1. Introduction and Definitions

These Terms and Conditions (“Terms”) govern your access to and use of the MUXTI mobile application and any related services (collectively, the “Platform”), operated by Garbis Tapacian (“Operator”, “we”, “us”, or “our”), an individual resident of the Republic of Cyprus.

MUXTI is a peer-to-peer online marketplace that enables registered users to post, browse, and respond to listings for the purchase, sale, and exchange of physical goods. The Operator provides the technical infrastructure and moderation framework for the Platform but is not a party to any transaction concluded between users.

1.1 Definitions

In these Terms, the following words have the meanings given below:

• “Account” means the registered user profile created by a natural person upon completing registration on the Platform.
• “Content” means any text, images, descriptions, pricing information, contact details, or other material submitted by a user through the Platform.
• “Listing” means an advertisement posted by a Seller on the Platform offering goods for sale or exchange.
• “Draft Listing” means a Listing that has been saved by a Seller but not yet submitted for moderation or published to the public feed.
• “Bump” means a one-time free extension of a Listing’s active period by 30 days, available to Sellers in the 24-hour window before the Listing is due to expire.
• “Boost” means a paid promotional service that elevates a Listing to a higher position in feed and search results for a defined period.
• “Featured” or “Featured Placement” means the promotional status automatically awarded to a Listing that has met the criteria of the Featured Placement Programme as described in clause 44a, entitling that Listing to a carousel slot in the Platform’s dedicated Featured section displayed at the top of the main feed.
• “Featured Carousel” means the horizontal scrollable banner displayed at the top of the main feed, showing up to ten (10) active Featured Listings at any one time.
• “Featured Queue” means the first-in-first-out waiting list of Listings that have qualified for Featured Placement but for which no carousel slot is currently available.
• “Wallet” or “MUXTI Wallet” means the prepaid credit balance held within the Platform, denominated in Euro, usable exclusively to purchase Boost services.
• “Stripe” means Stripe, Inc., the third-party payment processor integrated into the Platform for processing all monetary transactions.
• “Buyer” means a user who responds to or purchases goods from a Listing.
• “Seller” means a user who posts a Listing on the Platform.
• “Prohibited Items” means any goods, services, or content specified in Section 6 of these Terms.
• “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data.
• “Cyprus Law” means the laws of the Republic of Cyprus as applicable from time to time.

2. Acceptance of Terms

By downloading, installing, accessing, or using the MUXTI application, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference.

If you access the Platform on behalf of another person or entity, you represent and warrant that you have full authority to bind that person or entity to these Terms.

Your continued use of the Platform following any amendment to these Terms shall constitute your acceptance of the revised Terms.

3. Eligibility

1. You must be at least 18 years of age to create an Account or use the Platform in any capacity.
2. You must have the legal capacity to enter into binding contracts under applicable law.
3. Persons who have been suspended or permanently banned from the Platform are not eligible to register a new Account.
4. If you are acting as a professional seller, you are responsible for complying with all applicable consumer protection obligations imposed on traders under Cyprus Law and EU Directive 2019/771.
5. Use of the Platform by persons located in jurisdictions where such use is prohibited by local law is at the sole risk of the user.

4. User Accounts

4.1 Registration

6. To access core features of the Platform, you must register an Account using a valid email address. Registration is completed via a one-time verification code. No password is created or stored.
7. You agree to provide accurate, current, and complete information during registration and to update such information promptly when it changes.
8. Each individual may register only one Account. Creating multiple Accounts to circumvent moderation decisions, avoid bans, or manipulate the Platform is strictly prohibited.

4.2 Account Security

9. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur under it.
10. You agree to notify us immediately at boogieapps.help@gmail.com if you suspect any unauthorised access to or use of your Account.
11. The Operator is not liable for any loss or damage arising from your failure to maintain the security of your Account.

4.3 Account Termination by User

12. You may delete your Account at any time through the Account settings menu. Upon deletion, your Content will be removed from public view.
13. Any Wallet balance remaining at the time of Account deletion is forfeited unless a refund has been expressly agreed in writing by the Operator.

5. Listings and Content

5.1 Posting Listings

14. Users may post Listings for physical goods only.
15. Each Listing must accurately and truthfully describe the item offered, including its condition, any known defects, and its price.
16. Listings must include at least one clear photograph of the actual item.
17. You may not use the Platform to advertise items that are not in your possession or under your lawful control at the time of posting.
18. Sellers are solely responsible for the accuracy of Listings and for compliance with all applicable laws relating to the goods advertised.
19. The Operator reserves the right to remove, edit, or decline any Listing at its sole discretion, without notice and without liability.

5.2 Listing Duration, Expiry and Bump

20. Each active Listing remains publicly visible on the feed for 30 days from the date it is first published or most recently reactivated. After 30 days, the Listing is automatically hidden from the public feed. The Listing remains visible to the Seller under “My Listings” with an “Expired” status and may be renewed (which resubmits it for moderation review), archived, or deleted by the Seller.
21. Sellers are responsible for removing or marking as sold any Listing once the corresponding item has been sold or exchanged.

5.3 Draft Listings

5.4 Pricing and Taxes

22. All prices must be stated in Euro (EUR) and must be inclusive of any applicable taxes that the Seller is legally required to include.
23. Sellers who are VAT-registered are responsible for charging and accounting for VAT in accordance with applicable Cyprus and EU law.
24. Buyers and Sellers are individually responsible for their respective tax obligations arising from transactions conducted through the Platform.

5.5 Licence to Content

25. By posting Content on the Platform, you grant the Operator a non-exclusive, royalty-free, worldwide licence to use, store, display, reproduce, and distribute your Content solely for the purpose of operating and promoting the Platform.
26. You represent and warrant that you own or have the necessary rights to all Content you submit.

6. Prohibited Items and Content

The following categories are strictly prohibited. This list is non-exhaustive.

6.1 Illegal Items (Prohibited by Cyprus or EU Law)

• Firearms, component parts, ammunition, suppressors/silencers, and related accessories.
• Swords, bladed weapons, and martial arts weapons requiring a permit under Cyprus law.
• Knives and bladed articles where the sale or transfer is restricted under Cyprus law.
• Narcotic drugs, psychotropic substances, and precursor chemicals.
• Prescription-only medicines, controlled medications, and veterinary medicinal products for human use.
• Hazardous chemicals, toxic substances, and biological agents classified as dangerous under EU CLP Regulation (EC) No 1272/2008.
• Radioactive materials, nuclear materials, or equipment capable of producing ionising radiation.
• Explosives, pyrotechnics, and fireworks (other than commercially packaged consumer fireworks legally available for retail sale in Cyprus).
• Counterfeit, replica, or trademark-infringing goods in violation of EU Regulation 608/2013.
• Stolen goods or goods obtained through any illegal means.
• Child sexual abuse material (CSAM) or any content that sexually exploits or endangers minors.
• Content that incites terrorism, racial or religious hatred, or violence against any person or group.
• Human remains, body parts, organs, or tissue.
• Items derived from CITES Appendix I or II species.
• Currency counterfeits and instruments used to produce counterfeit currency.
• Equipment used for illegal surveillance, including covert recording devices and IMSI catchers.
• Government-issued identity documents, travel documents, passports, driver licences, and official stamps or seals.
• Items exported in violation of EU export control regulations or UN sanctions.

6.2 Restricted Items (Prohibited by Platform Policy)

• Alcohol — the sale of alcoholic beverages on MUXTI is not permitted.
• Tobacco products, e-cigarettes, vaping devices, and nicotine products — prohibited regardless of the user’s age.
• Live animals — except as permitted in writing by the Operator for licensed breeders.
• Medical devices that lack the CE marking required under EU Medical Device Regulation (EU) 2017/745.
• Unlicensed food products, products lacking mandatory EU labelling, raw milk, or any food product prohibited for retail sale in Cyprus.
• Adult content — sexually explicit material or services of a sexual nature.
• Financial instruments — shares, bonds, derivatives, cryptocurrency, foreign currency, or investment products.
• Gambling services, lottery tickets, betting slips, or any gaming product regulated under Cyprus gaming law.
• Pyramid schemes, multi-level marketing schemes, or any scheme requiring recruitment to generate financial return.
• Personal data, email databases, mailing lists, or any collection of third-party personal information.
• Academic dishonesty services — essays, dissertations, or assignments intended to be submitted fraudulently.
• Hacking tools, malware, spyware, ransomware, keyloggers, or exploit code.
• Satellite and cable TV decoders or smart cards designed to receive encrypted broadcast signals without authorisation.
• Military-grade equipment, body armour, and official government or law enforcement uniforms without written authorisation.
• Discriminatory content — items that demean or promote discrimination on the basis of any protected characteristic.
• Spam services, bulk messaging systems, or tools to facilitate unsolicited commercial communications.
• Recalled or banned consumer products formally withdrawn from the market by a competent authority.
• Counterfeit certificates of conformity, quality marks, or testing reports.

6.3 Consequences of Prohibited Listings

Any Listing that falls within a prohibited category will be removed without notice. Repeated violations, or a single serious violation, may result in immediate and permanent suspension of the offending Account. The Operator reserves the right to report illegal activity to the Cyprus Police or other competent authorities.

7. Transactions Between Users

MUXTI is a venue. The Operator is not a party to any transaction concluded between a Buyer and a Seller.

27. All negotiations, agreements, payment for goods, and delivery or collection arrangements are conducted directly between the Buyer and the Seller.
28. The Operator does not inspect, authenticate, verify, or guarantee the condition, quality, safety, legality, or accuracy of any goods listed on the Platform.
29. The Platform does not operate an escrow service, payment protection scheme, or buyer protection programme for user-to-user transactions.
30. Where a dispute arises between a Buyer and a Seller, the Operator may, at its absolute discretion, provide limited assistance in facilitating communication, but is under no obligation to do so.
31. The Operator strongly recommends that: (a) Buyers inspect goods in person before making any payment; (b) transactions be concluded in a public place; (c) users do not pay in advance for high-value items before inspecting them; and (d) users exercise caution with any offer that appears too good to be true.
32. The legal obligation to remedy non-conforming goods rests with the Seller, not with the Operator, pursuant to Law 133(I)/2021 implementing Directive (EU) 2019/771.
33. Users who have been the victim of fraud should report this to the Cyprus Police immediately. The Operator will cooperate with competent authorities in any lawful investigation.

8. Payments and MUXTI Wallet

8.1 Payment Processing

34. All monetary transactions on the Platform are processed by Stripe, Inc. By making a payment through the Platform, you also agree to Stripe’s Terms of Service and Privacy Policy.
35. The Operator does not store your card number, bank account details, or other sensitive payment credentials. All such data is handled exclusively by Stripe in accordance with PCI DSS standards.
36. Payments are denominated in Euro (EUR).

8.2 MUXTI Wallet

37. The MUXTI Wallet is a prepaid credit balance that may be used exclusively to purchase Boost services within the Platform. Wallet credits have no monetary value outside the Platform and cannot be transferred to another user, withdrawn as cash, or used to pay for goods in user-to-user transactions.
38. Wallet credits are added by topping up your balance using a supported payment method through the Stripe checkout interface.
39. Wallet credits do not expire whilst your Account remains active.
40. Wallet credits are non-refundable, except where: (a) a technical error attributable to the Platform results in an incorrect deduction; or (b) a refund is expressly required under applicable consumer law.
41. Upon Account deletion, any remaining Wallet balance is forfeited, unless a refund is expressly agreed in writing by the Operator prior to deletion.

9. Boost Service and Featured Placement Programme

42. The Boost service is an optional paid promotion that positions a Listing at or near the top of the Platform’s feed and search results for the duration of the selected Boost plan.
43. Boost plans are offered for defined durations (e.g., 3 days, 7 days, 14 days) at the prices displayed in the application at the time of purchase. Prices are inclusive of any applicable VAT.
44. A Boost activates immediately upon successful payment confirmation. The Operator does not guarantee a specific ranking position, as results may vary based on the number of competing Boosted Listings at any given time.
45. When a Boost is applied to a Listing, the Listing’s 30-day expiry window (as described in clause 20) is automatically extended to 30 days after the end of the Boost period, ensuring the base listing countdown begins only once the paid promotion has concluded. This extension is applied automatically and does not require any action by the Seller.

45. The Boost service is a digital service that is delivered and consumed immediately upon activation. Accordingly, Boost payments are non-refundable once a Boost has been activated, except as provided in clause 46.
46. Refund exception — Moderation removal: If a Boosted Listing is rejected or removed by the Operator’s moderation team during the active Boost period, the Seller is entitled to a pro-rata refund of the unused Boost duration. Refund requests must be submitted to boogieapps.help@gmail.com within 14 days of the Listing’s removal. Approved refunds will be credited to the user’s MUXTI Wallet within 7 business days.
47. A refund under clause 46 will not be issued where the Listing was removed because it: (a) contained Prohibited Items as defined in Section 6; (b) was found to be fraudulent, misleading, or in material breach of these Terms; or (c) was removed at the Seller’s own request.
48. The Operator reserves the right to modify Boost pricing, plan durations, and features at any time with reasonable prior notice communicated through the application.

10. Content Moderation

49. The Operator employs automated keyword filtering and human moderation to monitor Listings and user Content for compliance with these Terms.
50. Listings may be held for review, edited, or removed at the Operator’s discretion. Where a Listing is removed due to a suspected violation, the Seller will be notified through the application or by email where practicable.
51. Users may report Listings or other Content that they believe to be in violation of these Terms.
52. The Operator is not obligated to pre-screen Content before it is published. However, the Operator reserves the right to review any Content at any time and to take any action it deems appropriate.
53. The Platform’s content moderation activities are conducted on a reasonable-efforts basis and do not constitute a representation or warranty that the Platform is free from non-compliant, illegal, or harmful Content.
54. Where content is identified as potentially involving criminal conduct, the Operator will cooperate with competent Cyprus law enforcement authorities as required by law.

11. User Conduct

You agree that you will not, through your use of the Platform:

• Post false, misleading, or deceptive Listings or Content.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Harvest, scrape, or systematically collect user data or other information from the Platform without the Operator’s prior written consent.
• Use automated bots, crawlers, or scripts to interact with the Platform.
• Attempt to gain unauthorised access to any part of the Platform or any other user’s Account.
• Interfere with or disrupt the integrity or performance of the Platform.
• Engage in any conduct that harasses, abuses, stalks, threatens, or intimidates any other user.
• Use the Platform’s messaging system to send spam, chain messages, phishing attempts, or unsolicited commercial communications.
• Coordinate with other users to artificially manipulate search rankings, ratings, or any other feature of the Platform.
• Circumvent or attempt to circumvent any technical or operational restriction imposed by the Operator.
• Reproduce, duplicate, copy, sell, or exploit any portion of the Platform without the Operator’s express written permission.
• Use the Platform for any purpose that is unlawful under Cyprus, EU, or international law.

11a. In-App Messaging

The Platform provides an in-app messaging feature that allows registered users to communicate directly in connection with specific listings. The following rules apply to your use of this feature:

• Messaging on the Platform is provided solely to facilitate communication between buyers and sellers in connection with listed items. You may not use it for any unrelated commercial solicitation or off-Platform activity.
• You must not use the messaging system to: (a) send unsolicited commercial messages, spam, or chain messages; (b) conduct any form of phishing, social engineering, or fraud attempt; (c) harass, threaten, or intimidate any other user; (d) share contact details for purposes other than completing a legitimate transaction relating to a specific listing; or (e) solicit transactions that circumvent the Platform’s rules or Boost policies.
• Read Receipts: The Platform includes a read receipt feature that signals to the sender when their message has been opened by the recipient. This feature is enabled by default. Either party may opt out at any time in Settings → Privacy & Security. When either party in a conversation has opted out, no read confirmation will be shown to either party for that conversation. The opt-out preference is stored server-side and applies immediately.
• Typing Indicators: When you are composing a message, a real-time typing indicator is broadcast to the other participant in the conversation. This signal is ephemeral — it is never stored on our servers — and is automatically cleared when you stop typing. Typing indicators operate as part of the messaging feature and cannot be disabled independently.
• The Operator does not routinely monitor or read the content of private messages. However, users may report messages they believe to be abusive or in breach of these Terms by contacting boogieapps.help@gmail.com. The Operator reserves the right to review flagged messages and take appropriate action, including Account suspension or termination.
• Message content is stored on the Platform’s servers for as long as the conversation thread exists. Full details of how messaging data is handled, retained, and deleted are set out in the Privacy Policy.

12. Intellectual Property

55. The MUXTI name, logo, application design, interface, software, and all associated intellectual property rights are the exclusive property of the Operator or licensed to the Operator by third parties.
56. You retain ownership of Content you submit to the Platform, subject to the licence granted in clause 25.
57. If you believe that your intellectual property rights have been infringed by Content on the Platform, please contact the Operator at boogieapps.help@gmail.com.

13. Privacy and Data Protection

58. The Operator processes personal data in accordance with the GDPR (Regulation (EU) 2016/679) and the provisions of Cyprus Law 125(I)/2018.
59. Full details of how the Operator collects, uses, stores, and protects your personal data are set out in the Privacy Policy, which is incorporated into these Terms by reference and available within the application.
60. Your rights under the GDPR include the right to access, rectify, erase, restrict, or object to the processing of your personal data, and the right to data portability. Requests should be submitted to boogieapps.help@gmail.com.
61. If you have a complaint about the Operator’s processing of your personal data that has not been satisfactorily resolved, you have the right to lodge a complaint with the Commissioner for Personal Data Protection of the Republic of Cyprus.
62. Where you make your contact details visible in a Listing, you expressly consent to other users contacting you in connection with that Listing.

14. Disclaimers

63. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
64. The Operator does not warrant that: (a) the Platform will be available at all times; (b) any Listing is accurate, complete, or lawful; (c) the Platform is free of viruses or malicious code; or (d) any defects will be corrected.
65. The Operator does not endorse any user, Listing, or item advertised on the Platform.
66. Market value and pricing guidance, if provided by the Platform, is for informational purposes only.

15. Limitation of Liability

67. To the fullest extent permitted by applicable Cyprus and EU law, the Operator shall not be liable for: (a) any indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenue, data, goodwill, or business opportunities; (c) any damages arising from your reliance on Content posted by other users; or (d) any damages arising from transactions conducted between users.
68. The Operator’s aggregate liability to you for all claims shall not exceed the greater of: (a) the total amount paid by you to the Operator in the twelve (12) months preceding the claim; or (b) EUR 100.
69. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or fraud.
70. These limitations reflect a fair allocation of risk between the parties given that the Platform is provided as a venue for peer-to-peer transactions at no charge to users (other than optional paid services such as Boost).

16. Indemnification

You agree to indemnify, defend, and hold harmless the Operator from and against any claims, liabilities, damages, losses, costs, and expenses arising out of or related to: your breach of these Terms; your violation of any applicable law or third-party right; any Content you submit; any transaction you conduct through the Platform; or any dispute between you and another user.

17. Suspension and Termination

17.1 Termination by the Operator

71. The Operator may, at its sole discretion, suspend, restrict, or permanently terminate your Account at any time and without prior notice where: (a) you have violated these Terms; (b) the Operator reasonably suspects fraudulent, abusive, or illegal activity; (c) your Account has been inactive for an extended period; (d) the Operator is required to do so by applicable law or a court order; or (e) the Operator ceases to operate the Platform.
72. Where reasonably practicable and not prohibited by law, the Operator will notify you of a suspension or termination and the reasons therefor.
73. Upon termination of your Account, your right to use the Platform ceases immediately.

17.2 Effect of Termination

74. Upon Account termination: (a) all Listings associated with the Account will be removed, including any Draft Listings; (b) any unused Wallet balance will be forfeited; and (c) active Boost periods are not refundable where the termination was caused by a user’s breach of these Terms.

18. Changes to These Terms

75. The Operator reserves the right to amend these Terms at any time. Material changes will be communicated to registered users via in-app notification or email at least 14 days before the changes take effect.
76. If you do not agree with a proposed change, you must stop using the Platform before the change takes effect.
77. The Operator will maintain a record of previous versions of these Terms, which are available upon request.

19. Governing Law and Dispute Resolution

78. These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus.
79. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus.
80. Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute in good faith through direct communication. Complaints should be directed to boogieapps.help@gmail.com. The Operator undertakes to respond to complaints within 15 business days.
81. Consumers resident in the European Union have the right to use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.
82. Nothing in this Section prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

20. General Provisions

83. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Operator regarding your use of the Platform.
84. Severability: If any provision of these Terms is held to be unlawful, invalid, or unenforceable, that provision will be severed from the remainder of the Terms, which will continue in full force and effect.
85. No Waiver: The Operator’s failure to enforce any right or provision shall not constitute a waiver of that right or provision.
86. Assignment: You may not assign or transfer your rights or obligations under these Terms without the Operator’s prior written consent.
87. Force Majeure: The Operator shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control.
88. Language: These Terms are written in English. In the event of any conflict between an English version and a translation, the English version shall prevail.
89. Electronic Agreement: These Terms are concluded electronically and constitute a valid and binding agreement under the Cyprus Electronic Commerce Law (Law 156(I)/2004) and EU Directive 2000/31/EC.

21. Contact Information