Terms and Conditions

Scope and contracting party

The provider and contracting party is Daniel Studera, Schröttergasse 41/4/5, 1100 Vienna, Austria, daniel.studera@swiva.app. These terms apply to all users of swiva.app and the Swiva app. Deviating terms only apply if Swiva has expressly agreed to them in writing.

Description of services

Swiva is a service for collecting, organising and browsing ideas for activities, places and experiences. Core features include creating and managing activities and lists, sharing individual items with other accounts, swipe-based selection from your own or shared lists, an Explore view of public lists and an AI-assisted Smart Import from links, texts and screenshots.

The specific feature set is determined by the current version of the app and may change, especially during ongoing development. Swiva does not owe any functionality beyond the version actually delivered.

Conclusion of contract, registration and account

Use of the app requires a personal account. You can create the account using email and password or via Sign in with Apple or Sign in with Google. A non-paid usage contract with Swiva comes into effect upon completion of the registration.

You warrant that your information is accurate and that you protect your account from unauthorised access. Creating multiple accounts to circumvent moderation measures is not permitted.

Minimum age

Use of Swiva is only permitted upon completion of the age of 16 (Art. 8 GDPR). By registering, you confirm that you have reached the minimum age.

Rights of use and obligations

Swiva grants you a non-exclusive, non-transferable right to use the app and the website as intended for the duration of the contract. You undertake to comply with applicable law and these terms and not to misuse the platform by way of bulk requests, automated scraping, reverse engineering of protective mechanisms or by placing undue load on the infrastructure.

User content and grant of rights

You retain all rights to content you submit to Swiva (e.g. activity titles, descriptions, lists, notes, avatars). You grant Swiva only those usage rights necessary to provide the service – in particular, the right to store, duplicate, technically transform (e.g. image sizes, previews), deliver to your devices and to accounts you share with, and, where you make lists public, display them within the scope of that visibility.

These rights end with the deletion of the respective content or of your account, save for unavoidable technical backup cycles.

Imported links and third-party content

If you import links or content from third-party services into Swiva, you are responsible for ensuring that you have the necessary rights. Swiva does not check the lawfulness of linked content and accepts no warranty for it. Upon notice of apparently infringing content, Swiva will remove it within the scope of applicable law.

Map and place data

For shared map links, Swiva displays titles and preview information based on publicly accessible sources. Swiva is not affiliated with Google, does not currently use paid place data and does not warrant the accuracy, opening hours or existence of the displayed locations.

AI-generated content

Smart Import suggestions are generated by generative AI and may be inaccurate, incomplete or outdated. You are required to review AI suggestions before saving them and to correct them where necessary. Swiva does not warrant the substantive accuracy of AI results.

Sharing, Explore and public content

When you share lists publicly or with individual accounts, the contents as well as public profile details such as your username, display name, profile picture, pronouns and profile interest become visible to the authorised recipients. Public lists may appear in the Explore view and be saved, liked or re-shared. Make sure not to include third-party personal data or confidential information in public content.

In addition, your profile can be reached via a public profile link (swiva.app/u/<username>). Anyone with this link – including people without a Swiva account – can see your public profile details (username, display name, profile picture, pronouns, short bio, profile interest) and the number of your publicly visible lists and activities. Profile links may also be shared by other users; parts of these details may become visible in link previews of messaging services. Therefore, only include details in your profile that may be publicly visible. Details on the data processing are set out in the privacy policy.

Prohibited content and conduct

You undertake not to upload or share content that is criminal, harmful to minors, glorifies violence, is hateful, sexually abusive or discriminatory, infringes third-party rights, constitutes spam, targets the harassment of other users or jeopardises the security of the platform. Manipulating reputation, save or like metrics, as well as deliberately circumventing moderation measures, is also prohibited.

Reports and complaints

You can report unlawful content or content that violates these terms via the reporting features provided in the app or by email to daniel.studera@swiva.app. Please describe the affected content, the reason for the report and, where possible, include a link or screenshot so that the report can be reviewed.

If Swiva removes or restricts content, or suspends an account, based on a report or its own review, you can submit a complaint against that decision by email to daniel.studera@swiva.app. Swiva reviews complaints in a timely manner, taking into account applicable law, the rights of the affected persons and the security of the platform.

Moderation, suspension and deletion

Swiva may manually review reported or otherwise suspicious content and use technical safeguards against abuse. Depending on severity and recurrence, violations of these terms may lead to a warning, the removal of individual content, the restriction of features or the suspension and deletion of the account. Where legally permissible and appropriate, you will be informed about material moderation measures and may object to the measure by email to daniel.studera@swiva.app.

App stores and platform terms

The Swiva app is distributed via the Apple App Store and Google Play. The respective platform terms apply in addition (in particular the Apple Media Services Terms and the Google Play Terms of Service). In case of conflicts between these terms and the platform terms, the platform terms apply in the relationship between you and the respective platform operator.

Third-party providers

Swiva uses third-party services for certain features, in particular Cloudflare (hosting / CDN / analytics), Apple and Google (OAuth and push), Expo (push), Microsoft (email delivery), Google Gemini and Apple Intelligence (AI), PostHog (analytics) and Railway, MongoDB and an object storage service (backend). Details and legal bases are described in the privacy policy.

Data protection

Which personal data Swiva processes and on what legal basis is set out in the privacy policy at swiva.app/datenschutz.

Availability and changes to the service

Swiva strives for high availability but does not owe any particular level of availability. Especially during ongoing development, maintenance, feature changes and temporary restrictions are possible. Swiva may further develop, restrict or discontinue features, provided this is reasonable for you and the essential purpose of the contract is preserved.

Pricing

Use of Swiva in its current feature scope is free of charge. Should paid features be introduced in the future, prices, scope and payment terms will be displayed transparently before any paid contract is concluded.

Warranty

Swiva is provided in the version currently available. For services provided free of charge, Swiva is liable in accordance with §§ 945 et seq. of the Austrian Civil Code (ABGB); otherwise, the statutory provisions apply.

Liability

Swiva is liable without limitation for damages arising from injury to life, body or health and for intent and gross negligence. For damages caused by slight negligence, Swiva is liable only for the breach of essential contractual obligations (cardinal obligations) and only to the extent of the typical, foreseeable damage. Any further liability is excluded to the extent permitted by law.

Mandatory liability rules, in particular under the Austrian Product Liability Act, the Austrian Consumer Protection Act (KSchG) and the German Product Liability Act, remain unaffected.

Termination and account deletion

You can delete your account at any time without giving reasons via the app settings. After deletion is initiated, a grace period of seven days applies during which you can reverse the deletion by signing in again. After that, personal data is deleted in accordance with the privacy policy; your own lists and activities are removed. Shared content that other users have already added to their own lists remains there.

Swiva may terminate the contract for good cause, in particular in the case of serious or repeated violations of these terms.

Right of withdrawal

As Swiva is currently used free of charge and you can delete your account at any time, exercising a right of withdrawal has no practical disadvantages for you. Should paid features be offered in the future, you will be specifically informed of your right of withdrawal under FAGG (AT) or § 312g BGB (DE) before booking.

Dispute resolution

Swiva is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body. The former Online Dispute Resolution platform of the European Commission was discontinued on 20 July 2025.

Applicable law and place of jurisdiction

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules of private international law. Mandatory consumer protection provisions of your country of residence (in particular DE and CH) remain unaffected.

For consumer disputes, the statutory place of jurisdiction applies. For disputes with entrepreneurs, Vienna is agreed as the place of jurisdiction.

Severability and changes to the terms

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected. Swiva may amend these terms where this is necessary for legal or functional reasons; material changes are announced at least 30 days in advance by email or in-app notice and are deemed accepted if you continue to use the service after they take effect or if you do not object within the notice period. You will be specifically informed about the right to object and its consequences in the notice.

Last updated: 2 July 2026.