CONSUMER TERMS OF SERVICE (B2C)

1. SCOPE AND NATURE OF THE SERVICE

1.1. Independent Informational Platform: SWOOPP is a mobile application and web platform that operates as a search engine, aggregator, and informative and geographical comparison tool for: (a) physical foreign currency exchange rates applied at counter locations by licensed third-party bureaux de change; and (b) automated teller machines (ATMs) operated by commercial banks or independent deployers for cash withdrawals.

1.2. No Provision of Financial Transactions: SWOOPP is strictly an informational and directory platform. SWOOPP is not a bank, not a credit institution, not an authorized bureau de change, not a payment institution or electronic money institution, nor a financial broker. SWOOPP does not execute, intermediate, clear, process, guarantee, receive, or hold any funds related to currency exchange transactions or cash withdrawals. Any physical currency exchange or cash withdrawal transaction is concluded solely and directly between the User and the independent third-party provider at the counter or ATM terminal, under terms agreed exclusively between them.

1.3. Corporate Succession: The Service is currently managed and provided by Emanuele Cresta as an empresario individual (sole proprietor). If, for organizational, investment, or corporate expansion requirements, the business activity is subsequently transferred, assigned, or contributed to a Spanish limited liability company (Sociedad de Responsabilidad Limitada – S.L.) owned by the same proprietor, such company may assume contractual relationships solely upon the formal completion of the necessary legal instruments and in accordance with applicable law. Users will be informed of any change in the contracting entity via an update to these Terms and, where required by applicable law, via direct communication on a durable medium.

2. ACCEPTANCE OF TERMS AND LEGAL CAPACITY

2.1. Access to or use of the Application is governed by these Terms of Service. When required by applicable law, the User expressly accepts these Terms through the dedicated acceptance procedure provided by SWOOPP. If the User does not accept these Terms, they may not access or use features subject to contractual acceptance.

2.2. Use of the Service is reserved exclusively for natural persons who have reached eighteen (18) years of age or who possess full legal capacity under applicable law to enter into binding agreements.

2.3. Use of SWOOPP for rate consultation and ATM localization is provided free of charge to consumer users. Any optional premium features or value-added services introduced in the future will be subject to specific supplementary terms submitted for prior express acceptance.

3. DATA ACCURACY, SOURCES, AND RELIANCE LIMITATION

3.1. Data Sources: Exchange rates, fees, counter opening hours, and currency banknote availability displayed in the Application derive from: (a) direct inputs submitted by accredited partner merchants; (b) public data feeds and operator listings; or (c) statistical contributions submitted by the user community.

3.2. Volatility and Potential Discrepancies: Retail foreign exchange markets fluctuate continuously. While SWOOPP employs reasonable measures to keep platform data up to date, differences may occur between the indicative rate displayed on the Application and the actual rate applied at the physical counter. The legally binding rate is solely the rate disclosed by the physical operator at the counter prior to completing the transaction.

3.3. Pre-Transaction Verification Recommendation: The User must independently verify with the teller or on the ATM screen the effective exchange rate, applicable fixed fees, and total gross/net amount before executing any physical exchange or cash withdrawal. SWOOPP is not liable for damages, costs, or losses resulting from transactions materially executed between the User and the Merchant or another third-party operator, except where such damages are directly attributable to a contractual breach, willful misconduct (dolo), or gross negligence of SWOOPP within the limits established by applicable law. In any case, any statutory liability of SWOOPP that cannot be lawfully excluded or limited under mandatory consumer protection laws remains fully unaffected.

3.4. Notice & Action Reporting Mechanism: Users may report illegal activities, unfair business practices, or manifestly deceptive information at any time via the in-app 'Report' feature or by writing to: abuse@swooppapp.com.

4. GEOLOCATION FUNCTIONALITY (GPS)

4.1. The Application enables users to locate nearby foreign exchange offices and ATMs based on the geographic location of the mobile device via GPS.

4.2. Access to device location is subject to express authorization granted by the User via native operating system dialogs (iOS or Android). The User may revoke this permission at any time.

4.3. If geolocation is disabled, the User may still access the Service by manually typing an address, city, or postal code.

4.4. GPS coordinates transmitted by the User are processed solely in volatile memory (RAM) to return nearby points of interest and are not stored in persistent server databases in association with personal user profiles, in full compliance with our Privacy Policy.

5. USER ACCOUNTS, SECURITY, AND TERMINATION

5.1. Standard consultation of the Platform is available in guest mode without mandatory account registration.

5.2. Where the User registers an account to access supplementary features (e.g., saved favorites, rate alerts), the User is responsible for maintaining the confidentiality of their credentials.

5.3. If the User has registered a personal account, they may request its definitive closure via available in-app settings or by emailing support@swooppapp.com. Account data is deleted within 30 days of closure, except for data required to be retained under statutory legal obligations, fraud prevention, dispute resolution, or the defense of legal claims, which will be segregated and retained strictly for the prescribed legal period.

5.4. SWOOPP reserves the right to suspend or terminate account access in cases of material or repeated violation of these Terms or the Acceptable Use Policy (AUP), with a statement of reasons provided to the User where required by the Digital Services Act (DSA) or applicable law.

6. INTELLECTUAL PROPERTY AND PERMITTED USE

6.1. The trademark 'SWOOPP', the Application software, source code, user interface (UI), compilative databases, icons, and platform architecture are the exclusive intellectual and industrial property of Emanuele Cresta (or future corporate successor) and are protected under Spanish, EU, and international intellectual property laws. Scraping, automated extraction, reverse engineering, decompilation, and disassembly are strictly prohibited, except where expressly permitted by non-derogable statutory law (e.g., software interoperability).

6.2. The User is granted a personal, limited, non-exclusive, non-transferable, revocable license to use the Application for personal, non-commercial purposes. Third-party trademarks and logos (such as banking networks or money transfer operators) are displayed solely for nominative and descriptive identification of retail locations (nominative fair use).

7. LIMITATION OF THE PROVIDER'S LIABILITY

7.1. SWOOPP provides the Service with the professional diligence reasonably expected in relation to the nature of an informative and comparative digital platform.

7.2. Except in cases of willful misconduct (dolo) or gross negligence (culpa grave) and statutory non-derogable rights under applicable consumer protection legislation (including Spain's Real Decreto Legislativo 1/2007 – TRLGDCU and applicable EU directives), SWOOPP shall not be held liable for:
(a) Conduct, contractual breaches, undisclosed fees, or unilateral rate shifts applied by third-party exchange counters or ATM operators;
(b) Disbursement of counterfeit, damaged, or expired banknotes by third-party points of sale;
(c) Technical malfunctions, cash stockouts, or card retention by ATMs;
(d) Temporary service disruptions due to scheduled maintenance, internet outages, or force majeure;
(e) Autonomous financial or commercial decisions made by the User based on indicative comparison data.

8. AMENDMENTS TO TERMS

8.1. SWOOPP reserves the right to amend these Terms for legitimate reasons of technical updates, regulatory adaptation, or new functionality introduction.

8.2. In the event of material modifications affecting user rights, users will be informed with reasonable advance notice, on a durable medium where required by applicable law.

8.3. Continued use of the Application following the effective date of updated Terms constitutes acceptance. If the User does not agree, they may terminate their use and delete their account without penalty prior to the effective date.

9. APPLICABLE LAW, DISPUTE RESOLUTION, AND JURISDICTION

9.1. These Terms and the contractual relationship with consumers are governed by Spanish law.

9.2. Consumer Protection Safeguard: The choice of Spanish law does not deprive consumer users residing in another EU Member State of the mandatory protections provided by the laws of their habitual country of residence, pursuant to Article 6 of Regulation (EC) No 593/2008 (Rome I).

9.3. Alternative Dispute Resolution (ADR): Consumer users may submit complaints to accredited Alternative Dispute Resolution (ADR) entities pursuant to applicable European and Spanish legislation. SWOOPP will provide required information on competent ADR bodies and procedures.

9.4. Mandatory Consumer Jurisdiction: For any dispute concerning the validity, interpretation, or execution of these Terms involving an EU consumer, jurisdiction lies non-derogably with the courts of the consumer's domicile or habitual residence, pursuant to Regulation (EU) No 1215/2012 (Brussels I bis).