Terms of Service

Majerszki Nikolett E.V. (operating under the brand Swappie) (“Swappie,” “we,” “our,” or “us”) provides https://getswappie.com and the other websites under the getswappie.com domain, and any corresponding mobile application and any Members-only community channels we may offer from time to time (collectively, the “Platform(s)”), and access to home swapping services (collectively with the Platforms, the “Services”), subject to your compliance with all the terms, conditions, and notices contained or referenced in these Terms of Service (the “Terms”).

By using the Platform(s) and the Services in any way, you agree to comply with and be bound by these Terms, our Privacy Policy (“Privacy Policy”), and all other addendum policies incorporated into these Terms by reference herein, as well as any other legal notices or guidelines posted on the Platform(s).

Operator / Legal Entity (Service Provider; Data Controller for GDPR purposes):
Majerszki Nikolett E.V. (sole proprietor)
Country: Hungary
Tax number: 55861362130
Sole proprietor registration number: 54603222

Swappie offers an online community via the Platforms where accepted users (“Members”) may “house swap” by using credits (“Credits”) earned from making their home(s) (“Homes”) available to other Members for accommodation at agreed-upon times. Members can then use those Credits to stay at other Members’ Homes.

To become a Member and thereby access and use the Services, you must first create an account and register your Home(s). Once Swappie has reviewed and approved your account based on its then-current internal criteria, your Home(s) will be featured and made available for booking by other Members via the Platforms. Members who stay at another Member’s Home are “Guests;” Members who host other Members are “Hosts.” Guests can browse available Homes and request stays through the Platforms.

As a Member, you are solely responsible for keeping your account information accurate and up to date. As the provider of the Platform, Swappie does not directly own, control, offer, or manage any Homes. For the avoidance of doubt, Swappie is not a party to the contracts entered into directly between Hosts and Guests, nor is Swappie a real estate broker, travel agency, or insurer. Swappie is not acting as a representative or agent in any way for any Member.

When using the Services, you are responsible for understanding and agree to comply with all applicable laws, rules, and regulations and contracts with third parties that apply to you providing accommodation to Guests.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION FOR EU/EEA/UK CONSUMERS: NOTHING IN THESE TERMS LIMITS YOUR MANDATORY CONSUMER RIGHTS. IF YOU ARE A CONSUMER, YOU MAY HAVE THE RIGHT TO BRING CLAIMS IN THE COURTS OF YOUR PLACE OF RESIDENCE AND TO USE OUT-OF-COURT DISPUTE RESOLUTION MECHANISMS. PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS.

1. Agreement to Terms.

By using the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

2. Privacy Policy.

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information.

3. Changes to these Terms or the Services.

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms to the Platforms and/or by sending other communications. It’s important that you review the Terms whenever we update them as your continued use of the Services after any such change constitutes your acceptance and agreement to the changes. If you do not agree to any such changes, do not use or access (or continue to use or access) the Services. In order to continually improve your access to or use of the Services, we may change or discontinue all or any part of the Services, at any time and without notice in our sole discretion, subject to applicable law.

4. Who May Use the Services?

You may use the Services only if you are 18 years or older, have not been previously suspended or banned by us from accessing your account or using the Services (unless we subsequently re-instate your access or use rights), and are capable of forming a binding contract with Swappie, and are not otherwise barred from using the Services under applicable law. For certain features of the Services, you will need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents, where lawful and proportionate.

You may use the Home Swapping Service once your application to become a Member has been approved. Before taking trips, Members are responsible for paying any membership fees due to Swappie based on their membership tier and trip details (the “Membership Fee”). The amount of the Membership Fee is included in the pricing schedule or pricing page made available via the Platform (the “Pricing Schedule”). You also have to be an owner or lessee of an “Eligible Property”. An Eligible Property must first be approved by Swappie based on Swappie’s then-current criteria and policies, and meet the requirements set forth in the property requirements page or documentation made available via the Platform (the “Property Requirements”).

5. Using the Home Swapping Service.

Searching the Homes. Members can use the Platforms to search available Homes based on certain search criteria designated by you. Search criteria include things like destination, trip type, and available dates.

Booking. When you book a Home, you are agreeing to pay the service fee (the “Service Fee”) and a fee for the cleaning of the Home before you arrive and after you leave (the “Cleaning Fee,” together with the Service Fee, the “Fees”). All payments of Fees are processed by us or our third-party payment processors. When you receive the booking confirmation, a contract for accommodation (a “Reservation”) is formed directly between you and the Host. In addition to these Terms, you will be agreeing to whatever terms and conditions for the accommodation the Host included in the Reservation. After the Reservation has been made, modification to the Reservation has to be mutually agreed to by the Guest and the Host, and either person may cancel, but cancellation penalties may apply.

Concierge Services. Swappie may provide Guests with various concierge and/or support services during their stay at a Home. These services may include facilitating communications between the Guest and the Host, acting as a principal point of contact if there are any issues with the Home, and providing general customer services. Guests can communicate with the support/concierge team by email, in-app messaging, or other channels made available by Swappie from time to time.

Cancellations and Refunds. In general, if as a Guest you cancel a Reservation, the number of Credits that are refunded to you is determined by our Cancellation Policy. Please see our Cancellation Policy, as made available via the Platform (the “Cancellation Policy”).

6. Guest Responsibilities.

Guest Responsibilities. As a Guest, you are responsible and liable for your own acts, omissions, and representations and are also responsible for the acts, omissions, and representations of anyone you invite into the Home. All Guests and anyone you invite into the Home must follow the policies set forth in our Member Code of Conduct, as made available via the Platform (the “Member Code of Conduct”). A violation of the Code of Conduct shall constitute a violation of these Terms. Violations of the Code of Conduct will result in certain penalties, so be sure to read and abide by it carefully.

Contract with Host. As a Guest, when you have a confirmed Reservation, you are entering into a contract directly with the Host, which incorporates all these Terms, and any other terms and conditions agreed to between the Host, Guest, and Swappie in the Reservation. Hosts can add terms and conditions for how they host (e.g., when the Home is available, and rules of staying in the Home, etc.). This includes arrangements regarding pets and travel companions of the Guest. Hosts are responsible for keeping their Home’s availability accurate. Swappie has no obligations to Guests with respect to the information provided by the Host about themselves or their Homes.

Pets, Plants, and Other Personal Undertakings. In advance of any stay, Members may agree between themselves to let a Guest bring a pet into a Host’s home, or let the Host leave a pet or plants behind for the Guest to care for. Guests may not bring pets to Members’ homes unless the animal(s) is/are expressly approved by the Host in advance. Hosts may leave pets at home while a Guest is staying provided the Guest has agreed in advance to care for the animal. Notwithstanding the above, in no circumstance shall Swappie be responsible for caring for a Member’s pets, plants, or other personal undertakings, and/or be held liable for any injury or damage involving a Member’s pets, plants or other personal undertakings.

Travel Companions. A Guest is allowed to let friends stay overnight with them so long as all travel companions are disclosed to Swappie and the Host, and the Host expressly approves of the Guest’s companions at least 24 hours in advance of the stay. Swappie may require the full name and email of any individuals over the age of 18 staying with the Guest, as permitted by applicable law. The Host reserves the right to refuse to allow friends of the Guest to stay. The Guest agrees to assume responsibility for the acts, representations, and omissions of their travel companions.

Parties and Gatherings. Guests may not hold gatherings with 10 or more individuals present at a booked Home unless the gathering is disclosed to Swappie and to the Host, and approved by the Host, at least 24 hours before the gathering. The Host’s approval must be documented within Swappie’s communication channels. This policy applies to any gatherings day or night, of any nature.

Vacating the Home. As a Guest, you must: (i) leave the Home in the same condition as it was in when you arrived; and (ii) vacate the Home at the date and time agreed to in the Reservation. If you do not vacate the Home on the date and time designated in the Reservation, the Host may use legal remedies to force you to vacate which could include imposing monetary penalties on you, to the maximum extent permitted by applicable law.

Assumption of Risk. Guest acknowledges and agrees that utilizing the Services may result in injuries, losses or damages, including, without limitation, personal injury or death, or damage to real or personal property. Guests assume all risks associated with utilizing the Services, including without limitation all risks arising from or related to the use of pools, hot tubs, or any other body of water on or near Host’s Home, and to the maximum extent permitted by applicable law, waive any claims for said injuries or damages against the Host of their stay, or against Swappie.

7. Host Responsibilities.

Host Responsibilities. As a Host, you are responsible and liable for your own acts, omissions, and representations. Hosts must follow the policies set forth in the Member Code of Conduct and any home preparation guidance provided by Swappie (e.g., “How-to-Prep-Your-Home Guide,” if applicable) (together, “Home Preparation Materials”). A violation of the Code of Conduct or Home Preparation Materials shall constitute a violation of these Terms. Violations of the Code of Conduct will result in certain penalties, so be sure to read and abide by it carefully.

Contract with Guest. As a Host, when you have a confirmed Reservation, you are entering into a contract directly with the Guest, which incorporates all of the terms and conditions contained herein as well as in the Reservation for Guests staying in your Home.

Independence of Hosts. The relationship that Host has with Swappie is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Swappie. Swappie does not direct or control the accommodation provided by you as a Host, and you agree that you have complete discretion whether and when to provide accommodation at your Home, and whether and what parts of your home you wish to make private and/or to restrict access, subject to your obligations under the Reservation and applicable law.

Home Features. Hosts are responsible for providing Swappie with the features of their Home, including, but not limited to, information regarding bedroom and bath count, size of beds, number of workstations, WiFi speed (if listed), amenities, and more. Your member profile must include complete and accurate information about your Home, and you must notify Swappie of any changes.

Monitoring devices. To help provide Hosts and Guests with peace of mind, Hosts may have security surveillance devices that monitor the exterior of the Home, provided their presence is disclosed in advance and used in compliance with applicable law. All other monitoring devices may infringe on another person’s privacy and need to be removed or disabled during a Guest’s stay. Rules about devices apply to all cameras, recording devices, smart devices, and monitoring devices.

Weapons. Guests may not bring firearms or other weapons into a Member’s home where prohibited by applicable law and/or the Host’s rules. Hosts’ firearms and weapons must be unloaded, disarmed, and securely stored in a locked container that is inaccessible to Guests or children. Wherever possible, ammunition should be stored separately.

Cancellation. You agree that Swappie’s Cancellation Policy and the terms contained therein govern any cancellations.

Damage Complaints. You agree that Swappie’s Damage Policy and the terms contained therein govern any claims of damage alleged during a Member’s stay. In the event of any damage to the Host's home, or personal property contained therein, during a stay booked via the Services, the Host must notify the support/concierge team within seven (7) days of the Guest’s departure, with evidence that the Guest, or anyone the Guest invited into the Home, or a Swappie coordinated cleaner, caused the damage (“Damage Claim”). If the Host's return to their home is delayed due to travel, the reporting window can be extended to seven (7) days of the Host's return, pending proof of travel. Swappie, the Guest, or the cleaner will have no obligation or liability under these Terms with respect to a Damage Claim that is made outside the aforementioned reporting window. If Swappie offers any indemnification, guarantee, or reimbursement for qualifying damage claims, such terms (including definitions, requirements, limits, exclusions, and investigation rights) will be set forth in the Damage Policy, and will apply only as expressly provided therein. Swappie reserves the right to seek reimbursement from Guests for any accidental or intentional damages that occur during their stay that are caused by them or anyone they invite into the Home. Guests hereby acknowledge and agree that Swappie may seek to recover from you or under any insurance policies you maintain and that Swappie may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. Members agree to cooperate in good faith and provide any information Swappie requests in connection with Damage Claims, Host complaints, claims under insurance policies, or other claims related to your provision or use of the Home Swapping Service.

Liability Insurance. Hosts should acquire and maintain suitable insurance coverage for themselves, and their property related to Hosts’ decision to engage in Home Swapping. If Swappie offers or references any liability coverage or third-party coverage options, the applicable terms, conditions, limits, and exclusions will be provided separately, and Hosts should carefully review them. Swappie does not provide insurance advice and does not guarantee that any policy will cover losses arising from home swapping.

Legal Obligations. Hosts are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to their Home. Since this is “house swap”, Swappie does not necessarily classify this as a rental. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing this type of accommodation. In some places, providing accommodation at their Home may be prohibited altogether. Some jurisdictions require that Hosts register Guests who stay at their Home. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. Some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. You must check applicable local rules to learn what rules apply to the accommodation you intend to offer. Information Swappie provides regarding legal requirements is for informational purposes only and you should independently confirm your legal obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. You should seek legal advice if you have questions about local laws.

Assumption of Risk. Hosts acknowledge and agree that utilizing the Services may result in injuries, losses or damages, including, without limitation, personal injury or death, or damage to real or personal property. Hosts assume all risks associated with utilizing the Services, including without limitation all risks arising from or related to the use of pools, hot tubs, or any other body of water on or near Host’s Home, and to the maximum extent permitted by applicable law, waive any claims for said injuries or damages against the Guest or against Swappie.

8. Swappie Responsibilities.

Swappie offers the Services as a technology services provider of the Platform, as well as providing concierge/support services to Guests (where offered). You acknowledge and agree that Swappie is not responsible for any act, omission, or representation made by any Member, whether such representation is made by Swappie on behalf of a Member or by and between the Members directly. We may, including, without limitation: (i) review, disable access to, remove, or edit User Content (as defined below); (ii) maintain and enforce any quality or eligibility criteria, including by removing Homes; (iii) deny or revoke membership to any person; and (iv) discontinue the Services at any time, subject to applicable law.

9. Fees.

To become a Member, you agree to pay Swappie the applicable Fees upon booking any Reservation.

General. When we charge you a Fee (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms or required by applicable law. All fees and applicable taxes, if any, are payable in the currency displayed at checkout (or, if not displayed, in the billing currency communicated to you).

Service Fee. When you stay as a Guest, we will charge you the Service Fee set forth in the Pricing Schedule made available via the Platform. The Service Fee provides for concierge/support services (if offered), operational costs, and other costs Swappie incurs on behalf of its Members. The Service Fee is generally non-refundable. In certain circumstances you may be eligible to receive a refund. Please see our Cancellation Policy.

Cleaning Fee. Before your stay at another Member’s Home, we will charge you the Cleaning Fee for cleaning the Home before and after your stay. The range of the Cleaning Fees are set forth in the Pricing Schedule made available via the Platform. The amount of the Cleaning Fee will be indicated when booking a Home. The Cleaning Fee is generally refundable if your Reservation is canceled by either the Guest or the Host. However, if the Guest cancels a Reservation within three (3) days before the start of their stay, they will not receive a refund for the cleaning fee, except where required by applicable law. Please see our Cancellation Policy.

Swappie Passport (if offered). Members may upgrade to an annual Swappie Passport membership (”Passport Membership”) at any time and enjoy $0 in service fees on every trip booked within that year regardless of length and location of their stay (if Swappie offers this feature). The amount of the Passport Membership is included in the Pricing Schedule made available via the Platform. The Passport Membership will begin once you complete your payment in full or your first of 4 quarterly payment installments (if offered). You will be charged the annual Passport Membership, plus any applicable taxes and other charges (if any), at the beginning of your membership and each year thereafter, at the then-current annual Membership Fee, unless and until canceled by you. You may also elect to pay for your annual Passport Membership in 4 quarterly installments pursuant to the then-current Membership Fee option for quarterly payments as set forth in the Pricing Schedule. For the avoidance of doubt, this is NOT a quarterly membership option. Rather, you can pay for the annual membership in quarterly payments or all at once. BY PURCHASING A PASSPORT MEMBERSHIP, YOU AUTHORIZE SWAPPIE TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW, except where required by applicable law. If you purchase a Passport Membership, we (or our third-party payment processor) will automatically charge you each year (or each quarter) on the anniversary of the commencement of your Passport Membership using the Payment Information you have provided until you cancel your membership. Where required by applicable law, Swappie will send you a reminder with the then-current Passport Membership Fee. By agreeing to these Terms and electing to purchase a Passport Membership, you acknowledge that your membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your membership by you or Swappie. Your Passport Membership continues until canceled by you or we terminate your access to or use of the Services in accordance with these Terms.

Canceling Swappie Passport Membership (if offered). YOUR PURCHASE OF A PASSPORT MEMBERSHIP IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR PASSPORT MEMBERSHIP AT ANY TIME, except where required by applicable law (including mandatory consumer withdrawal rights where applicable). Without limiting the foregoing, you may elect not to renew your Passport Membership at any time, but please note that such cancellation will be effective at the end of the then-current membership period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR PASSPORT MEMBERSHIP PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE PASSPORT MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD AT THE TIME OF CANCELLATION, except where required by applicable law. To cancel renewal, you can send an email to [INSERT YOUR SUPPORT EMAIL] or contact the support/concierge team. You will be responsible for all trip fees or Passport Membership Fees (plus any applicable taxes and other charges) incurred for the then-current membership period. If you cancel renewal, your right to use the Services will continue in accordance with Swappie’s base membership tier as set forth in the Pricing Schedule upon the termination of your annual membership period.

Canceling Swappie Membership. Your membership with Swappie (”Swappie Membership”) continues until canceled by you or we terminate your access to or use of the Services in accordance with these Terms. If your Swappie Membership is canceled or terminated for any reason, you will be responsible for all trip fees or Passport Membership Fees incurred to date. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE FEES PAID FOR ANY TRIPS OR A PASSPORT MEMBERSHIP AT THE TIME OF CANCELLATION OR TERMINATION, except where required by applicable law. If your Membership is cancelled or terminated, your right to use the Services will cease immediately. To cancel, you can send an email to [INSERT YOUR SUPPORT EMAIL], or contact the support/concierge team.

10. Credits.

General. Once a Member joins the community, they will receive the number of Credits set forth in the Pricing Schedule made available via the Platform. Members earn one (1) credit for every night a Guest stays at their Home. Members use one (1) Credit for each night they stay in another Member’s Home. If Members make a reciprocal swap of their Homes for an equal number of nights, no Credits are used or earned. Credits can only be earned by letting a Member stay at your Home, or as otherwise set forth in the Pricing Schedule. Credits cannot be purchased unless explicitly offered and documented by Swappie in an updated Pricing Schedule and/or updated Terms, subject to applicable law.

Non-Transferable; Non-Refundable. Credits are non-fungible and cannot be transferred, gifted, or sold to another Member. CREDITS ARE NON-REFUNDABLE AND HAVE NO CASH VALUE. ANY CREDITS NOT USED BY A MEMBER DURING THEIR MEMBERSHIP PERIOD ARE FORFEITED, except where required by applicable law.

11. Your Content.

Posting Content. Our Services may allow you to store or share content such as photos, images, videos, audio, graphics, files, documents, features and amenities of your home, home availability, or text communications with Swappie or others. Anything (other than Feedback (as defined below)) that you post or otherwise make available to Swappie or others through the Services is referred to as “User Content”. Swappie does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. However, User Content does not include photography or videography created or paid for by Swappie of your Home and its environs. Swappie shall be sole owner of all rights, including copyrights, in all media taken and delivered to Swappie. Swappie reserves the right to use home photography or videography paid for by Swappie in marketing materials, which may include posting the photos or videos on other internet platforms such as social media sites.

Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Swappie a non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify (for formatting purposes), create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, providing, and marketing the Services (e.g., using your User Content in presentations, customer lists, and related marketing materials), subject to applicable law and the Privacy Policy.

Reviews. User Content includes reviews that Guests and Hosts may make following a Guest’s stay. Your review must be accurate and may not contain any discriminatory, offensive, or defamatory language. Reviews are not verified by Swappie for accuracy and may be incorrect or misleading.

Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content made available through the Services, nor any use of your User Content by Swappie on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of User Content. You can remove your User Content or portions thereof by contacting Swappie and requesting to have specific User Content removed, and Swappie will promptly comply with such requests to the extent required by applicable law. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services (e.g., backups, logs, legal compliance). To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Swappie’s Intellectual Property. We may make available, through the Services, content that is subject to intellectual property rights. We retain all rights to that content.

12. Rights and Terms for Apps

12.1 App License

Subject to your compliance with these Terms, Swappie grants you a limited, non-exclusive, non-transferable, revocable license (without the right to sublicense) to download, install, and use the Swappie mobile application (the “App”) on devices you own or control, solely for your personal, non-commercial use of the Services.

Except where mandatory law permits otherwise, you must not, and must not allow any third party to:

copy the App (except for a reasonable number of copies for backup);
modify, adapt, translate, or create derivative works of the App;
distribute, sell, rent, lease, lend, sublicense, or otherwise make the App available to others;
reverse engineer, decompile, or disassemble the App or attempt to derive source code, except to the extent such restriction is prohibited by applicable law;
circumvent or disable security or technical features of the App.

12.2 Additional Terms for the Apple App Store

If you acquire the App from the Apple App Store or use it on an iOS device:

These Terms are an agreement between you and Swappie, not Apple. Apple is not responsible for the App or its content.
To the maximum extent permitted by applicable law, Apple has no obligation to provide maintenance or support services for the App.
In the event the App fails to conform to any applicable warranty, you may notify Apple. Where applicable, Apple may refund the purchase price of the App (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, or consumer protection claims.
Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that your possession and use of the App infringes intellectual property rights.
You represent and warrant that (i) you are not located in a country subject to a U.S. government embargo or designated as terrorist-supporting, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
You must comply with applicable third-party terms of service when using the App.
Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to this Section and, upon your acceptance of these Terms, Apple will have the right to enforce them against you as a third-party beneficiary.

13. Prohibited Conduct and Swappie’s Enforcement Rights

13.1 Prohibited Conduct

You agree that you will not, and will not assist or enable others to, do any of the following:

User Content violations. Post, upload, publish, submit, or transmit any User Content that: infringes or violates a third party’s intellectual property, privacy, or publicity rights; violates any law or regulation or encourages unlawful conduct; is deceptive, fraudulent, or materially misleading; is defamatory, obscene, pornographic, or grossly offensive; promotes discrimination, hatred, harassment, or harm against individuals or groups; is violent, threatening, or encourages violence; promotes illegal or harmful activities or substances.

Misuse of the Services. Use, display, mirror, or frame the Services or any part of them, including Swappie’s name, logos, trademarks, or layout, without Swappie’s prior written consent.

Circumvention / disintermediation. Use the Services to recruit Members and then systematically move bookings or swaps off-platform to avoid fees, moderation, safety procedures, or policies.

Security and access abuse. Access, tamper with, or use non-public areas of the Services, Swappie’s systems, or the systems of Swappie’s providers; probe, scan, or test vulnerabilities; breach authentication; bypass rate limits.

Circumvention of protections. Avoid, bypass, disable, or otherwise circumvent technical measures used to protect the Services.

Automated extraction. Access or search the Services or download content using automated means (bots, scrapers, crawlers, data-mining tools) unless explicitly permitted by Swappie in writing or via an official API.

Spam and solicitation. Send unsolicited or unauthorized promotional materials or bulk communications through the Services.

Metadata misuse. Use hidden text or metadata that misuses Swappie trademarks or branding without permission.

Header forgery. Forge or manipulate TCP/IP headers or other identifiers in a way that disguises origin.

Reverse engineering of the Services. Attempt to decipher, decompile, disassemble, or reverse engineer software used to provide the Services except where prohibited by law.

Interference. Interference. Interfere with or disrupt the Services, including by introducing malware, overloading, flooding, spamming, or mail-bombing.

Improper data collection. Improper data collection. Collect or store personal data of other users outside the permitted flows of the Services and these Terms.

Impersonation. Impersonate or misrepresent affiliation with any person or entity.

Illegal activity. Violate any applicable law or regulation.

13.2 Enforcement and Content Moderation

Swappie is not obligated to monitor all content or activity, but Swappie may: review, remove, block, or restrict User Content; suspend or terminate accounts; impose booking limits or other restrictions; remove Homes from listings or limit visibility; investigate suspected violations and cooperate with lawful authorities where required. Swappie may take these steps at its discretion to operate the Services, protect Members, enforce policies, and comply with applicable law. Where required by law, Swappie will provide notice and an opportunity to respond.

14. Feedback

If you submit feedback, ideas, or suggestions (“Feedback”), you agree that: Feedback is provided voluntarily and without expectation of compensation; Swappie may use, implement, and exploit Feedback without restriction, to the extent permitted by law; Swappie has no obligation to keep Feedback confidential.

15. Copyright and IP Complaints

Swappie respects intellectual property rights and expects users to do the same. Swappie may remove content alleged to be infringing and may terminate accounts of repeat infringers in appropriate circumstances, consistent with applicable law. If you believe content on the Services infringes your rights, you may submit a notice via the contact method provided on the Platform (without needing to send email if alternative channels are offered). Your notice should include sufficient information to identify the work, the allegedly infringing material, and proof of your authority to act.

16. Links to Third-Party Websites or Resources

The Services may contain links to third-party websites, apps, or resources. Swappie provides such links only for convenience and does not control or endorse them. You acknowledge and agree that Swappie is not responsible for: availability or accuracy of third-party resources; their content, products, or services; any losses or damages arising from your use of third-party resources. Your use of third-party services is at your own risk and subject to their terms and privacy policies.

17. Termination

17.1 Suspension or Termination by Swappie

Swappie may suspend or terminate your access to the Services and/or your account, in whole or in part, if: you violate these Terms or policies; Swappie reasonably suspects fraud, abuse, or safety risks; Swappie must do so to comply with legal obligations; or your use creates risk for Swappie, other users, or third parties. Where required by law, Swappie will provide notice and a chance to remedy, except where immediate action is necessary (e.g., safety or fraud).

17.2 Termination by You

You may stop using the Services at any time. Account deletion requests and data-related requests are handled under the Privacy Policy and applicable law.

17.3 Effect of Termination

Upon termination: your license to use the Services ends immediately; Swappie may delete or anonymize data as permitted or required by law (subject to legal retention obligations); any amounts owed remain payable.

17.4 Survival

Sections that by their nature should survive termination will survive, including (without limitation) sections related to intellectual property, disclaimers, limitation of liability, indemnity, and dispute resolution.

18. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SWAPPIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH DISCLAIMERS ARE NOT PERMITTED BY MANDATORY LAW.

Swappie does not guarantee: uninterrupted, timely, secure, or error-free operation of the Services; that listings, profiles, or communications are accurate or complete; that any identity verification or checks (if any) will prevent harm or misconduct. Swappie is a platform provider facilitating introductions and bookings/swaps between Members. Hosts and Guests are responsible for their own conduct and for complying with applicable laws. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including mandatory consumer rights).

19. Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Swappie (Majerszki Nikolett E.V.) from and against claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: your breach of these Terms or policies; your interaction with any Member, including stays, hosting, and disputes; your User Content; your violation of law; your infringement of third-party rights. This indemnity does not apply to the extent a claim is caused by Swappie’s unlawful conduct or gross negligence, where such limitation is required by law.

20. Limitation of Liability

To the maximum extent permitted by applicable law: Swappie will not be liable for indirect, incidental, special, exemplary, or consequential damages, or loss of profits, revenues, goodwill, data, business opportunities, or service interruption, arising out of or related to the Services or these Terms, even if advised of the possibility. Swappie’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of: (a) the fees paid by you to Swappie in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) the equivalent of EUR 100. Where mandatory consumer law grants you greater rights, those rights prevail, and any limitation applies only to the extent permitted.

21. Governing Law and Forum

These Terms are governed by the laws of Hungary, excluding its conflict-of-law rules, unless mandatory law in your country of residence provides otherwise. If you are a consumer resident in the EEA/UK, you may also bring proceedings in the courts of your place of residence where mandatory law allows.

22. Dispute Resolution

22.1 Informal Resolution First

Before starting formal proceedings, you and Swappie agree to attempt to resolve disputes in good faith through informal communication. Swappie may also offer a mediation-like process depending on the case.

22.2 Courts

If a dispute cannot be resolved informally, it may be brought before the competent courts in Hungary, unless mandatory consumer law provides you the right to choose another forum.

22.3 EU Online Dispute Resolution (Consumers)

If you are a consumer in the EEA, you may be entitled to use the EU’s online dispute resolution platform or other out-of-court dispute resolution options available in your jurisdiction, where applicable.

22.4 Injunctive Relief

Nothing prevents either party from seeking interim measures or injunctive relief in a competent court to protect rights, prevent harm, or stop unlawful activity.

23. General Terms

23.1 Ownership and Reservation of Rights

Swappie and its licensors own all rights, title, and interest in and to the Services, including all related intellectual property rights. Except for the limited rights expressly granted to you, no rights are granted by implication.

23.2 Entire Agreement

These Terms, together with any policies referenced (e.g., Privacy Policy, Cancellation Policy, Damage Policy, Member Code of Conduct, Pricing Schedule), constitute the entire agreement between you and Swappie regarding the Services and supersede prior agreements or understandings relating to the Services.

23.3 Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be replaced with a valid provision that best reflects the original intent to the extent permitted by law.

23.4 Assignment

You may not assign or transfer these Terms without Swappie’s prior written consent, except where mandatory law provides otherwise. Swappie may assign these Terms as part of a reorganization, sale, or transfer of the business or assets, subject to applicable law.

23.5 No Waiver

Swappie’s failure to enforce any provision will not constitute a waiver. A waiver is effective only if in writing.

23.6 Notices

Swappie may provide notices by posting within the Services, via in-app notifications, or other channels made available on the Platform. You are responsible for keeping your account contact details up to date.

23.7 Contact

If you have questions about these Terms or the Services, you can contact Swappie using the contact methods provided on the Platform.