Shack Terms of Service

The short version

• Shack is an app where private individuals auction used items to each other. Shack AG runs the app. We are not the seller, not the buyer and not a party to your sale.
• Bids are binding. If you win an auction, you must pay the seller within 7 days. The sale contract is concluded when you pay.
• You pay the seller directly (for example cash, TWINT, bank transfer, PayPal or crypto). Shack does not hold money, does not check payments and offers no buyer protection.
• Listing and buying are free. Optional extras are unlocked with Shack Coins, which you buy from Apple from age 18. Coins have no cash value and do not expire.
• Some features use AI. AI can be wrong. Check every draft before you publish it.
• The Shack Token is issued by the Shack Association, not by Shack AG. It has no function in the app.
• You must be at least 13. If you are under 18, you need your parents' consent to bid and sell.
• Swiss law applies, but the mandatory consumer protection of your home country still protects you.
• Part B has extra rules for the EU/EEA, the USA, Switzerland and the Apple App Store. If you live in the United States, Part B section B2 contains an arbitration agreement and a class action waiver.

1. About these Terms

1.1 These Terms of Service ("Terms") govern your use of the Shack app, the Shack chat assistant and related services (the "Service"), provided by Shack AG, Untere Roostmatt 8, 6300 Zug, Switzerland, UID CHE-310.197.650 ("Shack", "we", "us").

1.2 By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1.3 The following also apply:

• our Privacy Policy at shack.xyz/privacyPolicy/. It explains how we handle personal data. It is information, not a contract you have to accept;
• the list of prohibited items and the content rules shown in the app under Settings > Prohibited Articles;
• the terms of Apple and of any messaging service you use with the chat assistant (sections 10 and 18).

1.4 Part A applies to everyone. Part B adds or replaces rules for users in certain countries and prevails for them.

2. Who may use Shack

2.1 Private use only. Shack is for private individuals buying and selling for personal purposes, not for business. If you sell regularly to make a profit, you may count as a trader under the law. Traders may not sell on Shack, and we may restrict accounts we believe act as traders.

2.2 Minimum age. You must be at least 13 years old to use Shack.

2.3 Users aged 13 to 17. If you are under 18 (or under the age of majority in your country), you may bid and sell only with the consent of your parents or legal guardian. Before your first bid or your first Listing, the app asks you to confirm that your parents agree. Sellers and buyers should know that a contract with a minor may be voidable under the law if the parents did not agree.

2.4 Features only for adults. Only users aged 18 or older can buy Shack Coins. Paid Chests and the token screen are not shown to users under 18. The app checks your age when it first matters, for example before your first bid, Listing or Coin purchase, using the age range Apple shares with apps or by asking you.

2.5 Where you may use Shack. You may use Shack only in countries where it is officially available in the App Store, and not if you are subject to sanctions of Switzerland, the EU, the USA or the United Nations or live in a comprehensively sanctioned country. Shack is not offered in China.

2.6 One person, one account. You may hold only one account, unless we allow otherwise. It is personal and may not be sold, transferred or shared.

3. Your account

3.1 Sign in. You can sign up with Apple, Google or your phone number. To bid and to use the Chat Assistant, you must verify your phone number by SMS code.

3.2 Correct information. Your information must be true and up to date, in particular your name and postal address, which are shared with the other party after a sale (section 7.3). Usernames and profile pictures must follow our content rules.

3.3 Security. Keep your login and devices secure. You are responsible for what happens in your account, unless it was used without your fault. Tell us immediately at crew@shack.xyz if someone else may have access. Accounts created by bots are deleted.

4. Shack's role as a marketplace

4.1 We provide the platform, nothing more. Shack provides the platform on which users list items, bid and get in touch. Sales contracts are concluded only between seller and buyer. Shack is not a party to that contract and does not act as agent for either side.

4.2 No payment handling, no buyer protection. Shack does not process or hold payments between users and offers no escrow, buyer protection or money back guarantee. Shack does not ship, check or insure items.

4.3 No checks of users or items. We do not check items, their description or legality, whether a seller may sell or a buyer can pay, or whether payment details are correct. Our moderation (section 16) is no such check.

4.4 Sellers are private persons. All sellers declare that they are private individuals, not traders. Consumer rules for purchases from businesses (such as a right of withdrawal) usually do not apply between two private persons. Section 7.6 and Part B explain what does apply.

4.5 Ranking. The order of Listings in search results and feeds is set automatically. By default, Listings are sorted by relevance to your search, distance to the item if you share your location, and how recently they were published. You can choose another order, for example ending soon or price. Boosted Listings are labelled in the app. Paying for visibility never affects the outcome of an auction.

4.6 Leaderboards. We may show rankings of users, for example by rare avatar items.

5. Listings

5.1 Creating a Listing. A "Listing" is an item offered for auction on Shack. You can create one from photos, text, a web link or through the Chat Assistant, and AI may prepare a draft (section 17). You are responsible for the final Listing.

5.2 Content of a Listing. A Listing must:

• describe a real item that you may sell and can hand over, truthfully and with known defects;
• use your own photos of the actual item, unless the app clearly allows otherwise;
• state pickup or shipping, with shipping cost and regions;
• state any warranty you give. By default, a Listing is a private sale without warranty, and the app shows "Private sale, without warranty" visibly on every Listing. If you want to give a warranty, state it in the Listing (section 7.6).

5.3 Prohibited items. You may not list items that are illegal in your or the buyer's country or on our list of prohibited items, such as weapons, drugs, medicines, alcohol and tobacco, counterfeit or stolen goods, hazardous or recalled products, live animals, adult content, financial products, personal data and accounts. We may update the list at any time.

5.4 Review. We check Listings automatically when they are published or changed, and by hand (section 16). If the automated check is unsure or fails, the Listing stays online and our team reviews it. We may refuse, hide or remove Listings that break these Terms or the law.

5.5 Location. A Listing shows an approximate location so that nearby users can find it. We place it in a grid of about 200 m, so it is at most about 140 m from your address. Your exact address is not shown. It is shared only with the buyer after a sale (section 7.3).

5.6 Running auctions. While your auction is running, do not sell the item elsewhere. Once a Listing has bids, you must sell to the winning bidder and may not change essential details or end the auction early. Once a Listing has a bid, the app no longer lets you edit, withdraw or delete it.

6. Auctions and bids

6.1 Start price and duration. The seller sets the start price. The seller also chooses the duration: 1 hour, 1 day, 7 days or an end date between 1 hour and 30 days ahead. When the app fills in a Listing for you, it suggests a duration based on the start price. The duration is shown before you publish.

6.2 Seller's commitment. By publishing a Listing, the seller commits to sell the item to the highest bidder at the end of the auction, at the final price and on the terms of the Listing (section 7).

6.3 Placing a bid. To bid, you need a verified phone number. The app first shows a summary with the amount and any maximum bid, which you can correct or cancel. Your bid is placed only when you confirm it with the bid button.

6.4 Bids are binding. A bid is binding under these Terms. If it is the highest bid when the auction ends, you must pay the final price within 7 days. The purchase contract with the seller is concluded when you pay (section 7.1). You cannot withdraw a bid, except where the law allows (for example an obvious typing error reported to us and the seller without delay). Your bids on running auctions are also withdrawn when you delete your account (section 26.2).

6.5 Maximum bids. If you set a maximum bid, the system bids for you in the smallest step needed to keep you in the lead, up to your maximum. The app does not show your maximum to other users. You can raise it at any time and lower it only as far as it has not been used.

6.6 Bid steps and extension. The minimum bid step is set automatically, and the current highest bid is visible to all. A bid in the last two minutes extends the auction by one minute, as often as this happens.

6.7 Auctions without bids. If an auction ends without any bid, it is extended automatically. Each extension lasts as long as the original duration of the auction (at least 1 hour and at most 30 days). There is no limit on the number of extensions. To stop them, withdraw or delete the Listing. You can do this as long as it has no bids.

6.8 Bids through the Chat Assistant. The Chat Assistant can send you a bid proposal that is valid for five minutes. The bid is placed only when you confirm it with the button in the chat, and then counts like a bid in the app.

6.9 Fair bidding. You may not bid on your own Listings, ask others to do so, use several accounts, or work with others to move prices. Do not bid if you do not intend to pay. If a seller has blocked you, you cannot bid on their Listings.

6.10 Technical errors. If an obvious technical error leads to a wrong result (for example a wrong end time), we may correct the result or cancel the auction and inform those affected.

7. After the auction: the contract between buyer and seller

7.1 Winning bid and contract. The highest bid at the end of the auction is binding. The winning bidder (the "buyer") must pay the final price, plus shipping costs if the item is shipped, within 7 days after the auction ends, unless the two agree otherwise. During this time, the seller must keep the item for the buyer and accept the payment. The purchase contract between the seller and the buyer is concluded when the buyer pays. Shack is not a party to this contract.

7.2 Payment. The buyer pays the seller directly, using a payment method the seller offers in the app. Check payment details carefully. Payments, in particular crypto payments, often cannot be reversed. Shack cannot recover payments.

7.3 Contact details. After the auction, the buyer and the seller each see the other's name, postal address and contact details (such as phone number and email) and the seller's payment details. You may use this information only to complete the sale, including any warranty claims. Any other use, in particular for advertising or harassment, is prohibited.

7.4 Handover. The seller hands over or ships the item as described in the Listing, without undue delay after payment. The buyer confirms receipt in the app.

7.5 If a party does not perform. If the buyer does not pay within the 7 days, the auction is cancelled. No purchase contract is concluded, and the seller is free to relist the item or sell it elsewhere. Not paying a winning bid breaks these Terms, and we may take measures against the buyer, such as warnings, limits on bidding or suspension (section 26.4). If the seller does not hand over the item after payment, the buyer has the rights the law gives. Each party keeps any other rights it has against the other under the applicable law.

7.6 Warranty between users. Private sellers may exclude the statutory warranty where the law allows. Unless the seller states a warranty in the Listing, every Listing is a private sale without warranty, and the app shows this visibly on the Listing (section 5.2). The exclusion does not apply to defects the seller fraudulently concealed, to characteristics the seller agreed or guaranteed (for example in the description), or to liability for intent and gross negligence and for injury to life, body or health. Where the applicable law does not allow the exclusion, the statutory warranty applies. Part B contains country rules.

7.7 Taxes. Each user is responsible for taxes and duties on their own sales and purchases, including import duties.

7.8 Disputes between users. Disputes about a sale are between buyer and seller. The purchase contract is a separate contract between buyer and seller. Which law applies to it follows the applicable conflict of laws rules. Section 28 covers the contract between you and Shack. We may provide information where the law allows, but we do not decide the dispute.

8. Payment details you store

8.1 You can store payment details for your buyers in your profile: crypto wallet addresses, a PayPal handle, a TWINT phone number and an IBAN. You confirm that they are yours and correct. Shack does not verify them and is not responsible for payments sent to wrong details.

8.2 Accepting crypto assets may have tax or legal consequences. You are responsible for checking them.

9. Ratings

9.1 After an auction, only the buyer and the seller can rate each other. The seller can rate the buyer once the payment is marked as received. The buyer can rate the seller once the item has been shipped or picked up. A rating is either a recommendation or no recommendation. A rating becomes visible when both have rated, or 14 days after the order was created. Ratings are shown publicly on the profile.

9.2 Ratings must be honest and based on the actual transaction. You may not offer or accept anything for a rating or use ratings to pressure others. We may remove ratings that break these Terms or the law.

10. Paid features and Shack Coins

10.1 Free basics. Creating Listings, bidding and buying are free. Shack charges no commission on sales.

10.2 Buying Coins. Shack Coins ("Coins") are virtual credits that users aged 18 or older buy in the app from Apple through In-App Purchase. Apple processes the payment under its terms. Prices are shown before you buy, including taxes.

10.3 Unlocking features. You can use Coins only inside the Service, to unlock features shown with their Coin price, such as boosts, badges, AI comic images, AI videos (section 17.7), paid Chests and avatar items, access to contact details where offered, and requests for a social media ad for a Listing (section 14.3). Before you unlock a feature, the app shows its scope and its Coin price. Visibility features do not guarantee views, bids or sales.

10.4 Contract with Shack. When you unlock a feature with Coins, you conclude a contract with Shack, and Shack performs it immediately. Before you unlock your first feature, the app asks you once to agree that features start immediately and that your right of withdrawal then ends (see Part B where it applies).

10.5 What Coins are not. Coins are a licence to unlock certain features. They are not money, electronic money or a crypto asset, have no cash value and cannot be exchanged, transferred or sold. Coins have nothing to do with the Shack Token (section 19).

10.6 Refunds. Apple handles purchases and refunds of Coins under Apple's terms, at reportaproblem.apple.com. If Apple refunds a purchase, we may deduct the Coins. Shack does not refund Coins or features unlocked with Coins, except where these Terms say so (section 17.7) or mandatory law requires it (for example a withdrawal under Part B). Where Shack refunds Coins, Shack credits them back to your account. There is no payout in money.

10.7 Free Coins. Coins received for free (section 12) are a promotional gift. We may cancel free Coins obtained by fraud, abuse or a technical error.

10.8 No expiry. Coins do not expire. If you delete your account, remaining Coins are lost.

10.9 If your account ends without a breach by you. If we close your account without a breach by you (section 26.4, last sentences), we give you notice in advance, and you can use your unused Coins until the account is closed. If you close your account because you reject changed Terms (section 27.3), you can use your Coins until then. Shack does not refund unused Coins, except where mandatory law requires it.

10.10 Changes and discontinuation. We may change the features that can be unlocked with Coins and their prices in Coins. A change does not affect features you have already unlocked. If we stop offering Coins altogether, we tell you at least 60 days in advance, and you can use your unused Coins until then. Shack does not refund unused Coins, except where mandatory law requires it.

11. Chests and avatar items

11.1 What Chests are. Chests contain random avatar items for your Shack avatar. You can open a free Chest with 3 items once every 24 hours. Where offered, users aged 18 or older can unlock paid Chests with Coins in three sizes, with 5, 35 or 100 items. Paid Chests are not available in Belgium.

11.2 Odds. The app shows the chance of each rarity before you open a Chest. The odds apply per item: the rarity of each item in a Chest is drawn separately, with the same odds for free and paid Chests. At the time of this version the odds are:

If the odds in the app differ from this table, the odds in the app apply.

11.3 No value. Avatar items are for fun and for decorating your avatar. They have no monetary value. They cannot be sold, traded, transferred or exchanged for money, Coins or anything else, on Shack or elsewhere. Rare finds may be shown publicly in the live feed and on leaderboards with your username and avatar.

12. Welcome gifts and referrals

12.1 Welcome gift. New users receive 10 Coins once, after verifying their phone number. Each phone number and each Apple or Google sign-in can receive the welcome gift only once, also after an account is deleted.

12.2 Referrals. If you invite someone with your referral code and that person enters your code in the app and has verified their phone number, you both receive 10 Coins. Each account, each phone number and each Apple or Google sign-in can redeem a referral code only once, also after an account is deleted, and you cannot redeem your own code.

12.3 Fair use. You may not create accounts, use other people's phone numbers, or send spam to collect gifts. We may change or end these programmes for the future. Coins already credited stay valid unless section 10.7 applies.

13. Community features

13.1 Shack offers public and private groups, discussions and questions on Listings, comments, likes, follows, an activity feed, a public live feed of rare finds and leaderboards. Users who follow you see your activity in their feed, for example your new Listings and bids.

13.2 Public posts can be seen by all users and, if shared, by others. Posts in private groups can be seen by their members.

13.3 Users who create a group are responsible for keeping it within these Terms. We may close groups that break them. The creator of a group can change its name, description and whether it is open, appoint and remove admins, invite and remove members, and delete the group once it has no other members or open invitations. Admins can invite members, accept requests to join and remove members who are not admins. Neither can edit or delete other members' Listings.

13.4 You can block other users. A blocked user can no longer bid on your Listings, ask questions or start or join discussions on them, reply to your messages, comment on your activity, follow you, request your contact details or invite you to groups, and cannot open your profile or your Listings in the app. Their comments and messages are collapsed for you. Running orders between you continue.

14. Your content and the licence you give us

14.1 You own your content. You keep all rights in what you post, upload or send through the Service, such as photos, texts, Listings, comments, messages and ratings ("User Content").

14.2 Your responsibility. You confirm that you have all rights needed to post your User Content, including the rights of people shown in photos, and that it does not break the law or these Terms.

14.3 Licence to Shack. You give Shack a worldwide, non-exclusive, royalty-free licence to use, store, copy, adapt (for example resize or translate), display and share your User Content, as far as needed to:

• operate and improve the Service, including search and translations;
• show your Listings and public posts inside and outside the app, for example in shared links;
• promote Shack and its Listings in our own channels. If you request a social media ad for a Listing, our team may also use its photos and text in an ad on Meta or TikTok platforms.

We may sub-license our service providers for these purposes only. The licence ends when you delete the content or your account, except for copies in backups until they expire, records of completed transactions the law requires us to keep, and content other users have already shared.

14.4 No sale of your content. We do not sell your User Content. We do not allow our AI provider to train its models on it. Google's terms for its cloud AI services do not allow Google to use our data to train or fine-tune AI models without our permission.

15. Rules of conduct

15.1 There is no tolerance for objectionable content or abusive users on Shack. You may not:

• post content that is illegal, sexual, violent, hateful, discriminatory, harassing, threatening, defamatory, or that harms minors;
• post false or misleading information, in particular about the condition, origin or value of an item;
• infringe the rights of others, such as copyright, trademarks, personality or privacy rights;
• impersonate others or create fake accounts;
• send spam or unsolicited advertising, or advertise items that are not for sale on Shack;
• manipulate auctions, ratings, rankings, gifts or paid features;
• move a sale off Shack to avoid a binding auction;
• collect data of other users, use bots, scrapers or other automated access, or overload our systems;
• circumvent security measures, age checks, regional restrictions or blocks;
• decompile, reverse engineer or copy the app, except where the law expressly allows it;
• upload malware or interfere with the Service;
• use the Service for fraud, money laundering or any other unlawful purpose.

15.2 Content on Shack must be suitable for users aged 13 and over. Our automated checks apply this standard.

16. Moderation, notices and complaints

16.1 How we moderate. We use automated checks and human review to find content and behaviour that break the law or these Terms. Automated checks with AI and keyword filters run on Listings when they are published or changed, and on comments, discussion messages, usernames, profile photos, profile links and search terms. If the check of a Listing is unsure or fails, the Listing stays online and our team reviews it; we hide it if it breaks these Terms or the law. Content that clearly breaks the rules can be blocked automatically, for example a photo. Reports and automated flags go into a review queue, where our team handles the most urgent cases first, such as child safety. Suspending or closing an account is always decided by a person. You can always ask for a human review (section 16.5).

16.2 Possible measures. We may remove, hide or limit content, cancel an auction, restrict features, or suspend or close an account. We act proportionately to the severity, frequency and consequences of the breach.

16.3 Reporting content. In the app, you can report a Listing, a profile, a comment or a discussion message. You choose one of nine reasons (illegal content, fraud or scam, prohibited item, harassment or hate, sexual content, violence or weapons, child safety, spam, something else) and can add a note. Anyone, also without an account, can report content at crew@shack.xyz. Please say why the content is illegal or in breach, where it is (for example a link), your name and email (not needed for child sexual abuse material), and confirm that your report is made in good faith and is correct. We confirm receipt in the app or by email, decide carefully and without undue delay, and tell you our decision, also if we decide not to act.

16.4 Statement of reasons. If we restrict your content or account, we send you a notice in your activities in the app and by push notification, unless the law prevents this. It states the measure, the reason and the facts, the rule of these Terms or the law concerned, whether the decision was automated or made by a person, and how and until when you can appeal.

16.5 Appeals and complaints. You can appeal a moderation decision, or a decision not to act on your report, within six months after you were informed. In the app, open the moderation notice in your activities and appeal there. You can also write to crew@shack.xyz. Appeals are free. A person reviews them. If the appeal is justified, we reverse our decision, for example by restoring the content or lifting the measure. We tell you the result with reasons. Your other legal remedies remain available.

16.6 Misuse. If you often post clearly illegal content or send clearly unfounded reports, we may, after a warning, suspend your account or your reports for a reasonable time.

16.7 Authorities. We cooperate with authorities where the law requires it. If we learn of a criminal offence that threatens someone's life or safety, we inform the competent authorities.

17. AI Features

17.1 What AI does on Shack. We use AI, currently Google's Gemini models through Google Cloud, to draft titles, descriptions and keywords from your photos, text or links, extract details such as size, suggest shipping costs, translate titles and keywords, check content against our content rules, check whether a photo was taken by you, understand and check search requests, power the Chat Assistant, and create AI comic images on request. On request, we also make short videos of Listings from their photos and details with Google's Gemini and Veo models ("AI videos").

17.2 AI can be wrong. AI output ("Output") may be inaccurate, incomplete, biased or unsuitable. A shipping cost suggestion is only an estimate. Check every Output before you use it, in particular before you publish a Listing or confirm a bid. You are responsible for the Listings and bids you publish or confirm, even if AI prepared them.

17.3 Your input. Only provide photos, texts, voice notes and links that you may use. If you import a web page, its content is sent to the AI provider. Do not enter sensitive personal data about yourself or others.

17.4 Use of Output. You may use Output for your Listings and profile. We do not guarantee that it is unique or free of third-party rights.

17.5 Labelling. AI comic images carry a visible "AI-generated" badge in the app and a marking in their metadata. AI videos carry a visible "AI video" label wherever they play and a marking in the file. Do not remove the marking or present an AI image or AI video as a photo or recording of the actual item.

17.6 AI videos. An AI video can differ from the item. If you publish an AI video for your Listing, you check it first and are responsible for it showing your item truthfully, as with your photos and description. An AI video can show people. You confirm that you have the consent of every person shown in your photos and in the published video. We may hide an AI video that breaks these Terms.

17.7 Price of AI videos. An AI video costs Coins. The app shows the price before you start. The price includes one free try with another look for the same Listing. If we cannot make the video, you get the Coins back automatically. Once the video is ready for you to watch, the Coins are not refunded, also if you do not publish it (section 10.6 and Part B).

18. Chat Assistant

18.1 What it is. "Shack" is an AI assistant you can chat with on WhatsApp and through iMessage, SMS and RCS (the "Chat Assistant"). You are talking to an AI, not a person. It can turn your photos into Listing drafts, transcribe voice notes, search Listings, prepare bid proposals (section 6.8) and answer questions about your account.

18.2 Identification. The Chat Assistant recognises you by your verified phone number. Anyone with access to your phone or messaging account can use it in your name.

18.3 Third-party services. WhatsApp is provided by Meta. iMessage, SMS and RCS go through our provider Linq and your carrier, which may charge for messages. Their own terms apply.

18.4 Memory. The Chat Assistant remembers recent turns, a few notes about your preferences (never on sensitive matters such as health or religion) and your recent searches. Send "forget me" to delete its memory. The Privacy Policy has the details.

18.5 Messages we start. We send you messages that you did not ask for in the chat (for example a welcome message on WhatsApp) only if you switched on "Use Shack on WhatsApp too" when you verified your phone number. The switch is off unless you turn it on. You can stop these messages at any time by writing "STOP" in the chat or by blocking the number.

18.6 Limits. The Chat Assistant can make mistakes (section 17.2). It does not give legal, tax or financial advice, cannot change these Terms and cannot make promises on behalf of Shack. Bids placed through it are binding once you confirm them.

18.7 AI agents. You can connect an AI app of another company (for example Claude or ChatGPT) to your account (Privacy Policy section 2.16). What the agent does with the permissions you give it counts as your own action, in particular a Listing it publishes. Check drafts before you publish them. The AI app itself is subject to its provider's terms, and Shack is not responsible for it (section 24.4). You can disconnect it at any time on login.shack.xyz.

19. Shack Token screen

The app has a screen with public market information about the Shack Token ($SHACK), which is issued by the Shack Association, a separate Swiss non-profit association, and not by Shack AG. Shack AG does not sell or recommend the token, which has no function in the app and no link to Shack Coins. The screen is not shown to users under 18 or in countries where it is restricted, and the token is governed only by the Shack Token Terms at shack.xyz/shackToken/terms/.

20. Regional availability of features

20.1 Some features are not available in every country, or only in a modified form, because of local law or app store rules. For example, paid Chests are not available in Belgium. What you see depends on the country of your App Store account and, for some features, on other information such as your phone number or age.

20.2 You may not try to access features that are not available to you, for example with a VPN or a foreign App Store account.

20.3 Payment methods shown to sellers and buyers may also differ by country.

21. Intellectual property and licence to use the app

21.1 The app, the Service, the Shack name and logo, the avatar designs and items, software, texts and graphics belong to Shack or its licensors. You receive no rights to them except the licence in section 21.2.

21.2 We grant you a personal, revocable, non-exclusive, non-transferable licence to install and use the app on Apple devices that you own or control, for your private use and in line with these Terms and the Apple Usage Rules.

21.3 Open source components in the app are covered by their own licences.

22. Availability and changes to the Service

22.1 We work to keep the Service available and secure, but we cannot guarantee that it is always available or free of errors.

22.2 We may add, change or remove features for a valid reason, such as legal requirements, security, technical developments, changes at our providers or low usage. If a change significantly affects features you have unlocked with Coins, we tell you in good time. Part B may give you more rights.

22.3 Older app versions may stop working. You may need to update the app.

23. No further promises

23.1 Except for what we expressly promise in these Terms, and as far as the law allows, the Service is provided "as is" and "as available". We do not promise that you will sell or buy any item, at any price, or that other users will keep their commitments.

23.2 This section does not limit statutory rights that cannot be excluded by contract (see Part B).

24. Liability

24.1 Unlimited liability. We are fully liable for damage caused intentionally or by gross negligence, for injury to life, body or health, and wherever the law does not allow a limitation.

24.2 Slight negligence. In all other cases, and as far as the law allows, we are not liable for damage caused by slight negligence of us or of our auxiliary persons. Part B has different rules for some countries.

24.3 Transactions between users. We are not liable for the acts or omissions of other users, in particular for items, descriptions, payments, deliveries or warranty claims in a sale between users, or for payments sent to wrong payment details.

24.4 Third parties. We are not liable for services of third parties that we do not control, such as Apple, Meta (WhatsApp), carriers, exchanges, wallets or market data sources.

25. Indemnity

If a third party makes a claim against Shack because you culpably broke these Terms or the law, or infringed the rights of others through your User Content or your sales, you must compensate Shack for the resulting damage and reasonable costs of legal defence, as far as the law allows. We will inform you of the claim promptly and give you the chance to comment.

26. Suspension, termination and account deletion

26.1 You can leave at any time. You can delete your account in the app under Settings > Delete Account, or by writing to crew@shack.xyz.

26.2 Open auctions and orders. The app does not block deletion. Before you confirm, it shows how many open orders, running auctions with bids and running bids you have. Your account is then deactivated and finally deleted after 30 days. You can restore it by signing in again during this period. Your running Listings are hidden and your bids on running auctions are withdrawn at once. These bids are not restored if you restore the account. Orders that have not been shipped or picked up by the end of the 30 days are cancelled. Orders already shipped stay open so the buyer can confirm receipt. Deleting your account does not end obligations you already have towards other users under the law. Please complete open sales first.

26.3 What happens when you delete. When your account is finally deleted after the 30 days, we delete or pseudonymise your data as the Privacy Policy describes. Orders and ratings stay in pseudonymised form for the other party. To prevent fraud, we keep one-way codes of every phone number your account has verified and of your Apple and Google sign-in IDs, with your rating summary and any ban, for 2 years. If someone signs up again with one of these numbers or sign-in IDs, the ban and the rating summary carry over to the new account. That welcome and referral Coins were already received is kept under these codes without end date (section 12). Deleted data leaves our backups when they expire, at the latest after one year.

26.4 Suspension and termination by us. We may suspend or close your account, or restrict features, if you seriously or repeatedly break these Terms or the law, if the law requires it, to protect other users or the Service, or if you were not allowed to register (for example because of your age). We act proportionately (section 16.2) and tell you the reasons unless the law forbids it. You may not create a new account to get around a suspension or closure. We may also close your account for another valid reason with 30 days' notice. In that case section 10.9 applies.

26.5 What continues. Sections that by their nature should continue after termination remain in force, in particular sections 7, 14.3 (as stated), 21, 23 to 25, 28 and 29.

27. Changes to these Terms

27.1 We may change these Terms for a valid reason, such as new features, changes in the law, security or unclear wording.

27.2 We tell you about changes in advance in the app and, where we have your email address, by email, if possible at least 30 days before material changes take effect.

27.3 When a new version takes effect, the app asks you to confirm it before you continue. If you do not agree, you can delete your account instead, and section 10.9 applies. Completed and running auctions and features you have already unlocked remain governed by the version in force when they were concluded, unless the change is only in your favour.

27.4 Each version has a version number and an effective date. Earlier versions remain available at shack.xyz/termsOfService/v1/.

28. Governing law and courts

28.1 These Terms and all disputes related to them (for purchase contracts between users see section 7.8) are governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless the law of your country of residence applies mandatorily. For consumers, this can be the case under the Swiss Private International Law Act (Article 120) or under the law of your country.

28.2 If you are a consumer, this choice of law does not take away the protection of the mandatory consumer protection rules of the country where you have your habitual residence.

28.3 The courts at the registered office of Shack AG in Zug, Switzerland have jurisdiction. If you are a consumer, you may also sue in the courts of your place of residence where the law allows this, and we can sue you only where the law allows.

28.4 For users in the United States, the arbitration agreement in Part B section B2 applies.

29. General provisions

29.1 Assignment. You may not transfer your rights or obligations under these Terms without our consent. We may transfer our contract with you to another company, for example in a merger or sale of the business, if this does not reduce your rights. We will inform you in advance.

29.2 Severability. If a provision is invalid or unenforceable, the rest remains valid. As far as the law allows, the invalid provision is replaced by the valid provision that comes closest to its purpose.

29.3 No waiver. If we do not enforce a right immediately, we do not give it up.

29.4 Notices. We send notices in the app, by push notification, by email or by message to your verified phone number. You can send notices to us at crew@shack.xyz.

30. Contact

We communicate in English and German.

B1. European Union and European Economic Area

This section applies if you live in a member state of the EU or in Iceland, Liechtenstein or Norway.

B2. United States

This section applies if you live in the United States. When you sign up, the sign-up screen tells you that these Terms contain an arbitration agreement, and you accept it by creating your account.

B2.1 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND SHACK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS MAY NOT APPLY TO YOU.

B2.2 Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHACK AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS. SHACK'S TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR COINS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) USD 100. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITS MAY NOT APPLY TO YOU.

B2.3 Release. To the extent permitted by law, you release Shack from claims arising out of disputes with other users. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

B2.4 Indemnity. To the extent permitted by law, you will defend and indemnify Shack against third-party claims arising from your culpable breach of these Terms or the law, your User Content or your transactions with other users.

B3. Switzerland

This section applies if you live in Switzerland.

B3.1 No statutory right of withdrawal. Swiss law does not provide a general right of withdrawal for online purchases. Purchases through Apple are subject to Apple's terms.

B3.2 Sales between users. The Swiss Code of Obligations applies to sales between users. A private seller may exclude warranty (Article 199 CO). Every Listing is a private sale without warranty unless the seller states a warranty in the Listing (sections 5.2 and 7.6). The exclusion is void for defects the seller fraudulently concealed (Article 199 CO) and does not cover characteristics the seller agreed or guaranteed, liability for intent and gross negligence (Article 100 CO) or injury to life, body or health.

B3.3 Liability. Section 24 applies. Liability for intent and gross negligence cannot be excluded (Article 100 CO).

B4. Apple App Store

This section applies if you downloaded the app from Apple's App Store.

B4.1 These Terms are concluded between you and Shack only, not with Apple Inc. ("Apple"). Shack, not Apple, is solely responsible for the app and its content.

B4.2 Your licence is limited to using the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including use through Family Sharing where Apple allows it.

B4.3 Shack alone is responsible for maintenance and support of the app (section 30). Apple has no obligation to provide any maintenance or support.

B4.4 Shack is solely responsible for any warranties not effectively disclaimed. If the app fails to conform to a warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses due to a failure to conform to a warranty are Shack's sole responsibility.

B4.5 Shack, not Apple, is responsible for addressing any claims by you or a third party relating to the app or its use, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation.

B4.6 If a third party claims that the app or your use of it infringes its intellectual property rights, Shack, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

B4.7 You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

B4.8 You must comply with applicable third-party terms when using the app, for example those of your mobile carrier or of WhatsApp.

B4.9 Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.