Terms and Conditions

Last updated: April 2, 2026

These Terms and Conditions ("Terms") govern your use of My Ski Swap services, websites, and applications, including myskiswap.com and app.myskiswap.com (collectively, the "Services").

The Services are provided by Digital Powder, LLC, doing business as My Ski Swap ("My Ski Swap", "we", "our", or "us"). By creating an account or using the Services, you agree to these Terms.

1. Eligibility and Accounts

You must be at least 18 years old to create an account or use the Services.
You must provide accurate account information and keep it updated.
You are responsible for activity that occurs under your account credentials.
You must safeguard your password and notify us if you suspect unauthorized access.
We may suspend or terminate accounts for violations of these Terms or misuse of the Services.
You may close your account at any time by contacting us at support@myskiswap.com. Upon closure, we will delete or anonymize your personal data in accordance with our Privacy Policy, except where retention is required by law or for legitimate business purposes such as financial record-keeping.

2. Service Scope

My Ski Swap provides tools to host and manage ski swap events, consignor/vendor inventory, point-of-sale activity, receipts, communications, and related workflows.

3. Acceptable Use

You may not use the Services for unlawful, fraudulent, abusive, or deceptive activity.
You may not attempt to interfere with platform security, availability, or normal operation.
You may not upload malicious code, spam, or content that infringes third-party rights.
You may not use the Services in violation of payment network, card brand, or applicable legal rules.

4. Your Data and Content

You retain ownership of content and data you submit to the Services.
You grant us permission to host, process, and transmit your data as needed to operate the Services.
You are responsible for ensuring you have appropriate rights and permissions for data you provide.
If you participate in an event, your name, email, phone number, and address may be made available to the applicable host and authorized event staff as needed to administer consignments, coordinate pickup, and issue payouts.
Hosts and authorized event staff may use participant data only for event operations, customer support, payout and tax administration, fraud prevention, and legal compliance.
For host-run event operations, hosts generally act as independent controllers of participant data under applicable law, and My Ski Swap acts as a service provider/processor supporting the platform.

5. Payments and Billing

Subscription billing for organizer accounts may be processed through third-party providers such as Stripe.
Event and POS card payments may be processed through Square and related services.
You authorize charges for selected plans and services and are responsible for applicable taxes and fees.
Paid organizer plans may renew automatically unless cancelled before the next billing cycle. You are responsible for reviewing plan pricing and billing terms presented at checkout.
You may cancel a paid plan before renewal to avoid future charges. Unless required by law or expressly stated otherwise, fees already paid are non-refundable and partial billing periods are not prorated.
If a payment method fails or an invoice remains unpaid, we may suspend or limit access to paid features until the balance is resolved.

6. SMS and Email Communications

By enabling SMS notifications, you consent to receive transactional text messages related to your activity.
Message and data rates may apply based on your carrier plan.
You may opt out of SMS by replying STOP to applicable messages.
We may send service and account-related emails needed to provide the Services.

7. Third-Party Services

The Services rely on third-party providers (for example payment processors, messaging, email delivery, hosting, and storage). Their availability and policies may affect how parts of the Services operate.

8. Intellectual Property

We and our licensors own the Services, including software, branding, and related materials. These Terms do not grant you ownership of our intellectual property.

9. Service Changes and Availability

We may modify, suspend, or discontinue features at any time. We do not guarantee uninterrupted or error-free service.

10. Disclaimers

The Services are provided on an "as is" and "as available" basis, to the maximum extent permitted by law, without warranties of any kind.

11. Limitation of Liability

To the maximum extent permitted by law, My Ski Swap will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total cumulative liability for all claims arising out of or related to these Terms or the Services shall not exceed the greater of (a) the amounts you paid to us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

12. Indemnification

You agree to indemnify and hold harmless My Ski Swap and its affiliates, officers, and employees from claims arising from your use of the Services, your content, or your violation of these Terms or applicable law.

13. External Event Listings

The Services may allow users to post listings for ski swap events organized by third parties ("External Listings"). My Ski Swap does not organize, endorse, or guarantee the accuracy of External Listings. You are solely responsible for verifying event details before attending or participating. If you post an External Listing, you represent that the information is accurate and that you have authorization to publish it.

14. Host Responsibilities and Marketplace Role

Hosts are solely responsible for their events, including event operations, consignment terms, item intake, pricing, payouts, tax handling, compliance, refunds, and chargeback management.
My Ski Swap provides software and listing tools only and is not the seller, merchant of record for host-run item sales, consignor, buyer, bailee, broker, or organizer of third-party events unless expressly stated otherwise in writing.
Any dispute between a host and a consignor, vendor, buyer, attendee, or other third party is solely between those parties, except to the limited extent a claim directly concerns My Ski Swap's own Services.

15. Copyright Complaints

If you believe content on the Services infringes your copyright or other intellectual property rights, contact us at support@myskiswap.com with sufficient detail for us to review the request, including your contact information, identification of the work claimed to be infringed, identification of the allegedly infringing material, and a statement of your claimed rights. We may remove or disable access to challenged content where appropriate.

16. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith informal negotiation by contacting us at support@myskiswap.com. If a dispute cannot be resolved informally within thirty (30) days, either party may pursue resolution in the state or federal courts located in Washington County, Oregon, and both parties consent to personal jurisdiction in those courts.

17. Governing Law

These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law rules.

18. Additional Contract Terms

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any provision is not a waiver of our right to do so later.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
These Terms, together with any applicable order, pricing, or policy documents expressly incorporated by reference, form the entire agreement between you and My Ski Swap regarding the Services.
Any provisions that by their nature should survive termination, including payment obligations, intellectual property protections, disclaimers, limitation of liability, indemnification, and dispute terms, will survive.

19. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted here with a revised "Last updated" date. Continued use after updates means you accept the revised Terms.

20. Contact

Email: support@myskiswap.com

My Ski Swap (Digital Powder)

8050 SW Nimbus Ave, Beaverton, OR 97008, United States