Terms of Service

1. Who provides the service

Swappy Fashion is a software service from Swappy, operated from Portugal, that gives online fashion shops a tool for their visitors to see garments on their own body before buying.

Swappy can be contacted through the form available on the official website.

2. Who these Terms apply to

These Terms apply exclusively to businesses and professionals using Swappy Fashion in the course of their business. They are not intended for consumers acting for personal purposes.

The person accepting these Terms confirms that they are authorised to represent the business named in the account and to bind it to these Terms.

3. Service

Swappy Fashion adds a button to the shop's product pages. A visitor can upload a photo of themselves and receive a visual simulation, generated by artificial intelligence, of the garment applied to their body.

The button only appears on products the service can identify as eligible. That decision is automatic, based on the public information on the page and the product image. Swappy does not guarantee that every product in the shop will get the button, or that a product category will remain supported.

The service includes access to the button and the simulation window, the photo check, the usage limit of the chosen plan and the basic functions shown in the shop account. Features not shown in the plan or the interface are not part of the contracted service.

4. Account and access

The shop must provide true, current and sufficient information about the person creating the account and the business represented. The account may not be assigned to third parties without Swappy's authorisation.

The shop is responsible for protecting access to the email address and the associated authentication methods. It must inform Swappy without delay if it suspects unauthorised access.

The service works on the website stated in the account. An installation on another domain may not be recognised.

5. Trial, plans and prices

The service starts with a trial period, subject to entering a valid payment method in Stripe Checkout. The trial only becomes active once Stripe confirms the subscription.

The trial ends after 14 days or once 100 previews have been generated, whichever comes first. If 100 previews are reached before the 14 days, the trial ends at that moment and the first monthly payment is charged.

Current pilot plans:

The plans include the same core functionality and differ in their preview limit. The price and plan shown in Checkout prevail over any outdated informational page.

Unless cancelled before the end of the trial, the subscription automatically becomes monthly and Stripe attempts to charge the price of the chosen plan. A shop that keeps its subscription active keeps the contracted price for as long as that subscription remains active. A new subscription is subject to the price available at that time.

The amount charged is the one shown in Checkout. The applicable tax treatment follows the legislation in force.

6. Limits and counting rule

The limit renews according to the subscription's monthly cycle, not on the first day of each calendar month.

A preview counts towards the limit when the generation request is accepted for processing, because Swappy may incur a generation cost at that moment. A preview may count even if a technical failure occurs afterwards or the result does not fully match the expectations of the shop or the visitor.

The following do not count as previews:

• the automatic analysis that decides which products show the button;
• the photo check and attempts rejected before generation starts, for example when the body area needed for the garment is not visible;
• requests rejected because the limit has been reached.

Once the limit is reached, new previews may be unavailable until the next cycle or a future plan change. The rest of the shop's website, including checkout, keeps working normally.

7. Payment and cancellation

Payments and card details are handled by Stripe. Swappy does not receive or store full card details.

The shop can manage its payment method, view the documents provided by Stripe and cancel through the Customer Portal. Cancellation takes effect at the end of the trial or of the already paid period shown by Stripe. Until that date, access may remain available.

If a payment fails, Stripe may retry the charge. Swappy may temporarily keep access available during those attempts and suspend it once the subscription no longer has a valid status.

8. Acceptable use, photos and products

The shop must use the service only for lawful purposes related to its business. It may not attempt to bypass limits, interfere with security, automate abusive requests, improperly analyse or copy the service, or use it to create unlawful content or content harmful to third parties.

The shop must inform its visitors of the applicable rules. It must not encourage the upload of photos of third parties without their permission, or of intimate or unnecessarily intrusive images.

The shop authorises Swappy to read the public information on its product pages, including product names, addresses and images, and to process the photos uploaded by visitors, strictly to the extent necessary to provide the service. This authorisation does not transfer ownership of the product images or the photos to Swappy.

9. Limitations of simulations

Previews are visual simulations generated by artificial intelligence. They show how a garment may look in terms of appearance, colour and shape, and may contain errors, omissions, unexpected changes or differences in colour, texture, pattern, proportion, lighting and detail.

A preview does not measure the visitor's body and does not guarantee size, fit or drape. It does not replace the shop's size chart or product information. The shop must not present previews as a guarantee that a garment will fit.

The occasional unavailability or unsuitability of a preview does not, in itself, constitute a breach of the service.

10. Shop responsibilities

The shop is solely responsible for:

• its website, installation and the information presented to visitors;
• the accuracy of its product images, descriptions, sizes, prices and stock;
• the commercial relationship with its customers, including orders, shipping, exchanges and returns;
• the lawfulness of the processing it decides to carry out with visitor data;
• responding to requests or complaints received from its customers.

Swappy provides the technical tool and is not a party to the contract between the shop and the end customer.

11. Privacy and data processing

The Swappy Fashion Privacy Policy explains how Swappy processes the shop's account data and the data for which it acts as controller.

When Swappy processes visitor data on behalf of the shop, the shop acts as controller and Swappy as processor. The Data Processing Agreement in Annex I forms part of these Terms.

The photo uploaded by the visitor and the generated preview are not stored by Swappy or delivered to the shop. They exist only during the request and are discarded once the preview is shown to the visitor or the request fails.

12. Security and continuity

Swappy applies technical and organisational measures proportionate to the risk and to the stage of the service, including access controls, protected connections, data minimisation and anti-abuse mechanisms.

No system is entirely free of risk. Swappy does not guarantee uninterrupted operation or the complete absence of failures, but aims to fix relevant problems within a reasonable time. A Swappy Fashion failure hides the button and must not prevent purchases on the shop's website.

13. Intellectual property

Swappy and its software, interface, brand, texts and own materials remain the property of their respective owner. The shop receives only a limited, non-exclusive and revocable right to use the service during the subscription.

The shop keeps any rights it holds over its products, images and materials. Previews are shown only to the visitor who requested them and are not delivered to the shop.

Feedback and suggestions may be used by Swappy to improve the service, without any payment obligation and without disclosing the shop's confidential information.

14. Suspension and termination

Swappy may suspend access in case of non-payment, security risk, abusive use, breach of these Terms or urgent technical need. Whenever reasonable, the shop will be informed and given the opportunity to fix the problem.

Swappy may terminate the service with reasonable notice. In that case, periods after the effective end of the service will not be charged and the data will follow the applicable deletion rules.

Obligations that by their nature should survive termination, including amounts due, intellectual property, confidentiality, data protection and liability, remain in force.

15. Liability

To the extent permitted by law, Swappy is not liable for indirect damages, loss of profits, loss of opportunities, the shop's commercial decisions, visitors' purchasing decisions, exchanges, returns or relationships between the shop and its customers.

Swappy's total liability in connection with the service is limited to the greater of: 100 EUR or the amount paid by the shop to Swappy in the 12 months before the event giving rise to the liability.

This limitation does not apply where liability cannot be excluded or limited by law, nor does it cover wilful misconduct or other situations that cannot be waived by law.

16. Changes to the Terms

Swappy may update these Terms to reflect legal, technical or service changes. Material changes create a new version and may require new acceptance before the service continues.

Previous versions remain storable to demonstrate the text accepted by each account.

17. Governing law and contact

These Terms are governed by Portuguese law. Disputes are subject to the competent Portuguese courts, without prejudice to applicable mandatory rules.

Contractual, technical or privacy questions can be sent through the contact form available on Swappy's official website.

Annex I - Data Processing Agreement

1. Parties and roles

This Agreement applies to the processing of personal data carried out by Swappy on behalf of the shop through the Swappy Fashion button and simulation window.

The shop decides why it offers the simulation on its website and acts as controller. Swappy processes the data necessary to provide the tool and acts as processor, without prejudice to situations in which it processes its own account data as an independent controller.

2. Subject matter, nature, purpose and duration

The subject matter of the processing is checking the photo uploaded by the visitor and generating the visual simulation of the garment they chose.

The operations may include receipt, transmission, automated processing and deletion. The photo and the preview are not stored after the request.

The processing lasts while the service is active. For each request, the photo and the preview exist only during processing, unless there is a legal obligation to retain them.

3. Data subjects and types of data

Categories of data subjects:

• visitors who use the simulation;
• people or other personal elements that may appear incidentally in an uploaded photo.

Types of data:

• uploaded photo and generated preview, only during the request;
• chosen product and basic usage data, aggregated per shop;
• irreversibly derived identifiers, used only to limit repeated requests and protect the service against abuse;
• technical data strictly necessary for security, delivery and diagnosis.

The service does not identify people or draw conclusions about personal characteristics from the photo. It is not designed to process special categories of data, and the shop must not instruct the submission of such data.

4. Shop instructions

These Terms, the configuration chosen in the account and the normal use of the service's functions constitute the shop's documented instructions.

Swappy processes the data only in accordance with those instructions, unless required otherwise by law. If it considers that an instruction infringes data protection law, it informs the shop and may suspend the instruction until it is clarified.

5. Swappy obligations

Swappy undertakes to:

• limit processing to what is necessary to provide and protect the service;
• not store the photo or the preview, and not use them for model training, advertising or any other purpose;
• ensure appropriate confidentiality duties for authorised persons;
• apply security measures proportionate to the risk;
• assist the shop, within reason and taking into account the nature of the processing, in responding to data subject requests;
• assist in complying with the security, assessment and notification obligations under Articles 32 to 36 GDPR;
• notify the shop without undue delay of a personal data breach it becomes aware of that affects the data processed on its behalf;
• make available information reasonably necessary to demonstrate compliance with this Agreement;
• delete or return the data at the end of the service, according to the shop's choice and legally valid instruction, without prejudice to legal obligations and operational backups subject to protected deletion.

6. Shop obligations

The shop is responsible for:

• having a lawful basis to offer the simulation and process the data;
• providing visitors with the required privacy information;
• ensuring that its instructions are lawful and proportionate;
• responding to data subjects and the supervisory authority;
• not using the service for special categories of data or incompatible purposes without prior written agreement.

7. Sub-processors

The shop grants general authorisation for the use of the sub-processors listed in the named list made available to it before these Terms are accepted and that remains accessible in its account. Swappy ensures that they are subject to data protection obligations appropriate to their role.

Swappy informs the shop, through the contact associated with the account, of an intended material change to the list, giving it a reasonable opportunity to object on substantiated data protection grounds.

If the parties cannot resolve a legitimate objection, the shop may stop using the affected feature or terminate the service. Swappy remains liable to the shop for the performance of its sub-processors' obligations under applicable law.

8. International transfers

Where a sub-processor processes data outside the European Economic Area, Swappy uses a mechanism recognised by the GDPR, such as an adequacy decision, standard contractual clauses or another applicable safeguard, and adopts supplementary measures where necessary.

9. Data subject requests

If Swappy directly receives a request relating to data processed on behalf of the shop, it forwards it to the shop where the relevant account can be identified. Swappy does not respond on behalf of the shop unless instructed or required by law.

Because the photo and the preview are not stored, there is normally no request data to access, correct or delete once the request has ended.

10. Audit and demonstration of compliance

Swappy first provides reasonable documentation, answers and evidence about the measures applied. An additional audit must have a legitimate basis, respect confidentiality and security, avoid access to other shops' data and be coordinated with reasonable notice.

Unless there is a relevant incident or a requirement from an authority, the costs of an extraordinary audit requested by the shop are borne by the shop.

11. Deletion and return

The photo and the preview are discarded at the end of each request. Information about the shop's products and aggregated counters are kept while the installation is active. At the end of the service, the shop may request their early deletion.

After deletion from active systems, residual copies in protected backups may remain during the providers' operational cycles, without being used again for normal service purposes.

12. Precedence

This Agreement forms part of the Terms. In case of conflict regarding the processing of data on behalf of the shop, this Agreement prevails. In all matters not regulated here, the GDPR and applicable Portuguese law apply.

Annex II - General security measures

1. General measures

The measures applied include, in proportion to the risk:

• access control and authentication;
• logical separation between accounts and between Swappy's products;
• protected connections during transmission;
• processing of photos without storage;
• data minimisation and periodic deletion;
• protection against automated requests and abuse;
• limited technical logging and incident response procedures;
• review and testing of the relevant measures.

These measures may evolve without materially reducing the overall level of protection applicable to the service.

2. Provider categories

To provide and protect the service, Swappy uses specialised providers of infrastructure, data and authentication, artificial intelligence processing, transactional communications and security.

The named list and its version are made available to the authenticated business before these Terms are accepted and remain accessible in the account. The list does not describe models, configurations or the internal technical operation of the service.