Terms of Service

1. Agreement to Terms

By accessing and using SetSwap's website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Description of Service

SetSwap provides a comprehensive circular marketplace platform for film and television production assets, including:

• Marketplace: Buying and selling production assets with AI-powered matching
• RentalSpace: Renting standing sets, locations, and production facilities
• Asset Manager: Tracking and lifecycle management of production materials
• Storage Solutions: Modular, mobile, solar-powered storage containers
• ESG Reporting: Sustainability metrics and carbon footprint tracking
• AI Finder: Intelligent asset discovery and recommendations

3. User Accounts

To access certain features of our service, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and up-to-date information
• Notifying us immediately of any unauthorized use
• Ensuring your account information remains current
• Using a secure password and enabling two-factor authentication when available

4. User Conduct

You agree not to:

• Use the service for any unlawful purpose or in violation of any applicable laws
• Violate any applicable laws, regulations, or industry standards
• Infringe on the intellectual property rights of others
• Upload or transmit harmful, malicious, or inappropriate content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with the proper functioning of the service
• Use automated systems to access the service without permission
• Engage in fraudulent or deceptive practices

5. Asset Listings

Listing Requirements

When listing assets on our marketplace, you must:

• Provide accurate, detailed descriptions and high-quality images
• Disclose any defects, limitations, or restrictions
• Ensure you have the legal right to sell or rent the asset
• Comply with all applicable laws and regulations
• Maintain accurate inventory records
• Respond promptly to inquiries from potential buyers/renters

Prohibited Items

The following items are prohibited from our platform:

• Items that violate intellectual property rights
• Hazardous or dangerous materials
• Items obtained through illegal means
• Counterfeit or replica items
• Items that violate industry safety standards

6. Transactions

Transaction Terms

All transactions are subject to:

• Our standard terms and conditions
• Applicable fees and payment terms
• Dispute resolution procedures
• Return and refund policies
• Insurance and liability requirements
• Delivery and pickup arrangements

Payment Processing

We use secure payment processing systems to handle transactions. All payments are processed in accordance with industry standards and applicable regulations.

7. Fees and Payments

SetSwap charges fees for certain services, including:

• Transaction Fees: 3-5% of successful marketplace sales
• Subscription Fees: Monthly/annual fees for premium features
• Storage Fees: Fees for storage container usage
• Logistics Fees: Delivery and pickup charges
• Payment Processing: Standard payment processor fees

All fees are non-refundable unless otherwise specified in our refund policy.

8. Intellectual Property

SetSwap and its licensors own all rights, title, and interest in the service, including all intellectual property rights. You retain ownership of your content but grant us a license to use it in connection with our services.

User Content License

By uploading content to our platform, you grant SetSwap a non-exclusive, royalty-free license to use, display, and distribute your content in connection with our services.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

10. Limitation of Liability

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SETSWAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

Indemnification

You agree to indemnify and hold harmless SetSwap and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the service or violation of these Terms.

11. Termination

We may terminate or suspend your account and access to the service at any time, with or without notice, for any reason, including violation of these Terms.

Account Termination

Upon termination, your right to use the service will cease immediately. We may delete your account and data in accordance with our data retention policies.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising out of or relating to these Terms or the service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date.