Welcome to SpoilSwap. These Terms of Service (the “Terms”) govern your access to and use of the SpoilSwap website, mobile experiences, and related services (collectively, the “Service”). By creating an account or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. What SpoilSwap Is

SpoilSwap is a marketplace that connects contractors, haulers, and property owners who have excess construction material (such as dirt, rock, gravel, and other spoil) with parties who need fill material for their projects. SpoilSwap is a technology platform only. We are not a party to any transaction between users, we do not inspect or verify listings, and we do not take custody of any material.

2. Eligibility and Accounts

You must be at least 18 years old and legally able to form a binding contract to use the Service. You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date. You are responsible for all activity under your account and for maintaining the security of your login credentials.

3. User Listings and Content

You are solely responsible for any material listings, project details, messages, photos, addresses, or other content you submit to the Service (“User Content”). You represent and warrant that your User Content is accurate, that you have the right to post it, and that it does not violate any law or third-party right.

You grant SpoilSwap a worldwide, non-exclusive, royalty-free license to host, display, and distribute your User Content solely to operate and improve the Service. You retain all ownership rights in your User Content.

4. No Warranty on Listings or Material

SpoilSwap does not inspect, test, weigh, or otherwise verify any material listed on the Service. Descriptions of material type, quantity, composition, quality, moisture content, contamination, suitability for a given use, availability, and location are provided entirely by users. You acknowledge that listings may be inaccurate, incomplete, or misrepresented, and that you rely on them at your own risk. You are responsible for independently inspecting any material and confirming it meets your project’s specifications before accepting delivery or use.

4a. No Liability for Failed Deals, Scams, or Inaccurate Listings

SpoilSwap is not liable for any failed deal, scam, fraudulent transaction, or inaccurate listing on the Service. We facilitate introductions between users and forward material requests by email; we do not vet either party, verify any identity, confirm material quantity or quality, guarantee that a seller will honor a request, or guarantee that a buyer will pay or take delivery. You are solely responsible for verifying material details, checking the other party’s legitimacy, inspecting any material before paying or accepting delivery, and deciding whether to proceed. By using the Service you assume all risk of loss arising from any transaction or attempted transaction with another user.

5. Payments, Pricing, and Disputes Between Users

All pricing, payment terms, delivery arrangements, taxes, and related logistics are negotiated and settled directly between users. SpoilSwap does not process payments on behalf of users and is not a party to any payment arrangement.

SpoilSwap is not responsible for any cost, payment, invoicing, or billing dispute between users — including, without limitation, non-payment, overpayment, chargebacks, cancelled jobs, unexpected haulage fees, disputed volumes or tonnage, or refunds. You agree to resolve any such disputes directly with the other party and to hold SpoilSwap harmless from any claim arising out of them.

5a. Referral Discounts

SpoilSwap may, from time to time, offer discounts or other benefits to users who invite other users to the Service (each, a “Referral Discount”). Referral Discounts only apply against a paid subscription to the Service.

An invited person must start a paid subscription in order for the inviter to receive any Referral Discount. If the invited person never starts a paid subscription or cancels before payment, no Referral Discount is earned. The amount, form (e.g. percentage off, billing credit, free month), duration, and stacking rules of any Referral Discount are determined solely by SpoilSwap and may be changed or discontinued at any time without notice.

Referrals are tracked through the invite link sent from within the Service. For invites sent to people outside of your company, the referral only counts if SpoilSwap can match the invited person’s signup back to the original invite record (i.e. they accept the specific invite link and that signup is attributed to it). Forwarding an invite outside of the Service, signups that arrive through other channels, self-invites, or attempts to invite an existing user do not qualify.

Referral Discounts have no cash value, are non-transferable, and may not be combined with other offers except where SpoilSwap explicitly permits. SpoilSwap reserves the right to withhold or revoke a Referral Discount if it determines, in its sole discretion, that a referral is fraudulent, abusive, or in violation of these Terms.

6. Compliance, Permits, and Environmental Responsibility

You are solely responsible for complying with all laws and regulations that apply to the transport, placement, import, disposal, or reuse of any material you list or acquire through the Service — including local zoning, environmental, hazardous waste, DOT, and worker-safety requirements. SpoilSwap makes no representation that any material meets any regulatory standard, and it is your responsibility to obtain any required permit or approval.

7. Prohibited Conduct

You agree not to:

Post false, fraudulent, or materially misleading listings;
List material that is contaminated, hazardous, or regulated without clearly and accurately disclosing that fact;
Use the Service to harass, threaten, or defraud another user;
Scrape, reverse-engineer, or interfere with the Service, its security, or other users’ accounts;
Circumvent the Service to avoid fees or terms, or use the Service for any unlawful purpose.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOILSWAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT LISTINGS ARE ACCURATE OR THAT MATERIAL IS SAFE, COMPLIANT, OR SUITABLE FOR A PARTICULAR USE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPOILSWAP AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, MATERIAL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR ANY TRANSACTION CONDUCTED THROUGH IT. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

10. Indemnification

You agree to indemnify and hold harmless SpoilSwap and its affiliates from any claim, loss, liability, cost, or expense (including reasonable attorneys’ fees) arising out of your User Content, your use of the Service, your transactions with other users, any material you list or acquire, or your violation of these Terms or applicable law.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or created risk for other users or for SpoilSwap. You may stop using the Service at any time. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Material changes will be communicated through the Service or by email. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of the United States and of the state in which SpoilSwap is organized, without regard to conflict-of-laws principles. Any dispute will be brought exclusively in the state or federal courts located in that state, and you consent to personal jurisdiction there.

14. Contact

Questions about these Terms? Email us at support@spoilswap.com.