GENERAL TERMS OF USE

Version in effect from 01/17/2025

Article 1 – Purpose

Swapp is a limited liability company registered with the Versailles Trade and Companies Register under number 904 693 264, with its registered office located at 64 route de Versailles, 78430 Louveciennes ("Swapp").

Swapp operates a service accessible from the website www.swapp.fr and its possible subdomains (including cards.swapp.fr) as well as via the mobile application "Swapp" (hereinafter referred to collectively as the "Application"). The Application is free and allows registered users ("Users") to:

• Create one or more digital business cards,

• Share them with other Users or third parties (via QR code, link, NFC, etc.),

• Scan and convert physical business cards into digital business cards,

• Add notes, mark certain contacts as favorites, or “reswapp” (share again) specific contacts,

• View statistics on their cards (e.g., number of views),

• Visualize on a "Swapp Map" where the card was exchanged (if the User activates geolocation).

The present General Terms of Use ("GTU") aim to define the respective rights and obligations of Swapp and Users in the context of the use of the Application and the Services offered therein.

For any questions regarding these GTU or the Application, the User can contact Swapp at the address team@swapp.fr.

Article 2 – Acceptance and modifications of the GTU

2.1 Acceptance

Before registering and using the Application, each User must:

• Be aware of these GTU as well as the Privacy Policy,

• Accept them and commit to fully comply with them.

Acceptance is collected through a checkbox when creating an account on the Application. If declined, the User must not register or use the Application.

2.2 Modifications

Swapp reserves the right to modify the GTU and the Privacy Policy in the future (without retroactive effect). The User will be notified of any modification by email and/or through a notification in the Application within a reasonable time before the new provisions take effect.

In case of disagreement, the User is free to delete their account (unregister). If they continue to use the Application after the new provisions take effect, they will be considered to have accepted the new GTU and/or the new Privacy Policy.

Article 3 – Access conditions and registration for the Application

3.1 Target audience

The Application is not intended for minors. The User therefore declares that they are of the legal age required to validly accept these GTU.

3.2 Account creation

To benefit from the Services, the User must create an account by providing:

• First and last name,

• Email address or phone number,

• Password (in case of registration by email) or access code sent via SMS (for authentication via phone number).

The User agrees to provide accurate, up-to-date information and to update it if necessary. Swapp reserves the right to conduct checks to combat identity theft (verification of the email address, phone number, etc.).

3.3 Account security

The User is solely responsible for the confidentiality of their identifiers (email, password, or phone). They must:

• Not disclose them to a third party,

• Immediately report to Swapp (team@swapp.fr) any fraudulent or suspicious use of their account,

• Change their password without delay if in doubt.

Swapp cannot be held responsible for the consequences of unauthorized access resulting from a voluntary or involuntary disclosure of the identifiers by the User.

Article 4 – Description of the Services

4.1 Creation and management of digital business cards

The User can create multiple digital business cards, insert the desired information (name, surname, photo, contact details, links, files, etc.), and choose the order of presentation. Any modification made to one of their cards is automatically updated for the recipients who have added it in the Application.

4.2 Transfer of cards

The User can share a business card:

• With other registered Users, via a link, QR code, or NFC technology,

• With third parties who are not registered, via a link or a QR code: in this case, the card is displayed on the recipient's internet browser.

The recipient can accept or refuse the card (if they are registered).

Note: if the card is shared with a third party, Swapp disclaims any responsibility regarding the use that such third party may make of the information communicated.

4.3 Search for contacts and "reswapp"

• Search: It is no longer possible to freely search for another User by their name/surname, unless they have already scanned them live (QR code) or received the link to their card.

• Reswapp: The User can forward (“reswapp”) a received contact to another User.

4.4 Scanner for physical cards

The Application offers a tool to scan physical business cards via the phone camera and to convert this information into a digital card within the Application.

4.5 Notes, favorites, and statistics

• Notes: The User can associate personal notes with the contacts in their Swapp address book.

• Favorites: The User can mark certain contacts as “favorites” for easy retrieval.

• Statistics: The Application provides statistics on created cards (for example, number of views).

4.6 Swapp Map

The User can, if they wish, enable geolocation and visualize on a “Swapp Map” where the exchange of a card took place.

4.7 Complementary Services

Swapp may send notifications (push or in-app) in case of events (e.g., receipt of a card). The User can deactivate them in their phone settings or by contacting support.

Swapp may also enhance or evolve the functionalities of the Application by offering additional Services (e.g., integration with new platforms, etc.) without prior acceptance being required from the User, provided they inform the latter.

Article 5 – User Obligations

The User agrees to:

1. Comply with the GTU and the Privacy Policy, as well as the regulations in force,

2. Provide accurate information when creating their account and when using the Application,

3. Not promote, disseminate, or store via the Application:

   • Content that is violent, hateful, discriminatory, racist, homophobic, defamatory, xenophobic, pornographic, etc.,

   • Content contrary to public order or good morals,

   • Malicious files or programs (viruses, malware),

1. Not disclose without permission personal data of others (Users or third parties),

2. Not attempt to extract or reuse mass content from the Application (nor to develop unauthorized “bots” or “scrapers”),

3. Report to Swapp (team@swapp.fr) any content or behavior that they consider illegal or inappropriate.

Article 6 – Reporting illegal or inappropriate content

If the User becomes aware of any content or use of the Application that they believe is illegal or contrary to these GTU, they are invited to report it immediately to team@swapp.fr specifying:

• The date of the report,

• Their identity (name, first name, email),

• A description of the disputed content and its location (link, name of card, etc.),

• The legal or factual reasons justifying the removal of the content.

Swapp commits to verify the reported content as soon as possible and, if necessary, to remove it or restrict access. Swapp may, depending on the severity, suspend or delete the account of the User responsible for the disputed content, after prior notification.

Article 7 – Responsibility

7.1 User Responsibility

• The User is the editor and responsible for the information they provide on their business cards.

• They are solely responsible for any direct or indirect damage they may cause to third parties or Swapp by disseminating illegal content or content contrary to the GTU.

7.2 Swapp Responsibility

• Swapp acts as a host of content in the meaning of the law. It does not control content created by the User in advance.

• Swapp is only obliged to ensure a means obligation regarding the accessibility and proper functioning of the Application.

• Swapp may temporarily interrupt access to the Application for maintenance or security reasons.

• Swapp cannot be held responsible for malfunctions attributable to telecommunication networks or User equipment.

• If the User shares their card with a third party, Swapp disclaims any responsibility regarding the use that such third party may make of the information thus communicated.

Article 8 – Termination, suspension, and transfer of Services

8.1 Duration and termination by the User

The present GTU are concluded for an indefinite duration from their acceptance. The User can terminate them at any time by deleting their account from the Application. Deleting the account also results in the deletion of the User's personal data under the conditions set out in the Privacy Policy.

8.2 Inactivity

In the event of inactivity of the account for a continuous period of 3 years, Swapp may delete the User's account, after notifying them by email (one month before the deadline).

8.3 Suspension or termination by Swapp

Swapp reserves the right to suspend or immediately delete the User's account in case of serious or repeated breaches of these GTU (notably in case of illegal content). The User will be informed by email.

8.4 Assignment or cessation of the Service

Swapp may at any time:

• Terminate or suspend the operation of the Application,

• Assign the Application to a third party.

In this case, the User will be informed within a reasonable time. They can then unsubscribe if they do not wish to continue using the Services.

Article 9 – Intellectual property

All intellectual property rights related to the Application, its components (software, infrastructures, databases, logos, brands, etc.) remain the exclusive property of Swapp. Any reproduction, representation, or adaptation is strictly prohibited without the prior written consent of Swapp.

By creating and hosting their business cards on the Application, the User grants Swapp a free and non-exclusive license to reproduce, represent, and adapt their content for the needs of the functioning, promotion, and evolution of the Application (worldwide, and for the duration of their contractual relationship with Swapp).

Article 10 – Personal data

Swapp commits to comply with applicable regulations on data protection (GDPR, Data Protection Law). The characteristics of personal data processing implemented by Swapp are described in the Privacy Policy, which is an integral part of these GTU.

Article 11 – Amicable settlement and competent jurisdiction

11.1 Amicable settlement

In case of dispute, the User is invited to contact Swapp directly (team@swapp.fr) to seek an amicable solution within a reasonable time.

11.2 Applicable law and competent courts

The present GTU are subject to French law. In the absence of an amicable agreement, any dispute regarding the execution, interpretation, or validity of the GTU will fall under the competent jurisdictions of the User's place of residence or, failing that, the French courts.

Article 12 – Other provisions

If one or more provisions of these GTU are declared invalid, illegal, or unenforceable by a competent court, the other provisions will remain in effect to the extent permitted by law.

Last updated: 01/17/2025