Legal information

Last updated: 5 May 2026 · Effective from publication

1. Definitions

• "Operator" or "we" — SWAPWARE GmbH, an Austrian legal entity (FN 637270 m, UID ATU81370428, Blaasstrasse 24/Top 16, 1190 Wien, Austria).
• "Platform" — the totality of SWAPWARE services: swapware.com.ua website, iOS/Android mobile app, Solomia AI assistant, marketplace, news service, CRM tools.
• "User" or "you" — any natural or legal person accessing the Platform.
• "Business User" — a User using the Platform for professional or commercial activity (legal entity, sole proprietor).
• "Consumer" — a natural person using the Platform for purposes outside their trade, business, or profession.
• "Content" — any information on the Platform: texts, images, analytics, news, AI responses, marketplace listings.
• "Solomia" — an AI assistant powered by Google Gemini API, providing advisory responses in the agronomy field.

2. Registration and account

• Full functionality requires registration with phone number (SMS confirmation) or email.
• You are responsible for the confidentiality of your credentials and activity in your account.
• One User — one account. Account transfer to third parties is prohibited.
• Minimum age for registration is 18 years. The Platform is not intended for minors.
• You agree to provide accurate and current information (phone, email, company data).
• We reserve the right to suspend or delete an account in case of material breach of these Terms with email notification.

3. Paid services and payment

3.1. Current payment model

• Payment for SWAPWARE services is made on the basis of invoices under contracts between the Operator and Business Users.
• Payment details: SWAPWARE GmbH, Erste Bank der Oesterreichischen Sparkassen AG, IBAN AT35 2011 1852 4633 2800 (EUR), SWIFT GIBAATWWXXX.
• Invoices are issued in EUR or USD depending on the contract.

3.2. Planned payment methods

The following online payment methods are planned for future versions of the Platform:

• Stripe — for users in the EU and other countries (payment cards)
• LiqPay or Monobank Acquiring — for users in Ukraine

Integration of these providers will be implemented with corresponding updates to these Terms and the Privacy Policy. Until online payments launch, no payment cards are accepted or stored on the Platform.

3.3. Subscriptions and auto-renewal (when activated)

The following rules will apply when the subscription model launches:

• Subscriptions auto-renew until cancelled by the User.
• Cancellation is available in the Personal Account at any time. It takes effect at the end of the current paid period.
• Free trial is offered only once per account.
• Price changes are notified at least 30 days before they take effect.

4. Right of withdrawal (for EU/Ukraine Consumers)

To withdraw, send notice to info@swapware.at or privacy@swapware.com.ua with the subject "Contract withdrawal". Funds will be returned within 14 days to the same account/card.

Exception: if you actively use paid features during these 14 days (e.g., obtain AI consultations from Solomia, generate reports), we may withhold a proportional part of the value for services rendered, in accordance with Art. 16(1) of EU Directive 2011/83/EU.

Business Users (legal entities, sole proprietors) do not have the 14-day withdrawal right under B2B contractual relations.

5. User obligations and rules of use

Users are prohibited from:

• Using the Platform for illegal purposes or in violation of the laws of Austria, the EU, Ukraine, or your country;
• Reproducing, copying, distributing, selling, or modifying any Platform Content without written permission from the Operator;
• Using automated tools (bots, parsers, scripted agents) for mass data collection from the Platform without an API agreement;
• Attempting unauthorized access to servers, databases, or other technical components of the Platform;
• Uploading or distributing on the Platform any false, illegal, offensive content or content that infringes the rights of third parties;
• Reselling Platform access to third parties;
• Using Solomia AI to generate illegal, offensive, discriminatory content or to bypass established restrictions;
• Impersonating another person, legal entity, or SWAPWARE representative.

6. Solomia AI — special conditions

The Solomia AI assistant is built on Google Gemini API. By using Solomia, you agree to the following:

• AI may make mistakes. Solomia is not a qualified agronomist, lawyer, accountant, or financial advisor. All responses are informational in nature.
• Do not rely solely on Solomia when making important agronomic, financial, legal, or medical decisions. Always consult professionals.
• The text of your messages is transmitted to Google LLC (USA) for response generation. Do not enter confidential information (passwords, banking details, third parties' personal medical data).
• It is prohibited to use Solomia to generate illegal content, malware, or manipulative schemes.
• SWAPWARE is not liable for decisions made by the User based on Solomia's responses.

7. Marketplace (when activated)

When the marketplace launches, the following base principles will apply:

• SWAPWARE acts as an information intermediary, providing a technical platform for sellers' listings and communication with potential buyers.
• SWAPWARE is not a party to commercial transactions between marketplace Users. Sale contracts are concluded directly between sellers and buyers.
• SWAPWARE does not guarantee the quality, safety, legality, or conformity of goods to descriptions provided by sellers.
• Disputes between transaction parties are resolved by the parties themselves or judicially.
• Separate marketplace rules will be published upon its launch.

8. News and third-party content

• The news section contains both SWAPWARE editorial content and aggregated content from open sources (in particular, public Telegram channels with attribution).
• Authorship of aggregated content is indicated through source attribution.
• SWAPWARE is not responsible for the content of third-party publications. The views of authors of aggregated publications do not necessarily reflect SWAPWARE's position.
• AI processing (summaries, tags) is generated automatically and may contain inaccuracies.

9. Intellectual property

• All content created by SWAPWARE (software code, design, texts, databases, trademarks, analytics) is the intellectual property of SWAPWARE GmbH.
• The User receives a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.
• Content created by the User (listings, messages, reviews) remains your property. By uploading it, you grant SWAPWARE a non-exclusive license to store, display, and process it within the Platform's operation.
• SWAPWARE, Solomia, Nitro Trade trademarks are protected by applicable law. Use without written permission is prohibited.

10. Privacy and personal data

Personal data processing is governed by a separate Privacy Policy compliant with GDPR and Ukrainian personal data protection law. By using the Platform, you confirm that you have read the Privacy Policy.

11. Limitation of liability

To the extent permitted by applicable law:

• The Platform is provided "as-is" and "as-available". We do not warrant uninterrupted, error-free operation.
• SWAPWARE is not liable for indirect, incidental, punitive, or consequential damages (lost profit, data loss, business interruption) arising from use or inability to use the Platform.
• SWAPWARE's total cumulative liability to a Business User in any 12-month period is limited to the amount actually paid by the User for Platform services during that period.
• No provision of these Terms excludes or limits liability for willful misconduct, gross negligence, damages to life or health, or other Consumer rights that cannot be limited under the mandatory law of the User's country.

12. Force majeure

Neither party is liable for non-performance due to force majeure circumstances: war, martial law, natural disasters, cyberattacks, ISP outages, blackouts, governmental decisions making performance impossible.

The ongoing war in Ukraine is recognized as an existing force majeure circumstance for part of SWAPWARE's infrastructure on Ukrainian territory. The Operator makes reasonable efforts to ensure service continuity through duplicated infrastructure in the EU.

13. Changes to Terms

We may update these Terms from time to time. We will notify of material changes (in particular those affecting your rights or obligations) at least 30 days in advance via the app and email. Less material updates (corrections, clarifications) take effect upon publication.

Continued use of the Platform after changes take effect means acceptance of the new Terms. If you do not agree with the changes — you may stop using the Platform and delete your account.

14. Termination

• You may delete your account at any time via the Personal Account or by writing to info@swapware.at.
• We reserve the right to terminate or limit access to the Platform in case of material breach of these Terms with notification to the User.
• Upon service termination, certain provisions of these Terms remain in force: intellectual property, limitation of liability, confidentiality, dispute jurisdiction.

15. Governing law and jurisdiction

These Terms are governed by the substantive law of the Republic of Austria, excluding conflict-of-laws rules.

All disputes arising out of or in connection with these Terms are subject to the exclusive jurisdiction of the courts of Vienna, Austria, unless otherwise mandated by the consumer protection law of the Consumer's country of residence.

EU Consumers may also use the EU Online Dispute Resolution platform (ODR).

16. Contacts