set a password), you must contact support@yardswaps.com to confirm deletion via email. See Privacy Policy §4 for retention windows after deletion.
5. Listings and Transactions
Sellers are solely responsible for the accuracy and legality of their listings, including descriptions, photos, pricing, condition, specifications, and compliance with all applicable laws. Sellers must have legal title to all items listed.
Buyers are responsible for independently evaluating items before purchase. Equipment should be inspected in person whenever possible.
YardSwaps is not a party to any transaction. All purchases, sales, payments, shipping, and returns are between the buyer and seller. We do not guarantee the quality, safety, legality, or accuracy of any listing.
6. Fees, Payments, Boost Refunds, and Sales Tax
Creating an account and listing equipment is free. We charge optional fees for listing boosts (a one-time per-listing promotion fee), YardSwaps Pro (a monthly subscription for unlimited AI scans), and dealer subscriptions. Payment processing is provided by Stripe, Inc. under Stripe’s terms.
Boost refunds. Listing-boost fees are non-refundable once the listing has appeared in boosted placement, with one automatic exception: if a listing is rejected by our moderation system after a boost has been paid, the boost charge is refunded automatically to the original payment method. You do not need to request the refund. If you delete a listing you have boosted, the unused portion of the boost is forfeited.
Dealer subscription refunds.Dealer subscription fees are non-refundable for the current billing period when you cancel; see §7 for the click-to-cancel mechanism.
YardSwaps Pro refunds.YardSwaps Pro renews monthly until you cancel. You can cancel at any time from Manage billing (Account → Billing & plans), without speaking to a representative. Pro fees are non-refundable for the current billing period when you cancel; unlimited AI scans remain available until the end of the paid period.
Unauthorized charges. If you see a YardSwaps charge you did not make or authorize, email support@yardswaps.com with the date and amount of the charge. We will investigate, and a charge you did not authorize is refunded to the original payment method. You can also dispute the charge with your card issuer.
YardSwaps does not handle, escrow, hold, or transmit payments between buyers and sellers. The buyer pays the seller directly using whatever method the parties agree on (cash, check, ACH, wire, financing). YardSwaps is nota marketplace facilitator under any state’s sales-tax statute, and does not collect, remit, or report sales tax. Sellers are solely responsible for collecting and remitting any applicable sales, use, excise, or other taxes and for any required tax filings, licenses, permits, or registrations.
7. Dealer Accounts and Subscriptions (Click-to-Cancel)
A free business account includes a public storefront page, unlimited listings, 30-day storefront stats, bulk upload, and an inventory feed. The paid dealer plan, billed monthly or, where offered, yearly, adds unlimited AI scans, unlimited AI description rewrites and spec-sheet lookups, longer storefront stats with CSV export, a buyer demand report, priority inventory feed syncing, AI price guidance on imported units, and inclusion of your storefront in our sitemap. Once a payment on the subscription has succeeded (or YardSwaps approves the account) and your business phone is confirmed, it also adds the verified dealer badge, which means your listings skip the automated review that otherwise runs after posting and your inventory feed is not limited in how many new units it adds per sync. Unlimited features are for normal business use and are subject to fair-use limits that stop automated abuse. Every listing, on any account, is published when you post it.
Monthly dealer boosts: Each month you have paid for (each paid monthly invoice, or each month of a paid yearly subscription) includes 5 dealer boosts. A dealer boost places one live listing at the same level as a paid 7-day boost for 7 days. Unused dealer boosts expire when the next month starts and have no cash value. They are not included during the free trial and stop when the subscription ends. If a payment is refunded or charged back, the unused dealer boosts for the month it paid for are removed.
Free trial: The first time an account subscribes to the dealer plan, the subscription starts with a free trial (currently 90 days). Your card is collected at signup, and the subscription converts to the price shown at checkout (monthly or yearly) when the trial ends unless you cancel before then. During the trial you get the dealer plan features except the verified dealer badge and monthly dealer boosts, which start with the first successful payment (the badge sooner if YardSwaps approves the account). Later subscriptions are charged immediately.
Auto-renewal disclosure:Dealer subscriptions auto-renew at the end of each billing period at the same price (unless changed with at least 30 days’ advance notice). Your payment method on file will be charged automatically. You will receive an emailed receipt for each renewal.
Click-to-cancel:You can cancel your dealer subscription at any time through Manage billing (Account → Billing & plans) in the same way you signed up, without speaking to a representative. Cancellation stops the next renewal but does not retroactively refund the current period. The dealer badge and dealer plan features remain active until the end of the paid period (month or year).
Dealer verification indicates only that the account holder has a paid dealer plan, or was approved by YardSwaps, and has confirmed a phone number; it does not constitute an endorsement, recommendation, background check, license verification, or guarantee by YardSwaps of the dealer, their products, their inventory, or their business practices.
8. Prohibited Conduct
You may not: list stolen, counterfeit, or illegal items; post fraudulent or misleading listings; harass, threaten, or discriminate against other users; attempt to circumvent platform fees or controls; scrape, data-mine, or reverse-engineer the Platform; use the Platform for spam or unsolicited advertising; impersonate another person or entity; or use the Platform for any illegal purpose. See our Acceptable Use Policy for the full list.
8a. Automated Content Moderation (AI)
When you submit a listing, our system runs an automated content-moderation check via a third-party AI service (Anthropic Claude) to detect prohibited categories (consumer electronics, fashion items, firearms, etc.) and surface obvious spam. A listing may be auto-rejected, auto-flagged for human review, or auto-approved based on this check. The check is described in more detail in the Privacy Policy §9.
Appeal. If you believe your listing was rejected in error, edit and resubmit, or email support@yardswaps.com with the listing ID and a brief explanation. A human reviewer will assess the appeal, typically within 2 business days.
Scope.The moderation check evaluates only listing-posting outcomes. It does not affect your account access, your ability to message other users, your saved searches, or any other Platform feature. It is not used to grant or deny credit, employment, housing, insurance, education, or any essential good or service. It therefore is not “profiling that produces legal or similarly significant effects” under California, Colorado, Connecticut, or other state privacy laws.
8b. Data Rights and Privacy Controls
Our Privacy Policy explains exactly what we collect, how we share it, and how long we keep it. The Platform provides self-service tools to exercise your data rights:
• Download your data — visit /api/auth/export while signed in for a complete JSON export.
• Opt out of PostHog analytics and data sharing: visit /do-not-sell-or-share or rely on your browser’s Global Privacy Control signal, which we honor automatically. Neither turns off HeyCatch analytics, which runs on every website visit (see the Privacy Policy).
• Delete your account — see §4 above.
• Correct profile information— edit at any time in Account settings.
For state-specific Data Subject Access Requests, email privacy@yardswaps.com and reference your state of residence. We respond within 45 days as required by CCPA, VCDPA, CPA, CTDPA, UCPA, and similar state laws.
9. Content and Intellectual Property
You retain ownership of content you post on the Platform. By posting content, you grant YardSwaps a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content solely in connection with operating and promoting the Platform. You represent that you have all necessary rights to grant this license. The YardSwaps name, logo, and all related trademarks are our property.
10. Copyright and DMCA
We respect intellectual property rights. If you believe content on the Platform infringes your copyright, please send a DMCA takedown notice to legal@yardswaps.com including: a description of the copyrighted work, the URL of the infringing content, your contact information, a statement of good faith belief, and a statement under penalty of perjury that your notice is accurate.
11. Equipment Safety Disclaimer
Industrial and commercial equipment can be dangerous. YardSwaps makes no representations about the safety, condition, legality, or fitness for any purpose of any equipment listed on the Platform. Users are solely responsible for ensuring equipment is safe to operate and complies with all applicable safety regulations, including OSHA standards. See our full Safety Disclaimer.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YARDSWAPS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR ANY DAMAGES ARISING FROM: (a) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (b) TRANSACTIONS, COMMUNICATIONS, OR IN-PERSON MEETINGS BETWEEN USERS; (c) EQUIPMENT DEFECTS, MALFUNCTIONS, OR PERSONAL INJURY; (d) MISREPRESENTATIONS, FRAUD, OR ILLEGAL ACTS BY OTHER USERS; (e) UNAUTHORIZED ACCESS TO YOUR ACCOUNT; (f) BUGS, VIRUSES, OR HARMFUL CODE TRANSMITTED THROUGH THE PLATFORM; OR (g) ANY OTHER MATTER ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, WHATEVER THEIR BASIS (CONTRACT, TORT, STATUTE, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100), OR (ii) THE FEES YOU PAID TO YARDSWAPS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
12a. Time Limit for Bringing Claims
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR YOUR USE OF THE PLATFORM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUED, OR IT IS PERMANENTLY BARRED. This contractual limitation period applies regardless of any longer statutory period that might otherwise apply.
13. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YARDSWAPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY USER, ANY LISTING, OR ANY EQUIPMENT. WE DO NOT VERIFY THE IDENTITY, CREDENTIALS, LICENSES, OR REPRESENTATIONS OF ANY USER. WE DO NOT INSPECT, TEST, APPRAISE, OR CERTIFY ANY EQUIPMENT. WE DO NOT GUARANTEE THAT ANY LISTING WILL BE ACCURATE, THAT ANY SELLER WILL DELIVER, THAT ANY BUYER WILL PAY, OR THAT ANY TRANSACTION WILL BE COMPLETED.
14. Indemnification
You agree to indemnify, defend, and hold harmless YardSwaps, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising from: your use of the Platform, your violation of these Terms, your listings or transactions, any content you post, or your violation of any rights of a third party.
15. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute 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 El Paso, Texas or remotely at your election. You agree to resolve disputes on an individual basis only, and waive any right to participate in a class action or class arbitration.
Exceptions: Either party may bring individual claims in small claims court. Either party may seek injunctive relief in any court of competent jurisdiction for intellectual property infringement.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in El Paso County, Texas.
17. Termination
We may suspend or terminate your account at any time, with or without notice, for violation of these Terms or any other reason at our sole discretion. Upon termination, your right to use the Platform ceases immediately. Sections 8b (data rights), 9, 12, 12a, 13, 14, 15, and 16 survive termination. Data-deletion obligations under Privacy Policy §4 continue to apply.
18. Modifications
We may update these Terms at any time by posting the revised version on the Platform. We will provide notice of material changes via email or in-app notification. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform.
19. General
These Terms, together with the Privacy Policy, Acceptable Use Policy, and EULA, constitute the entire agreement between you and YardSwaps. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them freely.
20. Contact
Questions about these Terms? Contact us at legal@yardswaps.com or visit our contact page.