TERMS OF USE

1 — Object

SwapMyFlat (hereinafter "the Platform") is a digital platform connecting individuals based on a matching algorithm. It exclusively provides a technical tool for identifying matches between housing offers and searches. The Platform is not a real estate agency, a notary, or a legal, tax, or real estate advisor, and is not a party to any Transaction concluded between Users.

2 — Definitions

Platform: the site and its features.
User: any adult person with an account.
Account: personal space allowing use of the service.
Property: housing proposed for exchange.
Search: criteria of the desired housing.
Match: correspondence detected by the algorithm.
Content: information posted by the user.
Transaction: any agreement, lease, sale contract, or exchange concluded between two Users, independently of the Platform.

3 — Acceptance

Creating an account implies full and complete acceptance of these terms.

4 — Access

The service is reserved for legally capable persons. The user guarantees the accuracy of the information provided and the confidentiality of their credentials.

5 — Operation

Matching relies exclusively on data declared by users. No result, match relevance, or exchange feasibility is guaranteed. Listings rely on textual descriptions and characteristics declared by the user themselves, without prior review by the Platform.

6 — Absence of Verification

The Platform does not verify the identity of Users, the ownership or legal status of the Properties offered, or the accuracy, completeness, or sincerity of the Content posted. The User acknowledges that it is their responsibility to carry out their own checks — identity of their counterpart, property title, property compliance, solvency — before any commitment, visit, signature, or payment. The Platform provides Users with a fraud-prevention guide for this purpose.

7 — Relations Between Users

The Platform does not intervene at any stage in negotiations, visits, contracts, payments, or legal verifications between Users. Any Transaction is the exclusive responsibility of the Users who are party to it. The Platform is neither an agent, an intermediary, nor a guarantor of any Transaction, and provides no legal, tax, or real estate advice. The Platform holds no real estate brokerage or agency license in any jurisdiction. It is the User's responsibility to verify and comply with any local regulations applicable to a real estate Transaction, including any broker-licensing requirements or foreign-ownership restrictions in effect in the jurisdiction where the Property is located.

8 — User Obligations

The user undertakes to provide sincere information, keep their data up to date, adopt respectful behavior, carry out the usual checks before any commitment, and comply with the laws applicable to the Transaction they are considering (lease, real estate sale, taxation, etc.).
Prohibited are: fraud, abusive multi-accounts, misleading listings, misuse of the service, identity theft, abusive behavior, and any use of the Platform for the purpose of scouting or preparing an offence.

9 — Reporting and Moderation

The Platform acts as a content host, without prior editorial control over the listings and messages posted by Users. Users can report abusive behavior or a technical problem via the integrated tools. The Platform does not practice systematic moderation but may intervene after a report. Abuse of the reporting function may lead to sanctions.

10 — Sanctions

The editor may suspend or delete an account in case of serious violation of these terms.

11 — Pricing

Certain services are paid. By confirming payment, the user expressly consents to the immediate execution of the digital service. Any right of withdrawal recognized by the consumer protection law of the user's country of residence shall apply, where applicable, in accordance with that law. No refund is due except for a proven technical error preventing access to the service.

12 — Third-Party Payments

Transactions are processed by external providers. The platform declines all responsibility in case of incidents related to these services.

13 — Liability

To the extent permitted by applicable law, the Platform cannot be held liable for:
- indirect damages, data loss, or service interruptions;
- disputes, damages, or losses resulting from a Transaction concluded between Users, including in case of fraud, deception, or non-performance attributable to a User;
- the accuracy of Content posted by Users.

This limitation does not apply in case of willful misconduct or gross negligence by the Platform. In all cases, and to the extent permitted by law, the Platform's direct liability toward a User is capped at the total amount paid by that User over the twelve (12) months preceding the event giving rise to liability.

14 — Force Majeure

The editor's liability is excluded in case of an event beyond their control.

15 — Termination

The user can delete their account at any time. The editor may terminate in case of breach.

16 — Modification

The terms may evolve for legal or technical reasons. Continued use constitutes acceptance.

17 — Applicable Law

These terms are governed by Swiss law. The courts of the Canton of Neuchâtel have jurisdiction, without prejudice to any mandatory consumer protection provisions applicable under the law of the User's country of residence. In case of discrepancy between language versions, the French version shall prevail.

The Platform offers its content in the world's most widely spoken languages, including outside their country of origin, for the sake of international accessibility. This choice does not constitute targeting of the market of any particular country.

Users agree to bring any claims solely in an individual capacity, and not as part of any class, consolidated, or representative action.

18 — General Provisions

Should any clause of these terms be held invalid or unenforceable, the remaining clauses shall remain in full force and effect. The Platform's failure to enforce any clause shall not constitute a waiver of its right to do so later. These terms constitute the entire agreement between the User and the Platform regarding the use of the service, subject to the Privacy Policy applicable to the processing of personal data.

Last update: July 17, 2026