TERMS OF USE AND SERVICES &SWAPP

Last updated: June 1, 2026

These Terms of Use and Services (the "Terms") constitute an agreement between you and &Swapp SAS, a simplified joint-stock company with a share capital of €10,000, registered with the Nanterre Trade and Companies Register under number 104 991 096, with its registered office at 32 rue de Paris, 92100 Boulogne-Billancourt (hereinafter "&Swapp", "we", "our", "us").

By accessing or using the Platform, you acknowledge that you have read these Terms and agree to be bound by them. If you do not accept these Terms, you must not access or use the Platform.

The following documents form an integral part of these Terms:

• Annex A — &Swapp Guarantee Terms
• Annex B — Member Code of Conduct
• Annex C — Privacy Policy

1. Purpose, role of the Platform, and definitions

1.1. Purpose of the Platform

The Platform www.andswapp.com and its mobile applications (the "Platform") connect individuals who wish to temporarily swap their homes. &Swapp is built on mutual trust and reciprocity: every Member who hosts a traveler in their home expects their own home to be treated with the same respect.

1.2. Role of &Swapp

&Swapp acts exclusively as a connection platform. When Members enter into a Swap, they contract directly with each other. &Swapp is not and does not become a party to any Swap. &Swapp is neither a real estate broker, insurer, nor agent for any Member.

&Swapp facilitates connections but does not control or guarantee the existence, quality, safety, compliance, or legality of Listings, Homes, or the conduct of any Member or third party. &Swapp collects Service Fees in exchange for its connection services.

1.3. Services provided by &Swapp

The &Swapp service includes the following indivisible services:

• Access to the Platform and connection between Members;
• Sharing contact details between Members for a Swap;
• Automated identity verification of Members;
• Deposit management;
• Email support;
• A free contractual guarantee in case of damage, theft, or other loss suffered by a Member (detailed in Annex A).

1.4. Member commitments when using the Platform

By using the Platform, you agree to strictly comply with these Terms and the Code of Conduct (Annex B), and in particular to:

(a) not provide inaccurate or misleading information, nor create multiple or fake accounts;

(b) not publish defamatory, insulting, discriminatory, threatening, obscene content, or content that infringes third-party rights;

(c) not transmit files containing viruses, malicious code, or any program likely to compromise the operation of the Platform or a third-party device;

(d) not conduct commercial activity on the Platform without express authorization from &Swapp;

(e) not assign, transfer, or share your Account with a third party;

(f) not bypass the Platform's technical devices, nor use indexing robots or scraping;

(g) not collect personal data of other Members without their consent;

(h) not offer a Home for rent to Members;

(i) not arrange a Swap with a Member outside the Platform.

1.5. Definitions

The following terms, when capitalized, have the meaning set out below:

"Listing": a description of a Home published on the Platform by a Member, including any User Content. Each Listing has a unique identifier.

"Deposit": a pre-authorized security hold on a Member's payment method, under the terms described in Section 7.

"Code of Conduct": the behavior rules expected of Members, as detailed in Annex B.

"Account": a personal space created by a Registered User on the Platform to access the services.

"User Content": any information, text, photograph, or document published by a Member on the Platform.

"Swap": reciprocal or one-way provision of a Home between two Members, organized and confirmed through the Platform. Swaps may be simultaneous, reciprocally staggered over time, or one-way.

"Force Majeure Event": any unforeseeable and irresistible event, beyond the reasonable control of the affected party, preventing it from performing its obligations. These include in particular: natural disasters, epidemics or pandemics, armed conflicts or acts of terrorism, nuclear, chemical, or biological contamination, restrictive government measures, embargoes or sanctions, and widespread social movements.

"Service Fee": Platform usage fee charged to the Traveler Member for each confirmed Swap, covering connection, identity verification, Deposit management, and the contractual guarantee. The amount is shown on the dedicated page (andswapp.com/en/pricing) and communicated before confirmation.

"Registered User": a person who has created an Account on the Platform.

"Home": a permanent residential property that a Member has the legal or contractual right to offer through the Platform. Habitable vehicles, boats, mobile homes, and non-permanent structures are excluded.

"Member": a Registered User who has completed their profile and verified their identity, with full access to Platform features. Depending on context, a Member may be a Host Member and/or a Traveler Member. In a reciprocal Swap, each Member is simultaneously Host and Traveler. Unless stated otherwise, the rights, obligations, and protections in these Terms apply to each Member regardless of role.

"Host Member": a Member who publishes a Listing and offers their Home for a Swap. They provide their Home's characteristics and make it available to other Members.

"Traveler Member": a Member who browses Listings, applies for a Swap, and stays in a Host Member's Home. A Traveler Member may also make their own Home available in a reciprocal Swap. To contact a Host Member, they must first provide their personal information and Home details, and complete identity verification.

"Verified": status granted to a Registered User whose identity, email address, and phone number have been confirmed by an automated verification provider chosen at &Swapp's discretion.

2. Members and Accounts

2.1. Registration requirements

To create an Account, you must be a natural person aged at least 18, have the legal or contractual right to offer your Home for a Swap, and have contractual capacity. An Account is strictly personal and may not be used for professional or commercial purposes.

Only one Account is allowed per household. If several people live in the same Home, it may only be offered for a Swap from a single Account. Adult co-residents may be designated as authorized users of that Account.

2.2. Credentials and security

When registering, you choose an authentication email and password. You may also register through a third-party social network (Google, Microsoft, Facebook, etc.). You may disable this connection from your Account settings.

You assume full responsibility for the confidentiality of your credentials and for any activity carried out through your Account, including by a third party, whether authorized or not. &Swapp assumes no liability in case of identity theft or fraudulent use of an Account. Any suspicious use must be reported without delay to . support@andswapp.com

2.3. Identity verification

Each Registered User must provide an identity document when creating their Account. Verification is performed through an automated system operated by an external provider chosen at &Swapp's discretion, using recognition and comparison processes. &Swapp is not liable for failure or error by the provider in performing its task.

Submitted documents are accessible only to authorized persons for control or incident resolution purposes. Their retention is governed by technical and organizational security measures compliant with applicable regulations (see Annex C — Privacy Policy).

&Swapp also verifies each Registered User's phone number and email address through an automated system. Once all these verifications are complete, the Registered User obtains "Verified" status. Only Verified Members may finalize Swaps.

The "Verified" status means only that the Member has undergone a verification procedure. It does not constitute approval, certification, or any guarantee by &Swapp regarding the Member's identity, reliability, or trustworthiness.

2.4. Keeping information up to date

Members must keep their Account information accurate and up to date at all times. &Swapp is not liable for incorrect or fraudulent information provided by a Member.

2.5. Account closure by &Swapp

If a Member (i) violates these Terms or the Code of Conduct, (ii) breaches an applicable law, regulation, or court decision, &Swapp may, at its discretion:

• restrict or suspend the Member's access to the Platform;
• delete any User Content;
• close the Member's Account;
• cancel upcoming Swaps;
• report the facts to the competent authorities.

In case of a serious breach, closure may occur without notice or formal demand. The Member is informed by email of the reasons for the decision.

If closure is based on publication of unlawful content, the Member may file a complaint under the procedure defined in Section 11. If it is based on any other ground, the complaint falls under Section 13.

Closing an Account does not release &Swapp from its right to seek compensation for any harm suffered as a result of the violation.

&Swapp may, at its discretion, delete an Account and associated Listings after a period of 3 years of inactivity.

2.6. Account closure at the Member's initiative

Any Member may request closure of their Account at any time by email to . Closure takes effect one business day after receipt of the request. If a Swap is in progress, the Account will only be closed after it is fully completed. Future Swaps are canceled. support@andswapp.com

3. Listings and Homes

3.1. Publishing Listings

Host Members must keep their Listings accurate and up to date at all times, specifying in particular:

• the Home's description, location, and availability;
• characteristics, amenities, and installations (pool, heating, security system, etc.);
• applicable house rules;
• where applicable, applicable local legal obligations (declaration, tourist tax, etc.).

A Home may only be published on one Account. Listings may not contain hyperlinks. &Swapp may, at its discretion, require a minimum information format for any Listing.

3.2. Listing ranking

The display order of Listings in search results depends on several factors: user profile, Listing details, Member activity on the Platform, and stated preferences. &Swapp provides no guarantee regarding a Listing's position in results.

3.3. Compliance and liability

Members represent and warrant that publishing their Listing and completing a Swap does not breach any agreement, co-ownership rules, lease contract, or applicable law or regulation relating to their Home. Host Members assume full responsibility for their acts and omissions in drafting and updating their Listings.

4. Organizing Swaps

4.1. Connection and sharing contact details

To enable organization of a Swap, each Member expressly authorizes &Swapp to share their personal contact details (email address and phone number) with any Member with whom a Swap is under discussion or confirmed. These details may only be used for the exclusive purpose of organizing the Swap. Any commercial or solicitation use constitutes a breach of these Terms.

Inquiries and communications passing through the Platform may be monitored and filtered by &Swapp before transmission. &Swapp is not liable for untransmitted requests or losses resulting from untransmitted requests.

&Swapp may review communications exchanged between Members to verify compliance with these Terms, while treating them as private exchanges. Each Member remains fully responsible for the content of their communications.

4.2. Conclusion and nature of the Swap

Each Swap constitutes a limited authorization granted by the Host Member to the Traveler Member to occupy the Home for the agreed period. Members enter into the Swap directly with each other, on their own initiative, at their sole discretion and under their own responsibility.

Members alone assume the risks related to making a Home available or occupying a Home, including risks of material damage or theft. Host Members remain free to accept or refuse any Swap.

4.3. Mutual obligations

Host Members must provide Traveler Members with all necessary information about the Home, its amenities, and applicable house rules. They must complete any formalities required by the competent authorities.

Traveler Members assume full responsibility for the acts or omissions of their companions present in the Home. These companions must comply with these Terms and the Home's rules. No minor may participate in a Swap without being accompanied by a legally responsible adult.

Members must communicate beforehand to identify and prevent any potential issues.

4.4. Failure to vacate the Home

If a Traveler Member does not vacate the Home at the end of the agreed period, the Host Member may take any legal measure to require them to leave. The Traveler Member agrees to compensate the Host Member for each additional 24-hour period of non-vacating. The Traveler Member authorizes &Swapp to charge these damages from the Deposit; this authorization does not constitute a waiver by the Host Member of the right to seek full compensation for their loss.

5. Service Fees and payments

5.1. Amount and purpose

For each confirmed Swap, Service Fees are charged to the Traveler Member. They cover all services provided by &Swapp: connection, identity verification, Deposit management, support, and the contractual guarantee.

The amount of Service Fees is shown on the Platform's dedicated page (andswapp.com/en/pricing) and communicated to the Traveler Member before each Swap confirmation.

5.2. Payment terms

Service Fees are due upon Swap confirmation. Payment is made by credit or debit card through the Platform's payment provider. Prices are displayed inclusive of taxes in the Member's country of residence currency. &Swapp is not liable for bank or exchange fees borne by the Member.

5.3. Refund

Service Fees are refunded to the Traveler Member in the cases provided in Sections 6.1, 6.2, and 6.4. Outside these cases, they are non-refundable.

5.4. Right of withdrawal

Under Article L221-28 1° of the French Consumer Code, the right of withdrawal does not apply to Service Fees to the extent that the Swap has been confirmed and performance of &Swapp's services has begun. The Member gives express consent to immediate commencement of the service upon confirmation.

&Swapp nevertheless grants, on a commercial basis, the option to cancel a confirmed Swap free of charge more than thirty (30) days before the start date, under the conditions provided in Section 6.1.

6. Cancellations and force majeure

6.1. Cancellation by the Traveler Member

• More than 30 days before the start of the Swap: full refund of Service Fees;
• Between 15 and 30 days: Service Fees non-refundable;
• Less than 15 days: Service Fees non-refundable.

In all cases, the Deposit pre-authorization is released.

6.2. Cancellation by the Host Member

If canceled by the Host Member, Service Fees are fully refunded to the Traveler Member and the Deposit pre-authorization is released.

The &Swapp team will endeavor to offer the Traveler Member one or more replacement Homes on the Platform. &Swapp is only bound by a best-efforts obligation and is not liable if it cannot provide a replacement Home or for direct or indirect consequences of the cancellation.

6.3. Cancellation by &Swapp

&Swapp may cancel a Swap in an emergency, to preserve Member safety, or for any other reason provided in these Terms. &Swapp may then, depending on circumstances: refund Service Fees, release Deposits, and/or offer a replacement Home.

6.4. Insufficient or inaccurate Home

A Home is considered insufficient or inaccurate when it has one of the following defects:

Absolute criteria: no electricity, running water, or hot water; refrigerator or cooking elements absent or out of order; significant pest presence; toilets or shower/bath absent or non-functional; inability to close a ground-floor opening to the outside; roof not protecting the interior from weather; sleeping capacity lower than the number of people declared.

Conditional criteria (if the item was expressly advertised): insufficient heating (< 19°C); insufficient air conditioning (> 35°C); pool unusable in season; Wi-Fi absent or out of service; advertised accessibility not effective; advertised elevator out of service above the 3rd floor.

If a Home is proven insufficient, &Swapp will endeavor to offer a replacement Home. Failing that, Service Fees are fully refunded. &Swapp is only bound by a best-efforts obligation and is not liable for consequences of inability to provide a replacement. The Traveler Member retains the option to take legal action against the responsible Host Member.

6.5. Force majeure

&Swapp is not liable for any delay or failure to perform resulting from a Force Majeure Event. &Swapp may then, at its discretion: cancel the Swap and refund Service Fees, release Deposits, and/or propose alternative dates.

7. Deposit and Member protection

7.1. Deposit amount and mechanism

For each confirmed Swap, a Deposit of five hundred euros (€500) is pre-authorized on the payment method of each Member staying in the other's Home. In a reciprocal Swap, each Member therefore provides a €500 Deposit for the benefit of the other, and is subject to the same obligations and protections.

Pre-authorization is validated by strong authentication (SCA/PSD2). It is maintained for the duration of the Swap and until ten (10) calendar days after the end date. No amount is debited except in the cases provided in Section 7.3.

7.2. Automatic release

If no claim is filed within ten (10) days after the end of the Swap, the pre-authorization is automatically released. No charge is made.

7.3. Cases of Deposit debit

The Deposit may be debited, in whole or in part, to cover:

• material damage to the Home or its furnishings attributable to the Member or their companions;
• theft of movable property duly established;
• abnormal cleaning costs resulting from failure to return the Home in good condition;
• failure to return keys or access means within the agreed deadlines.

7.4. Claim procedure

A Member who discovers damage must inform &Swapp within <strong>ten (10) calendar days</strong> from the end of the Swap, via the claim form in their personal space or by email to . support@andswapp.com

The claim must include: dated photographs of the damage, detailed description, quotes or invoices, sworn statement. In case of theft: copy of the police report.

If the Member does not have all supporting documents within ten days, they may request an extension from &Swapp, not exceeding thirty (30) days in total. Any claim filed after the deadline will be rejected.

7.5. Response and resolution

&Swapp notifies the other Member by email. They have ten (10) calendar days to accept or dispute the claim. Failure to respond within this period constitutes irrevocable acceptance of the requested charge.

If agreed, the agreed amount is charged from the Deposit and paid to the Member within twenty (20) business days.

If the defaulting Member's card is declined, they have five (5) days to regularize by bank transfer or other means. Failing that, &Swapp may, at its discretion, suspend the Account and initiate any collection procedure.

7.6. Disagreement and escrow

If Members cannot reach agreement, &Swapp holds the Deposit amount in escrow. Absent joint agreement or proof of legal action within ninety (90) days, &Swapp returns the sum to the Member whose Deposit was charged.

7.7. Free contractual guarantee

Detailed terms of &Swapp's free contractual guarantee (coverage, caps, exclusions, subrogation) are set out in Annex A of these Terms.

7.8. Modification of Deposit amount

The Deposit amount may be modified by &Swapp, provided Members are informed at least thirty (30) days before the new amount takes effect.

7.9. Member cooperation

Members agree to cooperate in good faith with &Swapp and other Members to resolve any dispute related to a Swap, and to provide necessary elements and documents.

&Swapp may intervene to facilitate dispute resolution, without however guaranteeing the outcome.

8. Member insurance

8.1. Host Member insurance

Each Member offering their Home for a Swap assumes full responsibility for obtaining and maintaining valid home insurance (comprehensive home insurance or any equivalent insurance required by law or existing contracts) for the entire duration of the Swap. Any insurance deficiency may result in Account suspension or closure.

&Swapp may, at its discretion, ask the Member to promptly provide proof of insurance. Any failure to respond or provide accurate information may result in Account suspension.

8.2. Traveler Member insurance

Each Member staying in another Member's Home assumes full responsibility for obtaining and maintaining valid personal liability insurance (generally included in a home insurance contract or individual liability insurance).

8.3. Member liability

It is each Member's responsibility to verify and understand their own insurance coverage, as well as that of any Member with whom they complete a Swap. Each Member remains fully liable if their participation in a Swap violates an agreement or policy with their insurer.

9. Reviews and ratings

9.1. Publishing reviews

Following a Swap, each Member may publish a review and assign a star rating, visible on the concerned Member's profile and/or Listing. Members have 30 calendar days from publication of a review to ask &Swapp to facilitate publication of a response. Responses must not exceed 500 characters.

9.2. Applicable rules

Reviews and ratings bind only their authors. &Swapp does not verify them and does not guarantee their accuracy. Each Member agrees to publish only accurate, non-defamatory, and respectful information. Reviews must not be written for extortion or retaliation purposes. Soliciting fake reviews is prohibited.

&Swapp may, at its discretion, remove any review, rating, or response that violates the above rules.

10. Content, intellectual property, and license

10.1. User Content

User Content remains the property of its author. It is recommended not to publish User Content without authorization from the people depicted.

You assume full responsibility for any harm resulting from infringement of copyright, patents, trademarks, trade secrets, or any other intellectual property or personality right, and you agree to indemnify and hold &Swapp harmless from any claim or loss resulting therefrom.

&Swapp expressly disclaims all liability for Member conduct or the content of their publications. You view User Content at your own risk.

&Swapp may, at its discretion, delete your Account or any User Content in case of violation of the law, these Terms, or harm to Platform or Member security.

10.2. Platform intellectual property

Except for User Content, &Swapp holds all intellectual property rights relating to the Platform and its content. Any unauthorized reproduction, modification, distribution, or exploitation is prohibited.

10.3. License of use

Subject to compliance with these Terms, &Swapp grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to (i) download and use the &Swapp application on your personal devices, and (ii) view Platform content exclusively for your personal, non-commercial use.

11. Moderation and reporting

11.1. Liability for hosted content

&Swapp is not liable for information stored on the Platform by a Member, provided that &Swapp (a) did not actually know the content was unlawful, or (b) acted promptly to remove it or disable access once it became aware.

&Swapp has no general obligation to monitor content published by Members or to proactively search for facts or circumstances revealing unlawful activity.

11.2. Reporting

Any Member who detects unlawful content or content contrary to these Terms may report it to . moderation@andswapp.com

11.3. Internal complaint

&Swapp provides a free complaint handling mechanism. Any complaint relating to a measure taken by &Swapp may be sent to . support@andswapp.com

11.4. Out-of-court dispute resolution

In addition, Members may use a certified out-of-court dispute resolution body in accordance with the Digital Services Act.

12. Personal data and third-party links

12.1. Data protection

The terms of collection, processing, and protection of your personal data are described in our Privacy Policy (Annex C).

12.2. Links to third-party sites

The Platform may contain links to third-party sites. &Swapp is not liable for the content, practices, or availability of those sites. Visiting them is your own responsibility.

12.3. Platform availability

&Swapp may temporarily limit availability of the Platform or certain features for maintenance, security, or service improvement reasons. &Swapp will endeavor to inform Members in advance.

13. Liability and limitation

13.1. No warranty

You use the Platform and information obtained through it at your own risk. &Swapp offers no express or implied warranty regarding Swaps, Homes, or personal property. &Swapp conducts no background checks beyond identity verification described in Section 2.3.

13.2. Limitation of liability

&Swapp's liability under these Terms is, in any event, limited to the amount of Service Fees actually collected for the relevant Swap. &Swapp may not be held liable for indirect damages, loss of opportunity, data loss, moral harm, or loss of enjoyment.

13.3. Indemnification

You agree to indemnify and hold harmless &Swapp, its officers, employees, and providers against any claim, loss, cost, or expense (including attorneys' fees) resulting from your violation of these Terms, your use of the Platform, completion of a Swap, or infringement of a third party's rights.

14. Disputes and complaints

14.1. Internal complaint

Any complaint may be sent in writing to . &Swapp agrees to acknowledge receipt within five (5) business days and to provide a response within a reasonable time. support@andswapp.com

14.2. Consumer mediation

Under Articles L. 611-1 et seq. of the French Consumer Code, after sending a written complaint to &Swapp that remains without satisfactory response within one (1) month, any Member with consumer status may free of charge use a consumer mediator to seek amicable resolution. For this purpose, &Swapp has designated mediator CM2C — Centre de la médiation de la consommation de conciliateurs de justice, whom the Member may contact online at https://www.cm2c.net.

14.3. Non-discrimination

Any discrimination based on origin, sex, sexual orientation, gender identity, age, family status, religion, disability, language, or nationality is prohibited on the Platform. Members who experience discrimination may file a report at . &Swapp may, at its discretion, suspend or close the Account of any Member responsible for discriminatory behavior. support@andswapp.com

15. General provisions

15.1. Governing law

These Terms are governed by French law, subject to mandatory consumer protection provisions applicable in the Member's country of residence.

15.2. Modification of the Terms

&Swapp may modify these Terms. Changes are communicated by email. If you do not approve the modified Terms, you may stop using the Platform with immediate effect. If you continue using the Platform after changes take effect, you will be deemed to have accepted them.

15.3. Severability

If a clause of these Terms is declared null, invalid, or unenforceable, the other clauses remain fully applicable.

15.4. Assignment

&Swapp may assign its rights and obligations under these Terms, provided such assignment does not reduce the Member's rights.

15.5. Entire agreement

These Terms, including Annexes A, B, and C, constitute the entire agreement between &Swapp and the Member regarding their subject matter.

15.6. Regional provisions

These Terms apply to all Members regardless of place of residence. &Swapp SAS remains the sole contracting party. The following adaptations apply according to the Member's place of residence:

• Members residing in the European Union: application of French law, subject to mandatory consumer protection provisions of the country of residence (Section 15.1).
• Members residing in the United States: these Terms apply subject to mandatory provisions applicable in the Member's state of residence, particularly regarding consumer protection. Rights relating to personal data of California residents are specified in the Privacy Policy (CCPA/CPRA section, Annex C).
• Transatlantic data transfers: when a Swap connects Members on either side of the Atlantic, data transfers are governed in accordance with the Privacy Policy (standard contractual clauses and, where applicable, the EU–US data protection framework).

Contact and legal notice

&Swapp SAS — simplified joint-stock company with a share capital of €10,000

Registered office: 32 rue de Paris, 92100 Boulogne-Billancourt

SIREN: 104 991 096 · SIRET (registered office): 104 991 096 00017

Trade register Nanterre 104 991 096 (management no. 2026B05937)

EU VAT number: FR41 104 991 096 · NAF code: 6201Z

Company registered on May 18, 2026

Email: contact@andswapp.com · Support: support@andswapp.com

Terms of &Swapp's free contractual guarantee in case of damage to a Member's property

Last updated: June 1, 2026

A.1. General provisions

&Swapp grants, on a commercial basis and at its sole discretion, Members a guarantee in case of damage, theft, or loss caused by another Member during a Swap, under the conditions and limits below.

This guarantee is not an insurance contract and is not intended to replace insurance contracts that Members must take out personally.

This guarantee is offered to demonstrate the seriousness of connections made by &Swapp and the quality of its service. If compensation is paid, &Swapp is subrogated to the indemnified Member's rights to recover the amount paid from the responsible party(ies).

No compensation paid by &Swapp constitutes exemption, reduction, or elimination of a Member's liability for damage they caused or are responsible for.

Independently of this guarantee, each Member remains required to take reasonable measures to secure their Home and belongings during a Swap (for example, placing valuables in a locked space inaccessible to the staying Member).

TOTAL COMPENSATION BY &SWAPP UNDER THIS GUARANTEE MAY IN NO CASE EXCEED THE MAXIMUM SUM.

A.2. Specific definitions

"Property": the Home and/or Contents.

"Contents": household items, art objects, antiques, collectibles, jewelry, precious stones, watches, furs, clothing, and other personal domestic-use belongings belonging to the Member (jewelry, precious stones, watches, and furs only if kept in a locked space inaccessible to the staying Member). Excluded: cash, bills, checks, bank cards, mandates, stamps, gift checks, vouchers, travel tickets, food, beverages, animals, plants, trees, hedges, vehicles of any kind, boats, and buildings.

"Covered Damage": any damage to the Home (structure, installations, equipment) or Contents caused by the actions or inactions, accidental or intentional, of a staying Member or their companions during a Swap.

The "Guarantee Fund" (or "Maximum Sum") designates the global envelope &Swapp dedicates, at Platform scale, to all compensations paid under this guarantee. This Fund is currently set at ten thousand euros (€10,000) in total, for all Members and Swaps (not per Member or per Swap). Compensations are paid within the limits of funds available in the Fund, in order of claim processing; once depleted, new claims are handled upon replenishment. &Swapp may replenish or change the Fund amount at any time; the applicable amount is that in force on the compensation request date.

A.3. Activation conditions

The guarantee may only be activated if the concerned Member sends &Swapp, within 10 days after the other Member's departure and at the latest before a new Member's arrival, a signed statement describing the damage, its nature, cause, and estimated amount, accompanied by:

• photographs of the damage;
• original invoices or documents proving the value of the property;
• proof of ownership or legal responsibility of the Member;
• repair or replacement quotes;
• where applicable, copy of the police report (in case of theft or offense);
• sworn statement attesting to the reality and origin of the damage.

If supporting documents are incomplete within ten days, the Member may request an extension from &Swapp, not exceeding thirty (30) days in total. Any statement or document submitted after the deadline will be rejected.

The Member agrees to inform &Swapp of any compensation received through another channel (insurer, responsible party, etc.).

A.4. Compensation

A.4.1. Damage to the Home

&Swapp will cover, at its discretion, the cost of restoring the Home to a condition equivalent to that observed before the Swap (neither better nor more extensive), including reasonable and necessary debris removal, demolition, consolidation costs, and professional fees, within the Maximum Sum.

Compensation does not cover alternative accommodation for the Traveler Member or any occupant, nor loss of use of the Home.

A.4.2. Damage to Contents

&Swapp will cover, at its discretion, the cost of repairing or replacing damaged or lost Contents, after applying depreciation reflecting the item's prior condition and age. Replacement Value corresponds to the item's original value, reduced by any depreciation related to its prior condition and age, within the Maximum Sum.

A.5. Deductible

A deductible equal to the Deposit amount (five hundred euros, €500) applies to any compensation: this first tier is charged primarily from the responsible Member's Deposit. &Swapp's guarantee applies beyond this deductible, within the limits of funds available in the Guarantee Fund. If damages exceed the compensable amount under the guarantee, the responsible Member remains liable for the balance to the injured Member.

A.6. Fraudulent claims

If a claim is suspected to be fraudulent, &Swapp will conduct a thorough investigation before any compensation. If fraud is established, the Member will be held responsible for all costs incurred. Their Account may be suspended or terminated, and &Swapp may report the facts to the competent authorities. Any Member suspecting a fraudulent claim must inform &Swapp without delay.

A.7. Subrogation

If compensation is paid, &Swapp is subrogated to the indemnified Member's rights to recover the amount paid from the responsible Member, any other author of the damage, or any financially liable person. The indemnified Member agrees to cooperate with &Swapp to pursue necessary actions.

A.8. Exclusions

&Swapp will provide no compensation for:

(a) damage occurring before the start or after the end of the Swap;

(b) damage resulting from ionizing radiation, radioactive contamination from nuclear fuel or waste, or dangerous properties of any nuclear assembly;

(c) damage caused directly or indirectly by war, invasion, revolution, or hostilities;

(d) damage resulting from pressure waves from aircraft;

(e) damage caused by or resulting from acts of terrorism, defined as use or threat of force or biological, chemical, or nuclear contamination for political, religious, ideological, or similar purposes;

(f) damage resulting from normal wear, biological viruses, corrosion, rust, humidity, insects, vermin, fungi, condensation, discoloration, frost, progressive processes, cleaning, dyeing, repair, modification or restoration, or natural disasters;

(g) damage resulting from design, manufacturing, or material defects;

(h) damage related to use of the Home for unlawful activities;

(i) damage resulting from pollution or contamination;

(j) damage caused by rot;

(k) death, illness, or bodily injury of a Member or occupant (unless directly resulting from &Swapp's fault);

(l) damage to adjacent properties or third-party property;

(m) damage to computer equipment from data recognition defects or computer viruses;

(n) legal costs arising from points (m) above (except bodily injury claims);

(o) intangible damage, loss of business, moral harm, disturbance of enjoyment;

(p) damage to common areas of the building;

(q) damage resulting from absence or insufficiency of Member insurance.

&Swapp will make no payment to the extent it would violate economic, financial, or commercial sanctions imposed by France or the European Union.

A.9. Geographic scope

This guarantee applies to any Home published on the Platform, except Homes located in a country formally advised against for travelers by the French Ministry for Europe and Foreign Affairs (red "Formal advisory against" zone).

A.10. Technical clarifications

For purposes of points (m) and (n) above: "equipment" includes any device with an electronic component; "computer viruses" means any program disrupting operation of an operating system, software, or program.

Last updated: June 1, 2026

&Swapp is a community of young professionals who share their apartments to travel differently. We believe in a simple model: you host at home, you travel at others' homes. It only works if every Member plays fair with respect, honesty, and goodwill.

This Code sets the rules. It is legally binding — by joining &Swapp, you accept them. We do not compromise on trust.

B.1. The golden rule

Treat your host's Home the way you would want yours treated. If you are unsure what is acceptable, ask. Transparency resolves 90% of problems before they exist.

B.2. Respect and inclusion

The &Swapp community brings together varied profiles, cultures, and lifestyles. Every Member agrees to welcome without distinction based on origin, color, religion, nationality, language, sexual orientation, gender identity, family status, age, or disability.

Use of the Platform for political, religious, or ideological promotion is not tolerated.

B.3. Before the Swap

B.3.1. Accurate Listing

Describe your Home accurately and currently: condition, location, amenities, availability, house rules. Report any changes (work, pet, accessibility). Normal wear and pre-existing damage are not the Traveler's responsibility.

B.3.2. Clear communication

Respond to requests within a reasonable time. Confirm before the Swap: dates, arrival and departure times, number of guests, any cleaning fees, specific instructions. Always use a courteous, direct tone.

B.3.3. No unjustified backing out

Do not cancel a Swap without serious reason (illness, death, disaster, force majeure — proof required). Reciprocal Swaps are binding: if you benefited from a stay, you are required to host in return unless otherwise agreed. If cancellation is unavoidable, notify the other Member as early as possible.

B.3.4. No off-platform transactions

Every Swap goes through &Swapp. Do not redirect Members to other platforms, bypass Service Fees, or propose financial arrangements outside what is allowed (only reasonable cleaning fees agreed in advance are permitted).

B.3.5. Data protection

Do not request sensitive information except as needed for the Swap (key handover, local compliance). Treat other Members' contact details as confidential.

B.4. During the Swap

B.4.1. Respect the agreed framework

Stick to dates, declared guest count, house rules, and arrival/departure times. Return keys, badges, and equipment as agreed.

B.4.2. Care for the Home

Occupy the space with the same care as at home. Do not damage furniture, modify anything without agreement, or move personal items. Use equipment according to provided instructions.

If accidental damage occurs: report it immediately and honestly, with photos and description. Do not minimize or hide anything. &Swapp will support resolution as long as you act in good faith.

B.4.3. Digital life and home automation

Do not use the Host's connected accounts (Netflix, Spotify, etc.) without prior agreement. Do not download unlawful content on Home equipment. Do not disable home automation systems (alarms, thermostats, locks) without express agreement.

B.4.4. Neighborhood and local life

Respect neighbors: no excessive noise, no obstructive parking, respect common areas and co-ownership rules. If you meet neighbors, be courteous.

B.4.5. Who is staying

The Account holder (or a declared co-resident) must be present. Inform the Host of all occupants' identity. No sub-swap to friends or family — each household must have its own Account.

B.4.6. Cameras and surveillance

Hosts must disclose any surveillance device in advance. Cameras in private spaces and living areas must be removed or disabled before the Traveler arrives. Only exterior security systems operated by third-party providers are allowed, provided they do not film occupied areas.

B.5. After the Swap

B.5.1. Return

Return keys, badges, remotes, and equipment according to departure instructions. Leave the Home clean and tidy — even if cleaning is scheduled, leave the place in reasonable condition. Take out your trash.

B.5.2. Reviews

Leave a constructive, honest review. No fake comments, retaliation ratings, extortion, or solicitation of fake reviews.

B.5.3. Post-Swap privacy

Never share a Member's contact details, address, or home photos without their explicit consent. Even innocuous images can reveal sensitive information.

B.6. Violations and consequences

B.6.1. Sanctionable behavior

Sanctionable behavior includes in particular: repeated or serious violation of the Terms or this Code; unjustified cancellations; failure to honor a reciprocal commitment; threatening, aggressive, or discriminatory behavior; off-platform transactions; refusal to leave the Home; fraud (false identity, false Listing, multiple accounts); theft or misappropriation of items; unauthorized sharing of personal content.

B.6.2. Applicable measures

Depending on severity: warning, content removal, temporary Listing suspension, Account suspension or closure, cancellation of upcoming Swaps, reporting to competent authorities.

B.6.3. Procedure

Each situation is reviewed individually. The concerned Member is notified and may be invited to provide information. Major violations (theft, fraud, endangerment, harassment) may result in immediate and permanent exclusion.

Last updated: June 1, 2026

C.1. Who is responsible for your data?

&Swapp SAS, which publishes the &Swapp platform, is the controller of your personal data within the meaning of the General Data Protection Regulation (GDPR).

For any question about your data, you may write to us at: <strong></strong>. privacy@andswapp.com

C.2. What data do we collect?

We collect data you provide directly when using the Platform:

• Identity: last name, first name, date of birth.
• Contact details: email address, phone number, postal address.
• Identity document: submitted during registration and used exclusively for automated verification. The document is deleted after verification by our provider.
• Financial data: bank card information, processed by our payment provider (Stripe). &Swapp does not store your full banking details.
• Content: photos of your Home, Listing description, reviews, messages.
• Technical data: IP address, browser type, connection data, activity logs.

C.3. Why do we process your data?

C.4. How long do we retain your data?

• Identification and contact data: for the life of your Account, then 5 years (statute of limitations).
• Financial data: for the transaction period, then 5 to 10 years (accounting and tax obligations).
• Identity document: deleted after verification by the provider.
• Connection data: 1 year.
• User Content: for the life of your Account, then 5 years.
• In case of dispute: all data is retained for the duration of the dispute.

C.5. Who has access to your data?

Your data is processed by our internal teams and technical providers exclusively for operating the service.

We never sell your data to third parties or commercial partners.

Third parties that may access your data include:

• Payment provider (Stripe): transaction and pre-authorization processing.
• Identity verification provider: automated control of identity documents.
• Platform host: data storage on servers located in Switzerland, a country recognized by the European Commission as providing an adequate level of protection.
• Email provider: technical and commercial communications.
• Other Members: in a Swap, your contact details (email, phone) are shared with the concerned Member.
• Competent authorities: in response to a legal obligation, court decision, or administrative authority request.

We select our providers carefully and verify GDPR compliance.

C.6. Transfers outside the EU and US residents

Your data is hosted on servers located in Switzerland, a country recognized by the European Commission as providing an adequate level of personal data protection. If a technical provider involves a transfer to another country outside the European Union, we ensure appropriate safeguards (European Commission standard contractual clauses, adequacy decisions).

When a Swap connects a Member located in the United States, certain data (your contact details) may be transferred there to enable connection; these transfers are governed by standard contractual clauses and, where applicable, the EU–US Data Privacy Framework.

<strong>California residents (CCPA / CPRA):</strong> you have the rights to know, access and portability, deletion, rectification, to opt out of "sale" or "sharing" of your data (which <strong>&Swapp does not do</strong>), to limit use of sensitive data, and non-discrimination for exercising these rights. Exercise at . privacy@andswapp.com

C.7. How do we protect your data?

We implement technical measures (HTTPS encryption, encryption at rest, complex passwords, strong DSP2 authentication, access traceability) and organizational measures (incident management procedure, team training, access control) to ensure data security.

C.8. What are your rights?

Under the GDPR, you have the following rights, exercisable free of charge at any time at : privacy@andswapp.com

• Access: obtain a copy of your personal data.
• Rectification: correct inaccurate or incomplete data.
• Erasure: request deletion of your data, subject to our legal retention obligations.
• Restriction: request restriction of processing in certain circumstances.
• Portability: receive your data in a structured, machine-readable format.
• Objection: object to processing of your data on legitimate grounds.
• Post-mortem instructions: define instructions on the fate of your data in case of death.

We may request proof of identity if in doubt. We respond within one month, extendable to three months for complex requests.

C.9. Member obligations regarding other Members' data

Each Member agrees to process other Members' personal data in compliance with the GDPR. Contact details shared for a Swap may only be used to organize that Swap. Any commercial, advertising, or prospecting use is prohibited.

C.10. Cookies

We use cookies when you browse the Platform. To learn more, see our . cookie policy

C.11. CNIL contact

You may at any time contact the French Data Protection Authority (CNIL): 3 place de Fontenoy, TSA 80751, 75334 Paris Cedex 07 — tel.: +33 1 53 73 22 22.

C.12. Changes to this policy

This Policy may be updated to reflect regulatory changes or our practices. Any change will be brought to your attention by email or Platform notification.