Swappy - Terms of Service

1. Who provides the service

Swappy is a software service operated from Portugal that provides businesses with a visual simulation tool for integration into their websites.

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

2. Who these Terms apply to

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

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

3. Service

Swappy provides a tool that allows visitors to a shop's website to upload a photo, select a visual option and receive a simulation generated by artificial intelligence. When a visitor requests a quote, the information is sent to the shop.

The service includes access to the widget, the usage limit of the selected plan, delivery of submitted requests and the basic features shown in the shop's account. Features not presented in the plan or interface are not part of the contracted service.

4. Account and access

The shop must provide truthful, current and sufficient information about the person creating the account and the business they represent. The account may not be transferred to a third party without Swappy's permission.

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

5. Trial, plans and prices

The service starts with a 14-day trial, subject to the addition of a valid payment method in Stripe Checkout. The trial becomes active only after Stripe confirms the subscription.

Current pilot plans:

The plans include the same core functionality and differ in their preview limit. If an informational page is out of date, the price and plan displayed in Checkout take precedence.

Unless cancelled before the trial ends, the subscription automatically becomes monthly and Stripe attempts to charge the price of the selected plan. A shop that keeps its subscription active retains 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 amount displayed in Checkout. Applicable tax treatment follows the law in force.

6. Limits and counting rule

The limit renews according to the subscription's monthly billing 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 point. The preview may count even if a technical failure occurs afterwards or if the result does not fully meet the expectations of the shop or visitor.

An attempt rejected before generation begins, for example because the image is invalid, no car is visible or the limit has been reached, does not count as a preview.

When the limit is reached, new previews may remain unavailable until the next cycle or a future plan change.

7. Payment and cancellation

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

The shop may manage its payment method, view the documents made available by Stripe and cancel through the Customer Portal. Cancellation takes effect at the end of the trial or paid period indicated by Stripe. Access may remain available until that date.

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

8. Acceptable use and photos

The shop must use the service only for lawful purposes related to its activity. 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 that harms third parties.

The shop must inform its visitors of the applicable rules and ensure that only photos the user is authorised to use are uploaded. The shop must not encourage the submission of unnecessarily intrusive images or images that reveal personal data without need.

The shop authorises Swappy to receive, temporarily host and process images and instructions strictly to the extent necessary to provide the service. This permission does not transfer ownership of the photos to Swappy.

9. Limitations of simulations

Previews are visual simulations generated by artificial intelligence. They may contain errors, omissions, unexpected changes or differences in colour, finish, lighting, scale and detail.

A preview is not a physical sample, guarantee of outcome, technical measurement, quotation or professional recommendation. The shop must independently assess each job and manage its customer's expectations before making commercial commitments.

The occasional unavailability or unsuitability of a preview does not, by itself, constitute a failure to provide the service.

10. Shop responsibilities

The shop is solely responsible for:

• its website, installation and information presented to visitors;
• its commercial relationship with its customers;
• prices, quotations, timescales, materials and services it proposes;
• the lawfulness of processing it decides to carry out with visitor data;
• responding to requests or complaints received from its customers;
• copies of emails, images or contact details it retains outside Swappy.

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 Privacy Policy explains how Swappy handles shop account data and data for which it acts as a controller.

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

Active data associated with a preview is generally kept for 30 days from the creation of the preview and then removed through a periodic process, without prejudice to temporary technical delays, operational backups and applicable legal obligations.

12. Security and continuity

Swappy applies technical and organisational measures proportionate to the risk and stage of the service, including access controls, private storage, protected connections, data limitation and mechanisms against abuse.

No system is entirely risk-free. Swappy does not guarantee uninterrupted operation or the complete absence of failures, but seeks to correct relevant issues within a reasonable period.

13. Intellectual property

Swappy and its own software, interface, brand, text and 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 retains any rights it has in its materials and photos. Subject to third-party rights, it may use the previews received in its activity while it complies with these Terms.

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

14. Suspension and termination

Swappy may suspend access where there is non-payment, a security risk, abusive use, a breach of these Terms or an urgent technical need. Where reasonable, the shop will be informed and given an opportunity to correct the issue.

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

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

15. Liability

To the extent permitted by law, Swappy is not liable for indirect loss, loss of profits, loss of opportunity, the shop's business decisions, the outcome of automotive work or relationships between the shop and its customers.

Swappy's total liability relating to the service is limited to the greater of EUR 100 and the amount paid by the shop to Swappy during the 12 months before the event giving rise to liability.

This limitation does not apply where liability cannot lawfully be excluded or limited, or to intentional misconduct or other situations that cannot legally be restricted.

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 renewed acceptance before the service can continue.

Previous versions remain available for storage in order 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 may be submitted 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 the shop's behalf through the widget.

The shop determines why it uses the widget on its website and acts as controller. Swappy processes the data needed to provide the tool and acts as processor, without prejudice to situations where it handles its own account data as an independent controller.

2. Subject matter, nature, purpose and duration

The subject matter of processing is to provide the visual simulation and deliver to the shop requests voluntarily submitted by visitors.

Operations may include receipt, transmission, organisation, temporary storage, automated processing, controlled availability and deletion.

Processing lasts while the service is active and, for each preview, for the retention period stated in these Terms, unless the data is deleted earlier or a legal obligation requires retention.

3. Data subjects and types of data

Categories of data subjects:

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

Types of data:

• the original photo and generated preview;
• the selected visual option and basic usage information;
• name, contact details and message provided in a quote request;
• technical data strictly necessary for security, delivery and diagnostics.

The service is not designed to process special categories of data. The shop must not instruct users to submit such data.

4. Shop instructions

These Terms, the settings selected in the account and normal use of the service features constitute the shop's documented instructions.

Swappy processes the data only in accordance with those instructions, unless a legal obligation requires otherwise. If Swappy considers that an instruction breaches 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;
• ensure appropriate confidentiality duties for authorised persons;
• apply security measures proportionate to the risk;
• reasonably assist the shop, taking into account the nature of the processing, in responding to requests from data subjects;
• assist with compliance with the security, assessment and notification duties under Articles 32 to 36 of the GDPR;
• notify the shop without undue delay of a personal data breach of which it becomes aware and which affects data processed on the shop's behalf;
• make available information reasonably necessary to demonstrate compliance with this Agreement;
• delete or return data at the end of the service according to the shop's legally valid choice and 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 for making the widget available and processing data;
• providing visitors with the required privacy information;
• ensuring that its instructions are lawful and proportionate;
• responding to data subjects and the supervisory authority;
• limiting internal access to the data received;
• defining and complying with its own retention of copies received outside Swappy;
• 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 named in the list made available to it before accepting these Terms and which 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 and gives 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 responsible to the shop for its sub-processors' performance to the extent required by applicable law.

8. International transfers

Where a sub-processor handles 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 concerning data processed on the shop's behalf, it forwards it to the shop where the relevant account can be identified. Swappy does not respond on the shop's behalf unless instructed or legally required to do so.

Assistance requiring extraordinary work may be agreed separately where it goes beyond the normal operation of the service.

10. Audit and demonstration of compliance

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

Except after a relevant incident or where required by an authority, the costs of an extraordinary audit requested by the shop are borne by the shop.

11. Deletion and return

Active data associated with each preview generally follows a maximum 30-day retention period. At the end of the service, the shop may request early deletion or a technically reasonable return of data that remains active.

After deletion from active systems, residual copies in protected backups may remain during provider operational cycles without being returned to normal use.

12. Precedence

This Agreement forms part of the Terms. If there is a conflict concerning data processed on the shop's behalf, this Agreement prevails. The GDPR and applicable Portuguese law apply to matters not covered here.

Annex II - General security measures

1. General measures

Measures applied in proportion to the risk include:

• access control and authentication;
• logical separation between accounts;
• protected connections during transmission;
• private storage and controlled temporary access;
• data minimisation and periodic deletion;
• protection against automated requests and abuse;
• limited technical logging and incident response procedures;
• review and testing of 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 specialist providers for 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.