Draft pending legal review
These terms accurately describe how the Swap Leads platform works, but they have not been reviewed by a qualified lawyer and are not legal advice.
Complete every highlighted field and have counsel in your operating jurisdiction review the whole document — particularly sections 5, 15, 16 and 19 — before Swap Leads handles real users or real money.
Swap Leads is a marketplace where sales professionals list business opportunities they cannot pursue, and other professionals buy them. These terms set out what we do, what we expect of you, and where responsibility sits when something goes wrong.
1This agreement
These Terms form a binding agreement between you and [LEGAL ENTITY NAME], a company registered in [COUNTRY] under number [COMPANY NUMBER] ("Swap Leads", "we", "us").
By creating an account or using the platform you accept these Terms and our Privacy Policy. If you do not accept them, do not use the service. If you are agreeing on behalf of a company, you confirm you have authority to bind it.
2Definitions
| Term | Meaning |
|---|---|
| Lead | A listing describing a business opportunity, including the encrypted contact details behind it |
| Seller | A Member who submits a Lead |
| Buyer | A Member who unlocks a Lead using Credits |
| Credits | The platform's internal unit of account, used to unlock Leads. Not money and not a stored-value instrument. |
| Alias | The generated pseudonym under which you appear to other Members |
| Listed Contact | An individual whose details appear inside a Lead |
| Validation | Our human review of a Lead before it becomes visible on the marketplace |
3Eligibility and your account
- You must be at least 18 and legally able to enter contracts
- You must use the platform for genuine business purposes
- You must give accurate registration information and keep it current
- You must verify both an email address and a phone number before you can trade
- One account per person. Duplicate accounts may be closed without notice.
- You are responsible for your credentials and for everything done under your account
Until you complete verification, your access is limited: you may view one Lead, submit one Lead, and purchase nothing.
4What we are, and what we are not
We provide the venue, the escrow of confidentiality, and a validation service. We are not a party to any transaction between Members. When you buy a Lead you are buying information a Seller has supplied, not a product or service from us.
Specifically, we do not:
Guarantee that a Lead will convert, that a Listed Contact will respond, that the opportunity is genuine, that the budget or timeline is accurate, or that the Seller has described the relationship truthfully. Validation raises the quality bar — it is not a warranty of outcome.
5Seller obligations and warranties
This is the most important section of these Terms. By submitting a Lead you warrant, on each and every submission, that:
- You have a lawful basis to share the contact details. You have complied with all applicable data protection law, including the UK and EU GDPR where relevant, and you are entitled to disclose the Listed Contact's personal data for the purpose of commercial outreach.
- You are not breaching any duty of confidence. The information is not subject to a non-disclosure agreement, an employment contract, a client engagement letter, or any other obligation that would prohibit you from sharing it.
- The information is accurate to the best of your knowledge at the time of submission, including the requirement, budget, timeline and the nature and strength of your relationship.
- The opportunity is genuine — not fabricated, not speculative, and not a contact taken from a purchased or scraped list presented as a relationship.
- You have no undisclosed conflict — you are not selling a Lead you are simultaneously pursuing yourself, or one belonging to your employer without their permission.
- You will not re-list the same opportunity to multiple Buyers as though it were exclusive, or re-submit a Lead already sold.
You accept liability for what you list. You are solely responsible for the legality, accuracy and provenance of every Lead you submit. If a Listed Contact, their employer, your employer, a client or a regulator brings a claim arising from your submission, that claim is yours to answer — see section 17.
Consider carefully before listing anything obtained through your employment. Many employment contracts treat that information as company property.
Managing your listings
You may edit, bump or withdraw a Lead at any time before it sells. Editing an approved Lead returns it to Validation. Once a Lead is sold you cannot withdraw it — the Buyer has paid for it.
6Validation
Every Lead is reviewed by a member of our team before it appears on the marketplace. Our validators see the full decrypted submission for this purpose, under confidentiality obligations.
A Lead is either approved or returned for more information. A return is not a rejection: you may update and resubmit. We may decline to list anything at our discretion, and we are not obliged to explain a decision beyond the notes provided. Validation timescales are not guaranteed.
7Buyer obligations
When you unlock a Lead you receive the contact details behind it. You agree that:
- You will use the details only for legitimate business outreach relating to that opportunity
- You become a data controller for those details on receipt, with your own obligations under applicable data protection law — including providing privacy information to the Listed Contact and honouring their rights
- You will comply with all applicable marketing, anti-spam and electronic communications law
- You will not resell, redistribute, publish or add the details to a data product
- You will delete the details promptly if the Listed Contact objects, or if we notify you of an erasure request
- You will not use the platform to build a database rather than to pursue specific opportunities
Purchases are final
Credits spent on unlocking a Lead are not refundable, because the value — the information — is delivered in full and immediately at the moment of purchase. You always see the price and your balance on a confirmation step beforehand.
Where a Lead proves to be fabricated, materially inaccurate, or already sold to you, contact us within [14] days. We may at our discretion credit your account and take action against the Seller. This is a goodwill process, not an automatic right, and it does not affect your statutory rights.
8Credits and payment
- Credits are an internal unit of account. They are not money, e-money, a security, or a stored-value instrument, and they carry no cash value outside the platform.
- Credits cannot be redeemed for cash, transferred between accounts, or sold.
- Credit packages are priced in US dollars and processed by Stripe. We do not receive or store your card details.
- Prices for packages, and the price of any individual Lead, may change at any time. Changes never affect a purchase already made.
- Purchased Credits do not expire while your account remains open and in good standing.
- If you close your account, or we close it for breach, unused Credits are forfeited. [CONFIRM — CONSUMER LAW IN SOME JURISDICTIONS RESTRICTS FORFEITURE]
- You are responsible for any taxes arising from your use of the platform, including on income earned from selling Leads.
9Seller earnings
When a Buyer unlocks your Lead, the price in Credits is added to your balance. You may spend those Credits on the platform immediately.
Withdrawal to cash is not currently available. Credits earned from sales can be spent within Swap Leads but cannot presently be paid out to a bank account or wallet. We intend to introduce withdrawals and will update these Terms when we do. Do not treat accrued Credits as an entitlement to a cash payment under the present version of this agreement.
10Anonymity and circumvention
Members trade under generated Aliases. Your real identity is not disclosed to other Members, and only our super administrators can link an Alias to a person — for fraud, safety and legal compliance, always logged.
You must not:
- Attempt to identify another Member behind their Alias
- Embed contact details in unencrypted fields to bypass the paywall
- Solicit or conduct a transaction outside the platform to avoid Credits
- Use the marketplace to advertise your own services to other Members
Circumvention is a material breach and may result in immediate termination and forfeiture of Credits.
11Prohibited conduct
You must not:
- Submit fabricated, duplicated or knowingly inaccurate Leads
- Upload personal data you have no lawful right to share
- Submit special category data — health, political opinions, and similar
- Scrape, crawl, or systematically extract content from the platform
- Reverse engineer, probe or attack the service, or attempt to defeat our access controls
- Use another Member's account, or let anyone use yours
- Create multiple accounts, including to evade suspension
- Use the platform for anything unlawful, deceptive or harassing
- Interfere with Validation, for example by pressuring or impersonating staff
12Intellectual property
The platform, its software, design, branding and content are owned by us or our licensors. You get a limited, revocable, non-exclusive, non-transferable right to use the service under these Terms. Nothing else is granted.
You keep ownership of the content you submit. You grant us a worldwide, royalty-free licence to host, store, encrypt, process, display and transmit it as needed to run the service — including disclosing it to a Buyer on purchase and to our validators for review. This licence ends when the content is deleted, except where a Buyer has already purchased it.
13Suspension and termination
You may close your account at any time from Settings. Closure does not withdraw Leads already sold, and does not refund Credits.
We may suspend or terminate your account, with notice where practicable, if you:
- Breach these Terms, particularly the warranties in section 5
- Submit Leads we reasonably believe to be fabricated or unlawfully obtained
- Attempt circumvention or fraud
- Expose us to legal or reputational risk
- Fail to complete verification within a reasonable period
Where a breach is serious or unlawful we may act immediately and without notice. Sections 5, 12, 15, 16, 17 and 19 survive termination.
14Disputes between members
Disputes about a Lead are between the Buyer and the Seller. We will investigate reports, may adjust Credit balances at our discretion, and may act against an account — but we are not an arbitrator and our decision does not determine legal rights between you.
Because Members are pseudonymous, we will not disclose one Member's identity to another. Where a legal claim requires it, seek disclosure through the proper legal process and we will respond as the law requires.
15Disclaimers
To the fullest extent permitted by law, the platform is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory — including merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
- Any Lead is accurate, genuine, or will result in business
- Any Listed Contact has authority, budget, or interest
- The service will be uninterrupted, timely or error-free
- Validation will detect every inaccurate or unlawful submission
- Encryption or any security measure is impenetrable
Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.
16Limitation of liability
Subject to section 15, and to the fullest extent permitted by law, we are not liable for:
- Loss of profit, revenue, business, goodwill or anticipated savings
- Loss or corruption of data, including contact data you can no longer decrypt
- Indirect or consequential loss of any kind
- The conduct of any Member, or the content of any Lead
- Any claim brought by a Listed Contact against a Member
Cap. Our total aggregate liability arising out of or in connection with these Terms is limited to the greater of the amount you paid us in the [12] months before the claim arose, or [USD 100].
17Indemnity
You will indemnify and hold harmless Swap Leads, its officers, employees and agents against all claims, damages, losses, liabilities, fines and reasonable legal costs arising out of or connected with:
- Any Lead you submit, including any claim by a Listed Contact, their employer, your employer or a client
- Any regulatory action or penalty arising from personal data you supplied without a lawful basis
- Your breach of these Terms or of any applicable law
- Your use of contact details obtained through the platform
We will notify you promptly of any such claim and will not settle it without consulting you.
18Changes to these Terms
We may update these Terms as the service develops. For material changes we will give Members at least [14] days' notice by email and by notice in the platform. Continuing to use the service after the effective date means you accept the revised Terms; if you do not, close your account before that date.
19Governing law and jurisdiction
These Terms and any dispute arising from them are governed by the law of [JURISDICTION], without regard to conflict of law rules. The courts of [JURISDICTION] have exclusive jurisdiction, except that we may seek injunctive relief in any competent court.
If you are a consumer resident in the EU or UK, you keep the benefit of any mandatory protections of your home country's law.
General
- Severability — if a provision is unenforceable, the rest stands
- No waiver — not enforcing a right once does not waive it
- Assignment — you may not assign these Terms; we may, on notice, to a successor
- Entire agreement — these Terms and the Privacy Policy are the whole agreement between us
- Third parties — no one other than you and us may enforce these Terms
20Contact
Questions about these Terms:
legal@swapleads.app
General enquiries:
hello@swapleads.app
Post: [REGISTERED ADDRESS]
See also our Privacy Policy, which explains how we handle personal data.