Effective date: 27.12.2024
Last updated: 27.12.2024
Welcome to OfferSwap (“we,” “our,” “us”). These Terms of Use (“Terms”) govern your use of our website, mobile applications, and other services (collectively, the “Platform”). By accessing or using the Platform, you agree to comply with these Terms. If you do not agree with these Terms, please refrain from using the Platform.
These Terms apply to all users of the Platform, including Service Comparers (those seeking service providers), Service Providers, Partners, and other users. Additional policies referenced herein are incorporated as part of these Terms.
Table of Contents
Introduction
Definitions
Eligibility and User Responsibilities
Rules for Service Comparers
Content Handling
Licenses Granted by You
Your Commitments and Responsibilities
Platform Rules and Prohibited Activities
Payment and Billing Policies
Refunds and Complaints
Subscriptions and Automatic Renewals
Partner Program Terms
Advertising Policies
Intellectual Property Rights
User-Generated Content
Moderation, Suspension, and Termination
Disclaimers and Liability Limitations
Taxes and Legal Compliance
Dispute Resolution and Arbitration
Updates to the Terms
Contact Information
1. Introduction
OfferSwap provides a B2B platform that connects Service Comparers with Service Providers. We facilitate the exchange of contact information and professional networking opportunities among users.
Important: OfferSwap acts solely as an intermediary and is not responsible for agreements, negotiations, or transactions between users. Users are solely responsible for managing, executing, and complying with their contracts and legal obligations.
2. Definitions
Service Comparer: A user seeking service providers via the Platform.
Service Provider: A user offering services on the Platform.
Partner: A participant in our Partner Program who earns commissions by bringing new customers or leads to the Platform.
Advertiser: A user advertising their services or products on the Platform.
Content: Text, images, videos, and other materials uploaded by users.
3. Eligibility and User Responsibilities
3.1. Age Restriction
The Platform is intended for users who are at least 18 years old.
Users aged 16–18 may use the Platform only under the supervision and with the consent of a legal guardian.
By using the Platform, you confirm that you meet these age requirements.
3.2. User Responsibilities
All users must:
Provide accurate and up-to-date information during registration and use.
Interact responsibly and in good faith with others.
Comply with local, national, and international laws when using the Platform.
OfferSwap reserves the right to suspend or terminate user accounts that violate these responsibilities.
4. Rules for Service Comparers
By submitting a request for proposals or forms on the Platform, Service Comparers agree to the following terms:
4.1. Sharing Information
Service Comparers agree to share their contact information (e.g., name, email address, and phone number) with Service Providers on the Platform.
The information provided may also be used internally by OfferSwap to improve services.
4.2. Responsiveness
Service Comparers commit to responding to calls and emails from OfferSwap and Service Providers operating on the Platform.
Failure to respond may result in restrictions on Platform usage.
4.3. Accuracy and Responsibility
Service Comparers are responsible for providing accurate and truthful information. OfferSwap is not liable for disputes arising from inaccurate or incomplete information.
5. Content Handling
We provide users the ability to share and upload content (e.g., reviews or advertisements). By sharing content, users grant us the right to:
Store, host, and display content on the Platform.
Modify or remove content that violates these Terms or applicable laws.
Use user-submitted content for operational or marketing purposes.
We reserve the right to remove content that infringes intellectual property rights, contains malware, or violates user privacy.
Read more about our privacy policy here.
6. Licenses Granted by You
By using the Platform, you grant OfferSwap:
A non-exclusive license to use, modify, and display your content to ensure Platform functionality.
Permission to analyze and process the information you provide to improve the Platform.
Consent to contact you regarding updates, services, and operational matters.
You may withdraw some permissions by contacting us at contact@offer-swap.com, though this may limit your access to Platform features.
Read more about cookie policies here.
7. Your Commitments and Responsibilities
When using the Platform, you agree to:
Be solely responsible for your interactions with other users.
Avoid sharing false, offensive, or unlawful content.
Report any suspicious activity, including fraud or unauthorized account access, to OfferSwap.
8. Platform Rules and Prohibited Activities
Users must not:
Submit false, misleading, or fraudulent information.
Upload harmful content, such as malware or viruses.
Infringe upon others’ privacy or intellectual property rights.
Use the Platform for illegal or unauthorized purposes.
Disrupt the normal operation of the Platform through technical attacks.
OfferSwap reserves the right to investigate and take legal action against violations of these rules.
9. Payment and Billing Policies
Purchasing Credits: Payments are processed via Stripe or, in certain cases, via invoice.
VAT Policy:
Finnish companies are charged 25.5% VAT on all transactions.
Companies outside Finland are charged 0% VAT.
Credit Usage: Credits grant access to Service Comparer information but are non-transferable.
OfferSwap is not responsible for costs incurred by third-party payment processors.
Read more about the payment terms here.
10. Refunds and Complaints
Refund Policy: Refunds for credits are only issued if the Service Comparer has already made a purchasing decision before the Service Provider could submit an offer.
Non-Refundable Cases: Refunds will not be issued if the Service Comparer is unresponsive or unreachable.
Complaints: Refund requests must be submitted within 14 days of purchase. OfferSwap reserves the right to accept or reject complaints at its discretion.
Read more about the credit terms here.
11. Subscriptions and Automatic Renewals
11.1. Billing Cycles:
Subscriptions to OfferSwap services automatically renew on a monthly or yearly basis, depending on the plan selected during registration. Users will be billed at the beginning of each renewal cycle unless the subscription is canceled in accordance with these Terms.
11.2. Cancellations:
Users may cancel their subscriptions at any time through their account settings. The cancellation will take effect at the end of the current billing period.
11.3. Refunds:
Refunds for unused portions of subscription periods are not provided unless required by law.
11.4. VAT:
For Finnish businesses, an additional 25.5% VAT will be applied to subscription fees. Businesses outside Finland will be charged 0% VAT.
12. Partner Program Terms
12.1. Commission Structure:
Sales-Based Rewards: Partners earn 20% of the revenue generated by customers they bring to the Platform, with a maximum commission of €2,000 per customer.
Lead Rewards: Partners earn €30 for each lead that is approved and listed on the Platform.
12.2. Payment Terms:
Payments are made via PayPal once commissions exceed €100. VAT at 25.5% is applied to Finnish partners; commissions for non-Finnish partners are VAT-free.
12.3. Affiliate Restrictions:
Partners must not engage in paid advertising using the OfferSwap brand or intellectual property. Violations will result in termination from the program.
Read more about the partner terms here.
13. Advertising Policies
13.1. Advertisement Approval:
All advertisements are subject to OfferSwap’s review and approval before they are displayed on the Platform.
13.2. Advertisement Standards:
Advertisements must be truthful, lawful, and not misleading. They must comply with local advertising regulations and OfferSwap’s internal standards.
13.3. VAT Policy for Advertisers:
Finnish advertisers are subject to 25.5% VAT.
Advertisers from outside Finland are charged 0% VAT.
13.4. Removal of Advertisements:
OfferSwap reserves the right to remove advertisements that violate these Terms or applicable laws.
14. Intellectual Property Rights
14.1. Platform Content:
All content on the Platform, including logos, text, and software, is the property of OfferSwap or its licensors. Users may not copy, distribute, or modify this content without explicit permission.
14.2. User-Generated Content:
Users retain ownership of the content they upload to the Platform but grant OfferSwap a worldwide, royalty-free license to use, modify, and display it for service purposes.
Read more about intellectual property rights here.
15. User-Generated Content
15.1. Prohibited Content:
Users must not upload content that:
Violates laws or third-party intellectual property rights.
Contains malware or invades privacy.
Is defamatory, inappropriate, or otherwise harmful.
15.2. Content Moderation:
OfferSwap reserves the right to remove any content that violates these Terms or applicable laws without prior notice.
16. Moderation, Suspension, and Termination
16.1. Account Suspension or Termination:
OfferSwap may suspend or terminate accounts that violate these Terms or engage in prohibited activities.
16.2. Content Moderation:
User content may be reviewed and removed if it breaches these Terms.
16.3. Appeal Process:
Users may appeal account suspensions or terminations by contacting contact@offer-swap.com.
17. Disclaimers and Liability Limitations
17.1. No Warranty:
The Platform is provided “as is” without warranties of any kind.
17.2. Limitation of Liability:
OfferSwap is not liable for:
Agreements or services exchanged between users.
Indirect, incidental, or consequential damages.
17.3. Maximum Liability:
Our liability is limited to the fees paid by the user in the past six months.
18. Taxes and Legal Compliance
18.1. User Tax Responsibilities:
All users, including Service Comparers, Service Providers, and Partners, are responsible for reporting their income and paying taxes in accordance with applicable laws.
18.2. OfferSwap’s Tax Responsibility:
OfferSwap is not responsible for users’ tax declarations or liabilities.
19. Dispute Resolution and Arbitration
19.1. Governing Law:
These Terms are governed by the laws of Finland.
19.2. Arbitration:
All disputes arising under these Terms will be resolved through arbitration in Finland unless otherwise required by law.
20. Updates to the Terms
OfferSwap reserves the right to update these Terms. Updates will be published on the Platform, along with their effective date. By continuing to use the Platform after updates, you agree to the revised Terms.
21. Contact Information
If you have questions about these Terms, please contact:
OfferSwap Oy
Address: Palokunnankatu 28 Lh5, 13100 Hämeenlinna, Suomi
Company ID: 3466554-5
VAT ID: FI34665545
Email: contact@offer-swap.com