Terms & Conditions

The Platform is a membership-based platform. By joining the Platform, you agree that: • Membership is required to access buying and selling features • Membership fees are non-refundable • Memberships automatically renew unless cancelled Membership may include: • A one-time welcome credit bonus (depending on your plan) • Access to AI image tools • Access to the Platform

The Platform uses a credit-based system: • 1 credit = $1 CAD • Credits may be: ◦ Earned ◦ Purchased ◦ Issued through promotions Credits on the Platform: • Have no cash value and cannot be exchanged for cash • Cannot be transferred or withdrawn • Can only be used on items listed for credits We reserve the right to adjust, modify or eliminate the credit system on the Platform at our sole discretion at any time and without further notice to you.

The Platform is a peer-to-peer marketplace. This means: • Buyers purchase directly from other members • Sellers are responsible for their listings In connection with the Platform, we: • Do not take commission on sales • Do not own inventory • Do not physically inspect items In connection with the Platform, we are not responsible for: • Item condition discrepancies • Misrepresentation by sellers • Shipping issues or delays

All purchases made on the Platform are final. • No returns • No refunds • No exchanges If an item is not the right fit or style, buyers are encouraged to re-list it on the Platform.

• Buyers pay shipping at checkout on Swap My Collective • Sellers are provided with prepaid shipping labels • Sellers must ship items within 5 days Once an item is shipped: • Tracking is provided • Delivery is the responsibility of the shipping carrier In connection with the Platform, we are not responsible for: • Lost packages • Shipping delays • Carrier-related issues

All items listed on the Platform must be: • Authentic • In excellent condition (new with tags, like new, or gently worn) • Clean and accurately represented The following are not permitted on the Platform: • Counterfeit or replica items • Damaged, stained, or heavily worn items • Fast fashion brands (including Shein) In connection with the Platform, we reserve the right to: • Remove listings • Suspend or terminate accounts that violate these standards

All items listed on the Platform must be authentic. If an item is found to be: • Counterfeit • Replica • Misrepresented We may: • Remove the listing • Suspend or terminate the seller's account

The Platform offers AI tools to enhance listing images. By using this feature, you agree that: • You own or have rights to all uploaded images • We, through the Platform, may process and display these images • We may display these images on our social media platforms for advertising purposes AI-generated images: • Are for presentation purposes only • May not be exact representations of the item

By using the Platform, you agree not to: • Misrepresent items • Complete transactions outside of the Platform • Abuse or manipulate the credit system • Engage in fraudulent or harmful behaviour • Harass or mistreat other members • Use the Platform in a manner that contravenes these Terms & Conditions

In connection with the Platform, we reserve the right to: • Suspend or terminate accounts at any time for any reason • Remove listings that do not meet our standards In the event that we suspend or terminate your account, the license granted to you in Section 12 (Intellectual Property) of these Terms & Conditions shall be immediately suspended or terminated, as applicable.

• Payments are processed securely through Stripe • Sellers receive payouts for cash sales through Stripe In connection with the Platform, we are not responsible for: • Payment processing delays • Errors caused by third-party providers

Within these Terms & Conditions, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trademark law, or trade secret law and all rights in patents, designs, copyrights, copyrightable works and works of authorship, moral rights, trademarks, trade names, service marks and other proprietary trade designations, trade secrets, know-how, methodologies, techniques, specifications and any other intellectual property rights of any nature, whatsoever throughout the world, registered or unregistered, and any and all applications, compilations, improvements, modifications or new developments of any of the foregoing. You acknowledge, as between you and us: • we (or our licensors) own all right, title and interest, including all Intellectual Property Rights, in and to the Platform and all content within the Platform, including but not limited to all functions and AI generated content within the Platform, but excluding User Content; • you own all right, title and interest, including Intellectual Property Rights, in and to the content you upload to the Platform ("User Content"), including but not limited to photos and listing descriptions. We hereby grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free license to use the Platform and the Platform content for the sole purpose of your participation in the Platform, including to buy and sell women's fashion, and for no other purpose. You hereby grant us an irrevocable, non-exclusive, sublicensable, transferrable, worldwide, perpetual, royalty-free license to the User Content you upload to the Platform, including but not limited to photos and listing descriptions. You acknowledge that there are no implied licenses under these Terms & Conditions. We reserve all rights that are not expressly granted herein. You may not use the Platform for any other purpose other than provided herein, without our prior written consent. You may not share your log-in information, including but not limited to your password, to the Platform with any third-party, you must keep all of your log-in information secure and you must use your own log-in information as your sole means of accessing the Platform.

The Platform, and any related services, if applicable, are provided by us on an "as is" and "as available" basis, and we specifically disclaim all warranties and conditions, whether expressed, implied, statutory or otherwise. We, and our licensors, specifically disclaim all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and all warranties arising from course of dealing, usage or trade practice. We, and our licensors, make no warranty of any kind that the Platform, any related services or any products or results of the use thereof, will meet your or any other person's requirements, operate without interruption, achieve any intended result, be compatible or work with any of your or any third-party's software, system or other services, or be secure, accurate, complete, free of harmful code, or error free, or that any errors or defects can or will be corrected. This disclaimer of warranty constitutes an essential part of these Terms & Conditions.

You agree to indemnify, defend and hold harmless us, our affiliates and licensors and each of their respective officers, directors, employees, agents, affiliates, licensors, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, arising from (in whole or in part), in connection with, or relating to: • your use or misuse of the Platform; • your breach of applicable laws, including but not limited to applicable privacy laws; • any allegation, or threatened allegation, that your User Content infringes, violates or misappropriates any Intellectual Property Rights or other right of any third-party; • your breach or non-fulfillment of any representation, warrant or covenant under these Terms & Conditions, the Seller Agreement or the Buyer Agreement, as applicable; or • your fraud, negligence, wilful misconduct or more culpable act or omission (including reckless misconduct) in connection with the performance of your obligations under these Terms & Conditions, the Seller Agreement or the Buyer Agreement, as applicable.

To the fullest extent permitted by applicable law: We are not liable to you or any third-party under any tort, contract, negligence, strict liability or other legal or equitable theory for any claims, expenses, lost profits, lost or corrupted data (including User Content), computer failure or malfunction, or special, indirect, incidental, consequential, special, exemplary, punitive or other damages related to these Terms & Conditions or your use of the Platform, including but not limited to: • Transactions between buyers and sellers • Item condition or authenticity disputes • Shipping issues or delivery delays In no event shall our total aggregate liability across all users for any claims, demands, suits or other legal proceedings made or brought against us arising out of or relating to these Terms & Conditions or the Platform, whether in contract, negligence, strict liability or other legal or equitable theory, and regardless of the form of damage, exceed ONE THOUSAND ($1,000.00) DOLLARS. Your use of the Platform is at your own risk.

Your use of the Platform is also governed by our Privacy Policy and applicable laws, including the Personal Information Protection and Electronic Documents Act (Canada). You can find a copy of our Privacy Policy here.

These Terms & Conditions, and your use of the Platform, shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein without giving effect to its conflicts of law provisions. You agree with us that the jurisdiction and venue of any dispute relating to these Terms & Conditions shall be brought exclusively in the provincial and federal courts having jurisdiction within the Province of Manitoba, and you expressly consent and attorn to the exclusive jurisdiction of such courts.

We may update these Terms & Conditions at any time. Continued use of the Platform means you accept any updates of these Terms & Conditions.

For questions or support, please contact: Swap My Collective Inc. hello@swapmy.ca