Terms of Service, Privacy Policy, and Marketplace Rules

Effective Date: 13/01/2026

Before You Use Theoswap

By using Theoswap.io, you acknowledge and agree to the following:

• You have the legal capacity to enter binding agreements in your jurisdiction.
• You understand that Theoswap marketplace is a blockchain marketplace and does not control, alter, or guarantee transactions on the blockchain.
• You are responsible for interacting safely with NFTs, smart contracts, and sellers on the platform.
• You accept that all payments and refunds are handled by sellers through Stripe and that Theoswap is not a party to financial transactions.
• Sellers are solely responsible for the legality, accuracy, and classification of their content.
• You understand that any issues, disputes, or lost funds are not the responsibility of Theoswap.
• You will direct all abuse reports or disputes directly to the responsible developer/seller.

1. Legal Capacity

By using Theoswap.io, you represent and warrant that you have the legal capacity to enter into binding agreements under the laws of your jurisdiction. If you are acting on behalf of an entity, you confirm you have the authority to bind that entity to these terms.

2. Privacy Policy

Your privacy is important to us. We collect only the minimal information necessary to provide our services.

• When you sign in using Google, Discord, GitHub, or Microsoft, we may collect your email, username, profile picture, basic account identifiers, and year of birth (to confirm age eligibility).
• We do not track your activity outside of Theoswap.
• Personal data is retained only as necessary to operate the service or as required by law. You may request account deletion at any time.

OAuth providers process your login information. We do not control how they collect or use your data. Please review their privacy policies.

3. Marketplace Rules

Theoswap is a blockchain-based marketplace. All listings are stored on-chain, and Theoswap does not control, alter, or guarantee blockchain transactions.

• Buyers and sellers interact directly on the blockchain. Theoswap acts only as a platform provider.
• Sellers are solely responsible for the legality, accuracy, and classification of their content.
• Explicit sexual content intended primarily for sexual arousal is prohibited. Non-sexual nudity may be permitted if accurately classified.
• Content that violates policies may be removed by the seller or reported by users. Reports should be directed to the seller/developer only.
• Do not execute code from NFTs or third-party sources.
• Theoswap is not responsible for any damage, lost funds, legal disputes, or user errors related to marketplace transactions.

3.1 Blockchain marketplace fees and developer payouts

The following applies only to blockchain marketplace sales (buying and selling NFTs on-chain). It does not apply to configuration or upgrade purchases, which are handled via Stripe.

• The platform fee on each blockchain marketplace sale is the greater of 0.00015 (in the chain’s native token, e.g. ETH) or 5% of the sale price.
• When a game developer has added their payout address for that chain, half of this fee is paid out to them; the other half goes to Theoswap.
• Fees are not back-paid. If you were on the platform and add your payout address later (or correct it later), you are not entitled to any fees from sales that occurred before your address was correctly set. There is no retrospective payment for past sales.
• If you provide an incorrect payout address, Theoswap has no obligation to recover or reissue those funds. Your only remedy is to update your address for future sales. By using the marketplace as a developer, you agree to these terms.

4. Seller Terms

• Sellers must ensure all content complies with local laws and platform rules.
• Sellers are responsible for Stripe account management, payments, refunds, and any tax obligations.
• Platform fees are applied through Stripe; sellers agree to Stripe’s terms and acknowledge that platform fees may be deducted automatically.
• Sellers remain fully accountable for intellectual property and other rights associated with their content.

5. Buyer Terms

• All purchases are blockchain transactions; Theoswap does not hold or manage funds outside of Stripe processing.
• Buyers assume all risk associated with NFT ownership, including potential disputes, copyright issues, or valuation changes.
• Refunds are processed only by the seller through Stripe or as permitted by Stripe’s policies.

6. Use of Information

• Authenticate your account and enable secure login.
• Confirm age or legal eligibility where required.
• Personalize your experience on the platform.
• Communicate important service updates.

7. Security & Third-Party Services

We implement standard security measures to protect information. Access is limited to authorized personnel. Theoswap relies on third-party authentication providers and blockchain networks. These services may process data under their own privacy policies.

8. Limitation of Liability

To the maximum extent permitted by law, Theoswap is not responsible for any damages, losses, or legal issues arising from use of the platform, including blockchain transactions, content disputes, lost funds, or user errors. Users interact at their own risk.

9. Changes to Terms

Theoswap may update these terms at any time. Continued use of the platform constitutes acceptance of the updated terms. We recommend checking this page periodically.

10. Contact

For questions about these terms or your account, email [email protected].