End User License Agreement

Terms of Use for Swap Application

Last Updated: December 29, 2025

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE SWAP APPLICATION.

By downloading, installing, or using the Swap application ("App"), you agree to be bound by the terms of this End User License Agreement ("Agreement"). If you do not agree to the terms of this Agreement, do not download, install, or use the App.

1. License Grant

a. Scope of License

Subject to your compliance with this Agreement, Swap grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal mobile device solely for your personal, non-commercial use. This license does not grant you any rights to use the App for commercial purposes or to distribute or sublicense the App to any third party.

You may not:

  • Copy, modify, or create derivative works of the App
  • Reverse engineer, decompile, or disassemble the App
  • Remove, alter, or obscure any proprietary notices on the App
  • Use the App in any manner that violates applicable laws or regulations
  • Transfer, sell, rent, lease, or sublicense the App to any third party
  • Use the App to transmit malicious code or interfere with its proper functioning

b. Restrictions

You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the App. If you sell or transfer your device to a third party, you must remove the App from the device before doing so.

2. Data Collection and Use

a. User Data

The App may collect and use certain information from your device to provide its food scanning and recommendation services. This includes but is not limited to:

  • Camera access for scanning food items and barcodes
  • Device information and technical data
  • Usage patterns and preferences
  • Food scan history and dietary preferences

For more information about how we collect, use, and protect your data, please review our Privacy Policy.

b. Technical Data

We may collect technical data and related information about your device, system, and application software that is gathered periodically to facilitate software updates, product support, and other services related to the App. This information may be used to improve our products and services, provided it is in a form that does not personally identify you.

3. Intellectual Property Rights

All rights, title, and interest in and to the App, including all intellectual property rights, are and will remain the exclusive property of Swap and its licensors. The App is protected by copyright, trademark, and other laws. This Agreement does not grant you any rights to use Swap's trademarks, logos, or brand names.

4. Third-Party Services

The App may enable access to third-party services, content, and websites (collectively, "External Services"). You agree to use External Services at your sole risk. Swap is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services.

You agree not to use External Services in any manner that:

  • Is inconsistent with the terms of this Agreement
  • Infringes the intellectual property rights of any party
  • Harasses, abuses, stalks, threatens, or defames any person or entity
  • Violates any applicable laws or regulations

5. Health and Medical Disclaimer

IMPORTANT: The App provides general nutritional information and food recommendations for informational purposes only. The App is not intended to diagnose, treat, cure, or prevent any disease or health condition. The information provided by the App should not be used as a substitute for professional medical advice, diagnosis, or treatment.

You should always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, dietary restrictions, or nutritional needs. Never disregard professional medical advice or delay in seeking it because of information obtained through the App.

If you have food allergies or dietary restrictions, you should always verify product ingredients independently before consumption. Swap is not responsible for any adverse reactions or health consequences resulting from your use of the App or reliance on its recommendations.

6. Accuracy of Information

While we strive to provide accurate nutritional information and product data, we cannot guarantee the accuracy, completeness, or reliability of the information provided through the App. Product formulations may change, and nutritional information may vary. You should verify all information independently before making decisions based on it.

7. Term and Termination

a. Term

This Agreement is effective until terminated by you or Swap. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms.

b. Effect of Termination

Upon termination, you must cease all use of the App and delete all copies from your devices. The following sections shall survive termination: Sections 3 (Intellectual Property Rights), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), and 11 (Governing Law).

8. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

Swap hereby disclaims all warranties and conditions with respect to the App and any services, either express, implied, or statutory, including but not limited to:

  • The implied warranties of merchantability and fitness for a particular purpose
  • Warranties of accuracy, reliability, or completeness of information
  • Warranties of quiet enjoyment and non-infringement of third-party rights
  • Any warranties arising from course of dealing or usage of trade

Swap does not warrant that the App will meet your requirements, operate uninterrupted or error-free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

9. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SWAP BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION:

  • Damages for loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption
  • Personal injury or property damage
  • Any other commercial damages or losses

This limitation applies regardless of the theory of liability (contract, tort, negligence, or otherwise) and even if Swap has been advised of the possibility of such damages. In no event shall Swap's total liability to you for all damages exceed the amount of fifty dollars ($50.00).

Some jurisdictions do not allow the limitation of liability for personal injury or incidental or consequential damages, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Swap and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

  • Your access to or use of the App
  • Your violation of this Agreement
  • Your violation of any third-party rights
  • Any health consequences resulting from your use of the App

11. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Swap operates, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within that jurisdiction for the purpose of litigating all claims or disputes.

12. Export Control

You may not use or otherwise export or re-export the App except as authorized by applicable laws and regulations. In particular, but without limitation, the App may not be exported or re-exported into any embargoed countries or to anyone on prohibited party lists.

13. Changes to This Agreement

Swap reserves the right to modify this Agreement at any time. We will notify you of any changes by posting the new Agreement within the App or on our website. Your continued use of the App after such modifications constitutes your acceptance of the updated Agreement.

14. Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Swap regarding the App and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Swap.

15. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.

16. Contact Information

If you have any questions about this Agreement, please contact us through the contact information provided in the App or on our website.