Updated: 02/08/2020
TradeMade, Inc. and its subsidiaries (hereinafter, “TM” “us,” or “we”) respects your privacy and is committed to helping you understand what data we collect, why we collect it, and what we do with it. Please, take time to read the Privacy Policy carefully. By providing personal information to us, you agree to this Privacy Policy.
TradeMade App End User License Agreement
This End User License Agreement (“Agreement”) is between you and TradeMade and governs use of this app made available through the Apple App Store. By installing the TradeMade App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the TradeMade App.
In order to ensure TradeMade provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each post.
1. Parties This Agreement is between you and TradeMade only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. TradeMade, not Apple, is solely responsible for the TradeMade App and its content.
2. Privacy App Name may collect and use information about your usage of the TradeMade App, including certain types of information from and about your device. TradeMade may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the TradeMade App.
3. Limited License TradeMade grants you a limited, non-exclusive, non-transferable, revocable license to use the TradeMade App for your personal, non-commercial purposes. You may only use the TradeMade App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Objectionable Content Policy Content may not be submitted to TradeMade, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
5. TradMade reserves the right to remove you from the platform if you do not follow our rules of conduct and other policies, which are the following:
Prohibited conduct:
Postings or messages that are defamatory, libelous, fraudulent or otherwise violate the law.
Postings or messages that violate right of publicity or privacy.
Posting or transmitting any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that’s or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Using TradeMade for any purpose that’s fraudulent or unlawful.
Harvesting or collecting information about our users or directing our users to external websites or apps to harvest or collect their information.
Interfering with or disrupting the operation of TradeMade or our servers or networks.
Restricting or inhibiting any other person from using TradeMade.
Reproducing, modifying, distributing or otherwise exploiting any portion of TradeMade except as authorized by us.
Reverse engineering, decompiling or disassembling any portion of TradeMade.
Systematically downloading our content.
Unless you’re a public search engine, using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather our content.
Asking a prospective traders questions about their sex, race, religion, sexual orientation, gender, or family status.
You must accurately and fairly represent yourself and the items you’re buying or selling on TradeMade. Attempts to deceive or defraud users are not allowed on the platform.
If it’s not yours to Trade, Don’t Trade it:
You must rightfully own anything you intend to trade on TradeMade. We have a zero tolerance policy for stolen goods. Remember, violating someone else’s intellectual property is a form of theft. This means counterfeit goods or replicas that are being traded without permission from the rightful owner aren’t allowed.
We prohibit the following from the platform:
Counterfeit goods
Replicas that are traded without consent from the trademark owner
Stocks and other securities, as well as other non-transferable items
Stolen goods
Hacking tools
Vehicles where you are not the titleholder
The rules of conduct on TradeMade are:
Attempts to lure users off of TradeMade to other services are prohibited
Negotiate trades in good faith
You may not circumvent our anti-spam and anti-fraud efforts (this includes multiple postings of the same item)
All items uploaded should include photos that are clear, well-lit, and accurately represent what you’re selling
Prohibited conduct:
Messages that are intended to harass, intimidate, threaten, or demean another user
Items that promote or support hate groups
Items that depict or glorify violence
Racial slurs
It’s your responsibility to understand all laws where you live and to make sure your activity on TradeMade is legal. For example, you may need to make sure it’s legal for you to trade your item, or that you are following the law regarding real estate you’ve listed for sale or rent.
Understand and honor our Prohibited Items guidelines:
Read and respect our prohibited items guidelines, but most importantly, use common sense. If you wouldn’t sell it to your aunt, it’s not for TradeMade.
This list covers most of what isn’t allowed, but we’ll remove any item we feel is harmful to the TradeMade community.
Adult content
Sexual content, adult toys or other items that include explicit nudity are not allowed on TradeMade.
Prohibited items include:
Pornography
Adult Toys
Drugs & alcohol
TradeMade isn’t a place to sell drugs or alcohol, even if it’s legal to do so in your jurisdiction. That said, you can buy and sell pipes, hookahs, or other accessories associated with tobacco products.
Prohibited items include:
Alcoholic products
Tobacco
E-cigarettes and e-juice
Illegal Drugs
Prescription drugs or medical devices
Over-the-counter drugs and supplements
Animals
We love animals, but you can’t use our app to trade them.
Prohibited listings include:
Live animals (including coral)
Fossils
Skin and bones from endangered or protected species
Food
It doesn’t matter how good your cooking is, food and other related food products are not allowed.
Prohibited items include:
Party trays of perishable food
Homemade jams and jellies
Baby food and formula
Services
We currently don’t allow some professional services like legal, financial, or most medical services. Additionally, you can’t offer to do something illegal for someone else.
See below for a list of prohibited services.
Prohibited services include:
Financial Services (tax filing and preparation, insurance, loans, and credit scoring)
Legal Services (debt collection, will preparation, legal advice)
Medical Services (chiropractic care, cosmetic services like Botox)
Escort Services, companionship, matchmaking
Massage services
Services which are themselves illegal (unlocking phones and other hardware) or may include illegal activity
Services related to alcohol or drugs
Services involving guns or other weapons
Affiliate or pyramid schemes
Services making extreme or unrealistic promises (“Lose 50 lbs in a week!”, “Cure cancer!”)
Spam
We don’t allow spam on our app – not the meat product and not the annoying, untargeted behavior that clogs up the internet. Don’t repeatedly post the same products, and don’t start a conversation with someone unless you’re actually interested in buying their item.
Prohibited items include:
Repeated listings of the same item
Mass messages sent without the intent of trading items on TradeMade
Weapons and Other Dangerous Items
Your safety will always be TradeMade’s top priority. We prohibit dangerous items like firearms, fireworks, or items that have been widely recalled.
Prohibited items include:
All firearms, accessories and ammunition
Airsoft, BB, or other novelty guns that do not clearly display an orange safety tip
Tasers
Burglary Tools
Fireworks
Pesticides, tear gas, and other hazardous chemicals or controlled substances
Miscellaneous
The policies above cover most of what isn’t allowed, but are not exhaustive. We’ll remove any item we feel is harmful to the TradeMade community.
Other prohibited items that are commonly posted are listed below.
Prohibited items include:
Used cosmetics
Lottery tickets and other sweepstakes or gambling
Items obtained through government assistance
Bodily fluids such as breast milk
Sale of currency as a product (cryptocurrencies, euros, dollars, etc.). Collectibles are okay.
6. Warranty TradeMade disclaims all warranties about the TradeMade App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, TradeMade, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support TradeMade does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, TradeMade, not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims TradeMade, not Apple, is responsible for addressing any claims by you relating to the TradeMade App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the TradeMade App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims App Name shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the TradeMade App. To the extent TradeMade is required to provide indemnification by applicable law, TradeMade, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the TradeMade App or your use of it infringes any third party intellectual property right.
10. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with TradeMade, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
11. To the extent permitted by law, (1) we make no promise as to TradeMade, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and TradeMade is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your TradeMade use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“TradeMade ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) TradeMade ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL)
12. IRS Tax Law on Bartering & Trading: https://www.irs.gov/taxtopics/tc420
13. Registering with TradeMade – In order to be able to use TradeMade’s services, a registration with TradeMade is required. Individuals over the age of 18 have the right to register. As a minor, you may only register with TradeMade if you are at least 14 years old and your legal representatives have provided their consent. We have the right to make the use of TradeMade services contingent on proper proof of your identity, your legal age, or your legal representative’s consent.
The registration itself is free of charge (free account) and does not make you sign up for a paid subscription. By registering, you are executing an agreement with TradeMade for a limited, free use of the platform.
You can use your e-mail address as well as a password of your choice to register. Alternatively, you may register using a single sign-on service (for example, Facebook login). You can only register via our iOS app.
Any information required for registration must be complete and correct and always up-to-date. TradeMade has the right to save and process the data you provided during registration, in accordance with the provisions on Data Protection.
The password used must be kept confidential. Keeping it a secret is solely and fully your responsibility. The TradeMade user account may only be used by you. Any unauthorized use of your user account, as well as any such suspicion to that effect should be communicated to TradeMade immediately.
14. Executing an Agreement for a Paid Subscription – To be able to fully benefit from TradeMade’s services, additional service packages in the form of paid subscriptions (“Subscription access”) will be made available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options.
TradeMade’s subscriptions are ad-free, paid subscriptions that allow you to have full and complete use of the trade and barter functionality. We currently offer the following subscriptions / service packages:
Pay by month (monthly plan): a $2.99 monthly charge that is set to auto-renew on the monthly plan.
Pay by year (annual plan): a $11.88 upfront payment for a year (12 months, $0.99 per month) that is set to auto-renew on the yearly plan.
The TradeMade Premium service packages include an ad-free experience and full mobility through our customer-facing trade and barter functionality. There is no experiential in-app difference between the monthly and annual plans.
You will maintain this experience as long as your subscription is valid.
You submit a legally binding offer for a fee-based subscription, if you enter the information requested in the online order form and then click on the “Order with obligation to pay” button. By doing so, you submit a legally binding offer for an agreement for a paid subscription. Before submitting your order, you may change and view the data at any time.
The agreement is accepted when TradeMade issues a notice of acceptance, which will be sent to you immediately by email (receipt and order confirmation). In this email, the text of the agreement (consisting of the order, terms and conditions and order confirmation) will be sent to you by TradeMade on a permanent data carrier (email) (agreement confirmation). Your subscription begins on this date. The text of the agreement is saved subject to data protection.
Please read our Privacy Statement for information on the collection, use and processing of your data.
15. Trials/ Testing Phases – TradeMade occasionally offers new users in particular, free subscription access for testing purposes for a certain period of time ( “Trial”). TradeMade determines, at its sole discretion, if you may participate in a trial. TradeMade may discontinue or change such free trial at any time without prior notice or notification, upon providing an important reason.
You can only participate in certain trials if you enter your payment details when you sign up for the trial. In these cases, we need your consent at the beginning of the trial for the fact that your free access will switch to a paid subscription access after the trial ends, on the day following the end of the trial. In this situation, your subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period.
If you do not wish to have the subscription access and the charge associated with it, you must cancel your subscription access given to you during the trial (for example, by simply going to your TradeMade Account Settings or respective app store settings) before the end of the trial. For subscriptions completed as in-app purchases, we cannot control the refunds and therefore cannot guarantee a refund.
16. Cancellation Policy – If you are a consumer (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), you are entitled to a legal withdrawal right when executing a distance selling agreement, so in this case when signing an agreement for a fee-based subscription with TradeMade, about which TradeMade informs below, as per the requirement of the statutory model. Please note that in the case of an in-app purchase, you have the right to withdraw from the respective operator of the app store, i.e., Apple or Google.
17. Notice of changes to the Policy
TradeMade reserves the right to modify this Policy at any time by notifying registered users via e-mail or the App of the existence of a new Policy and/or posting the new Policy on the Services. All changes to the Policy will be effective when posted, and your continued use of any TradeMade Services after the posting will constitute your acceptance of, and agreement to be bound by, those changes.
18. Contacting Us
If you have any questions or comments regarding this Policy, please contact us by email at support@trademade-app.com. Please do not send sensitive information to us by email, since email communications are not always secure.