Terms of Service

1. Acceptance of Terms

By accessing or using Swappahome, accessible at swappahome.com ("the Platform", "Service", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these terms, you must not access or use our services.

These Terms constitute a legally binding agreement between you and the operators of Swappahome. You represent that you are at least 18 years old and have the legal capacity to enter into this agreement.

IMPORTANT: THIS SERVICE IS PROVIDED IN BETA. BY USING THIS SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

2. Beta Service Disclaimer

Swappahome is currently operating as a beta service. This means:

• The Service may contain bugs, errors, and other problems
• Features may be added, modified, or removed without notice
• The Service may be unavailable at times for maintenance or updates
• Data may be lost, corrupted, or reset during the beta period
• The Service is provided for evaluation and testing purposes
• We make no guarantees about the reliability or availability of the Service

You acknowledge that you are using the Service at your own risk and that we shall have no liability for any issues arising from the beta nature of the Service.

3. Description of Service

Swappahome is a platform that facilitates connections between individuals who wish to exchange the use of their homes for travel purposes.

SWAPPAHOME IS NOT A PARTY TO ANY TRANSACTION OR AGREEMENT BETWEEN USERS. We do not own, operate, manage, or control any properties listed on the Platform. We are solely a technology platform that enables connections between users. All arrangements, agreements, and transactions are solely between users.

We do not verify the accuracy of listings, the identity of users beyond basic verification, the safety of properties, or the suitability of any exchange arrangement.

4. User Responsibilities and Assumption of Risk

By using Swappahome, you acknowledge and agree that:

• You are solely responsible for evaluating the suitability of any property or user
• You assume all risks associated with using the Platform and any home exchange
• You are responsible for obtaining appropriate insurance for your property and belongings
• You are responsible for complying with all applicable laws, regulations, HOA rules, and lease terms
• You must verify that you have the legal right to offer your property for exchange
• You are responsible for any taxes that may apply to your use of the Service

YOU EXPRESSLY ASSUME ALL RISK OF DAMAGE TO YOUR PROPERTY, PERSONAL INJURY, THEFT, OR ANY OTHER HARM THAT MAY RESULT FROM USING THE SERVICE OR PARTICIPATING IN ANY HOME EXCHANGE.

5. Credit System

Our Platform uses a credit-based system:

• New members may receive welcome credits upon verification (subject to change)
• Credits are earned by hosting guests and spent on bookings
• Credits have no monetary value and cannot be exchanged for cash
• Credits are non-transferable between accounts
• Credits may expire or be modified at our sole discretion
• We reserve the right to adjust, remove, or reset credits at any time

We reserve the right to modify, suspend, or terminate the credit system at any time without prior notice and without liability.

6. No Warranty - AS IS / AS AVAILABLE

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The results from using the Service will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Service will meet your expectations
• Any errors in the Service will be corrected
• Any user or property on the Platform is trustworthy, safe, or as described

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWAPPAHOME, ITS OPERATORS, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, we shall not be liable for:

• Any damage to or loss of your property
• Any personal injury or death
• Theft, vandalism, or criminal acts by other users
• Any disputes between users
• Inaccurate, misleading, or false information provided by users
• Any unauthorized access to your account or data
• Service interruptions or data loss
• Actions or omissions of third parties

IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT OF CREDITS IN YOUR ACCOUNT OR €100 (ONE HUNDRED EUROS), WHICHEVER IS LESS.

8. Indemnification

You agree to indemnify, defend, and hold harmless Swappahome and its operators, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable law or regulation
• Any content you post or submit to the Service
• Any home exchange or transaction you participate in
• Any dispute with another user

9. Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose
• Post false, misleading, or fraudulent content
• Impersonate any person or entity
• Harass, abuse, or harm other users
• List properties you do not have the right to offer
• Attempt to circumvent our systems or security measures
• Use automated systems to access the Service
• Collect user information without consent
• Use the Service for commercial purposes not intended

10. Account Termination

We reserve the right to suspend or terminate your account at any time, for any reason, without prior notice and without liability. This includes but is not limited to:

• Violation of these Terms
• Fraudulent or abusive behavior
• Complaints from other users
• Extended inactivity
• At our sole discretion for any reason

Upon termination, your right to use the Service ceases immediately. Any credits in your account will be forfeited and you shall have no claim to compensation.

11. Dispute Resolution

Disputes Between Users: Any disputes arising between users must be resolved directly between those users. We are not a party to any such disputes and have no obligation to mediate or resolve them.

Disputes With Swappahome: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If not resolved within 30 days, the dispute shall be submitted to binding arbitration.

YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the European Union and applicable national laws, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts in the applicable jurisdiction for any disputes not subject to arbitration.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. Changes will be effective immediately upon posting. Your continued use of the Service after any changes constitutes acceptance of the new Terms. It is your responsibility to review these Terms periodically.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Swappahome regarding the use of the Service and supersede all prior agreements and understandings.

16. Contact

For questions about these Terms, please contact us at: legal@swappahome.com