Terms and Conditions

1. Definitions and nature of the service

Trueku (hereinafter "Trueku") operates an online intermediation platform that allows individual users and small businesses to exchange goods with each other without monetary consideration (barter or exchange). Trueku acts exclusively as an intermediary and is not a party to any exchange between users.

The platform is subject to Regulation (EU) 2022/2065 on Digital Services (DSA) as a small online platform (< 45 million monthly active users in the EU).

2. Acceptance of terms

Access to and use of Trueku implies full and unreserved acceptance of these terms and the Privacy Policy. If you do not accept them, you must not use the platform.

3. Registration requirements

To create an account on Trueku you need to:

• Be a natural person at least 16 years of age, or an authorised legal representative of a legal entity.
• Provide truthful, accurate and up-to-date information.
• Have a valid email address.

By registering you expressly declare that you meet these requirements. Trueku may request additional identity verification and suspend accounts whose accuracy is in doubt.

4. User account

• You are responsible for maintaining the confidentiality of your credentials and all activity carried out from your account.
• An account is personal and non-transferable (except for duly identified company accounts).
• You must notify us immediately of any unauthorised access by writing to [email protected].
• Trueku may suspend or cancel your account if you breach these terms.

5. Listing items

When listing an item on Trueku:

• You declare that you are the legitimate owner or have express authorisation to exchange it.
• Photographs must be yours or you must have the necessary rights to publish them.
• The description of the item's condition must be truthful and complete.
• You grant Trueku a non-exclusive, royalty-free, worldwide licence to display the content on the platform and its communication channels while the item is listed.

5.1 Prohibited items

It is strictly forbidden to list on Trueku:

Trueku may remove without prior notice any listing that violates these rules and report it to the competent authorities.

6. Private individual vs. trader distinction (DSA)

In compliance with Art. 30 of Regulation (EU) 2022/2065 (DSA), Trueku informs:

• Users who reach 25 or more exchanges in the last 12 months may receive a request to verify their status (private individual vs. habitual trader).
• Users operating as traders must identify themselves as such and comply with the applicable consumer protection obligations.
• Systematically listing items to obtain equivalent benefit to a commercial activity may constitute a commercial activity, regardless of the absence of a monetary price.

7. The exchange: process and responsibilities

The exchange process on Trueku follows these steps:

1. User A proposes an exchange to user B.
2. B accepts or rejects the proposal.
3. Both parties agree and coordinate the shipment of their respective items.
4. Each party confirms receipt of the item on the platform.
5. Both parties may rate the experience.

Trueku does not guarantee:

• The condition, functioning, quality or authenticity of the exchanged items.
• The suitability of the exchange for the user's purposes.
• Compliance with shipping obligations by either party.

Each user exchanges at their own risk. Trueku assumes no liability for losses, damages or harm arising from an exchange between users, except in cases of fraud or gross negligence directly attributable to Trueku.

8. Shipping data and privacy

Shipping data (name, address, phone) is only shared with the counterpart when both users have given their express consent on the platform. Without that dual consent, the data remains masked. This mechanism does not exempt users from their own data protection obligations regarding information they receive.

9. Dispute system

If a problem arises with an exchange, either party may open a dispute through the platform. Trueku will act as a neutral mediator, but has no capacity to force the outcome of the dispute or compel the parties to a solution. Trueku's recommendations do not replace judicial proceedings.

10. Ratings

Ratings are public and permanent unless Trueku determines they violate the content policy. You may not post false, defamatory or rights-infringing ratings. Abuse of the rating system may result in the suspension of your account.

11. Intellectual property

The code, design, brand and other content of Trueku are the property of Trueku and are protected by intellectual and industrial property law. Users retain all rights over their own content and only grant Trueku the licence described in section 5.

If you believe that any content on the platform infringes your intellectual property rights, please contact us at [email protected] with the information required to process the removal.

12. Notice and action mechanism (DSA Art. 16)

You may report illegal content or content that violates these rules using the "Report" button available on each listing, or by writing to [email protected]. We will process each report within a reasonable timeframe and inform you of the outcome. If you disagree with the decision, you may request a review at the same address. Trueku will not be liable for unlawful content posted by third parties if it acts with due diligence upon becoming aware of it.

13. Tax notice

Bartering may have tax implications under the law of your country of residence. For users subject to DAC7 (EU Directive 2021/514), Trueku may be required to report activity information to the competent tax authorities if legal thresholds are exceeded. Trueku does not provide tax advice; we recommend consulting a qualified professional.

14. Limitation of liability

To the fullest extent permitted by applicable law, Trueku shall not be liable for: indirect, consequential, special or punitive damages; loss of data or loss of profits; content posted by users; or service interruptions due to force majeure or scheduled maintenance.

Trueku's maximum liability to a user, under any circumstances, shall be limited to the amounts actually paid by that user to Trueku in the 12 months prior to the event causing the damage, or €50 if no payment has ever been made.

15. Modification of terms

Trueku may modify these terms with a minimum notice of 15 days (except for urgent changes required by law or regulation). We will notify you by email and by notice on the platform. Continued use after that period implies acceptance of the new terms. If you do not accept them, you may cancel your account before they come into force from the settings page.

16. Applicable law and jurisdiction

These terms are governed by directly applicable European Union law and, where not covered by it, by the law of the country in which Trueku has its principal place of business.

• ODR Platform (EU): the European Commission makes available to consumers the online dispute resolution platform at ec.europa.eu/consumers/odr.
• Users in the EU: without prejudice to the foregoing, you may litigate before the courts of your domicile pursuant to the Brussels I bis Regulation.
• Disputes between Trueku and the user: are submitted to arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC), in Spanish or English at the claimant's choice.
• Users outside the EU: disputes that cannot be resolved amicably are submitted to arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC), seated in Madrid and in Spanish or English at the claimant's choice.

17. Service exchange between private individuals

The services feature on Trueku is exclusively available to natural persons acting as private individuals, outside of any economic, professional or business activity.

Trueku is not an employer, recruitment agency or labour broker. A user who publishes a service does not have any employment or contractual relationship with Trueku arising from that publication.

Tax responsibility

Exchanging services may have tax consequences (income tax, VAT or equivalent taxes) under the laws of your country of residence. Trueku does not provide tax advice. You are solely responsible for complying with your tax obligations.

Prohibited services

It is not permitted to publish services that:

• Require unaccredited professional authorisation or licence (medicine, law, financial advice, electrical or gas installations, civil construction work).
• Involve the care of minors without the accreditation required by local law.
• Are sexual or adult in nature.
• Include access to third-party personal data without the appropriate legal framework.
• Involve surveillance, private security or intelligence activities.
• Are illegal in the jurisdiction of either the provider or the recipient.

Quality and outcome

Trueku does not guarantee or accept responsibility for the quality, timeliness, suitability or outcome of the services exchanged. The platform's dispute system is the intended channel for resolving disagreements between the parties.

Intellectual property

Ownership of intellectual property rights over the result of a service (design, code, photography, text or other deliverable) is subject exclusively to the agreement between the parties. Trueku acquires no rights over deliverables created in the context of an exchange.