1. Acceptance
By creating an account or using Swappraise (the "Service"), you agree to these Terms & Conditions ("Terms"). If you do not agree, do not use the Service. When Terms change, the "Last updated" date will reflect the current version, and continued use means acceptance of the updated Terms.
These Terms constitute a legally binding agreement between you and Swappraise.
2. Eligibility
You are at least 18 years old, with legal capacity, not otherwise barred by law, and complying with local, state, national and international laws.
We do not knowingly collect information from or permit registration of users under 18 years of age. If we learn an account belongs to someone under 18, it will be terminated and related data deleted consistent with our Privacy Policy.
3. Description of Service
Swappraise lets people list items, discover nearby listings, match via swipe, chat, arrange swaps, request AI appraisals, use credits, and leave reviews. Features may change or be discontinued.
4. Accounts
4.1 Registration
Register with email/password (AWS Cognito) or via Google or Apple (iOS). Provide accurate information and keep it current.
4.2 Security
Keep credentials confidential and notify us of any suspected unauthorized use. You are responsible for activity on the account.
4.3 Restrictions
- One account per person; no false information or shared/assigned accounts.
- No unapproved commercial use, scraping, or automated access.
5. Location
Precise GPS is required for core features. By using the Service, location data may be collected, stored with AWS/Firebase, used to show approximate location (city/region), and displayed with Google Maps. Disabling location prevents core functionality. See the Privacy Policy for details.
6. User Content
6.1 Ownership & License
You own your content. You grant us a worldwide, non‑exclusive, royalty‑free, transferable, sub-licensable license to host, use, reproduce, display, distribute, adapt for technical needs, store with third parties, process via AI for appraisals/moderation, and use anonymized/aggregated data for analytics and service improvement.
You confirm you have necessary rights and permissions for using your content.
6.2 Moderation
Content is automatically checked (e.g., AWS Rekognition, text checks). Flagged content may be blocked or removed without notice. Manual review or appeals may be introduced later.
6.3 Prohibited Content/Conduct
Infringing, deceptive, explicit, hateful, violent, or illegal content is prohibited. Stolen/counterfeit items are prohibited. Harassment, impersonation, data harvesting, security circumvention, interference, and bots/scrapers are prohibited.
7. Swaps
7.1 Platform Role
We facilitate connections only and are not a party to swaps. We do not verify items or identities, and do not guarantee completion. Swaps are at your sole risk.
7.2 How Swaps Work
Mutual like creates a match; chat to agree to terms; confirm; complete. Reviews are optional. When both parties mark a swap complete, listings are locked and we cannot reverse it.
7.3 Safety
We recommend to meet in public, preferably daytime; tell someone; inspect items; avoid sharing financial data; report suspicious behaviour.
7.4 Risks
Risks include misdescription, illegal/counterfeit items, loss/damage, personal safety risks, and fraud. Swappraise does not provide any insurance, protection, or guarantees for swaps. We are not liable for any damages, losses, or injuries resulting from swaps arranged through the Service.
8. AI Appraisal Service
8.1 Operation
Photos and details may be sent to third‑party AI to estimate value and market insights; multi‑step processing can take ~40 seconds; failures auto‑refund credits.
8.2 Providers & Data
AI providers may change and can be outside Germany/EU. Third‑party terms/policies apply.
8.3 Disclaimer
Appraisals are only informational estimates and may differ from market reality. Use judgment, especially for high‑value items. We do not guarantee the accuracy, completeness, or reliability of appraisals.
9. Credits System
Credits may be earned (e.g., ads) or purchased via app stores when available. Credits have no monetary value, are non‑redeemable, non‑transferable (unless enabled), may change in price/earn rate, and are non‑refundable once successfully used. Unused credits are forfeited upon termination. App‑store refund rules apply to purchases.
10. Advertisements
Third‑party ads may appear. Advertiser content and practices are their responsibility. By using the Service, you consent to viewing advertisements.
11. Chat
11.1 Functionality
Messaging uses Firebase (Firestore). Messages may be stored outside Germany/EU; system messages may be sent. Chat rooms are created/open on match.
11.2 Content & Off‑platform
You are responsible for your messages; prohibited‑content rules apply. Do not move transactions off‑platform to avoid policies.
11.3 Retention & Privacy
Messages are persistently stored, not end‑to‑end encrypted, and may be accessed for moderation, debugging, or legal reasons. Retention may be indefinite to provide the Service.
11.4 Notifications
Notifications may be sent for matches, messages, swaps, reviews, rewards. You can manage notification preferences in your account settings. Essential service notices may still be sent even if preferences are disabled.
12. Reviews
Reviews must reflect actual experiences and comply with policies. We reserve the right to remove reviews and/or restrict accounts that violate our content policies, contain false information, or are otherwise inappropriate.
13. Reporting & Enforcement
13.1 Reporting
Users can report violations in‑app with details (reason, description...). We review reports but we do not guarantee timelines or outcomes.
13.2 Actions
At our discretion, we may warn users, remove content, restrict features, suspend or terminate accounts, or contact authorities without prior notice.
14. Notifications & Permissions
Push notifications use Firebase Cloud Messaging; device tokens may be collected and stored on third‑party servers. You can manage notification preferences in your account settings. However, we may send essential service notifications (e.g., account security) regardless of your preferences. Disabling notifications may affect time‑sensitive interactions.
15. Third‑Party Services
Third parties include AWS (auth/back end), Google Firebase (chat, notifications, analytics, storage), Google Maps, Sentry (error reporting), AWS Rekognition (moderation), and AI providers for appraisals. Their terms/policies apply and may change without notice. By using Swappraise, you also agree to comply with the terms of service and privacy policies of these third-party providers. We are not responsible for the actions, policies, or practices of third-party service providers.
16. Privacy
Personal data processing is described in our Privacy Policy, incorporated by reference. Using the Service implies consent to processing by third‑party providers and, where applicable, transferring outside Germany/EU.
17. Deletion & Retention
17.1 Deleting
You can delete your own account in‑app or contact us. We remove personal data from active systems; listings are removed; profile is hidden; unused credits are lost; messages may persist in anonymized form in others' chats.
17.2 Legal Retention
We retain limited records for compliance, fraud prevention, disputes, and audit (e.g., registration/deletion logs, consent, credit/appraisal logs, and reports/enforcement) consistent with EU/German law.
17.3 Third‑Party Retention
Deletion timelines depend on third‑party policies; immediate or complete deletion cannot be guaranteed.
18. Intellectual Property
18.1 Ours
The Service, features, design, software, trademarks, and branding are protected. You may not copy, modify, reverse engineer, remove notices/labels, or use our trademarks or branding without permission. You may not frame or mirror any part of the Service.
18.2 Yours
Your content license in Section 6.1 continues as needed (e.g., for reviews).
19. Permitted Use & Taxes
Personal, non‑commercial use only without written consent. Unauthorized commercial use or automated tools may lead to termination. Users are responsible for any tax obligations arising from swaps. We do not provide tax advice and recommend consulting a tax professional if you have questions about your obligations.
20. Disclaimers
The Service is provided "as is" and "as available," without warranties of merchantability, fitness, non‑infringement, accuracy, reliability, availability, security, or compatibility. No guarantees about items, users, or AI appraisals; features may change or stop without liability.
21. Limitation of Liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or use, arising from the Service, user conduct, items, meetings, AI appraisals, unauthorized access, outages, or third‑party services.
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and whether we have been advised of the possibility of such damages. In no event shall our total liability to you exceed the amount you paid to us (if any) in the 12 months preceding the event giving rise to liability, or €100, whichever is greater.
Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
22. Indemnity
You will indemnify and hold harmless Swappraise and affiliates from claims, losses, and costs (including reasonable attorneys' fees) arising from your use, violations of law or these Terms, rights violations, content, items, interactions, or meetings. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
23. Disputes
23.1 Informal & Mediation
Contact us first to attempt an informal resolution. If unresolved within 45 days, the parties will attempt mediation before litigation.
23.2 Governing Law & Venue
German law governs. Exclusive jurisdiction and venue: courts of Frankfurt am Main, Germany. Equitable relief for IP/confidential information is not restricted.
24. Termination
You may terminate at any time. We may suspend/terminate for violations, illegal activity, prolonged inactivity, or at our discretion. Upon termination, access ends, unused credits are forfeited, data handling follows Section 17, and provisions that by nature survive will continue.
25. Changes to Terms
We may update Terms at any time. The "Last updated" date will change, and in‑app notice (and email for material changes, if available) may be provided. Continued use after the effective date is acceptance.
26. Availability
We may modify, suspend, or discontinue features; conduct maintenance; adjust credit economics; or limit regions without liability. No guarantee of uninterrupted or error‑free service.
27. General
- Entire agreement: these Terms plus Privacy and Cookie Policies.
- Severability: invalid terms are adjusted to the minimum needed; the rest remain effective.
- Waiver: must be written; no implied waivers.
- Assignment: you may not assign; we may assign (including M&A).
- Force majeure: no liability for events beyond control.
- No agency: no partnership, joint venture, or employment created.
- Language: English controls if translations differ.
- Export control: comply with applicable laws.
28. Contact
Email: [email protected] • [email protected] • [email protected]