This document sets out the terms and conditions governing your participation in the swapto Test Program ("Test"), operated by SWAPTO GmbH. By accepting these terms, clicking "I Agree", or beginning to use the swapto test service, you confirm that you understand and accept all terms outlined below.

The Test is a limited, non-commercial evaluation phase of the swapto phone translation service. Your participation helps us improve the quality of our translation technology and overall service before general release. These Terms apply specifically to your use of swapto during this test phase and supersede the standard swapto Terms and Conditions during the Test period.

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1. Test Overview

1.1 Nature of the Test

You are invited to participate as a tester for swapto phone translation service, including beta languages. You understand and acknowledge that:

• Translation quality may be lower than in the final commercial version

• The Service may be interrupted, modified, or discontinued at any time

• Your participation is voluntary and can be terminated by SWAPTO GmbH or yourself at any time

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1.2 Duration of Test

Your participation in the Test is valid for a specified period, identified by a unique test token provided to you by SWAPTO GmbH. Upon expiration of your token, your access to the test service will terminate automatically. You may request extension of your testing period, but SWAPTO GmbH has no obligation to grant such requests.

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2. Data Collection During the Test Phase

2.1 Personal Data Collected

During the Test Phase, SWAPTO GmbH will collect and process the following personal data from you:

• Email address

• Phone number

• Technical metrics related to your usage (such as call duration, language pairs, connection quality, and error rates)

• Service activity logs (including timestamps, call start time, call end time, and service status events)

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2.2 Collection and Use of Feedback and Survey Data

After each call or test session, you will be invited to complete a brief survey or provide feedback about your experience. This feedback serves to help SWAPTO GmbH understand:

• Your perception of translation accuracy and quality

• Your overall satisfaction with the Service

• Issues, bugs, or problems you encountered

• Suggestions for improvement

SWAPTO GmbH has the right to collect, retain, analyze, and use all feedback and survey responses you provide. This data may be used for:

• Quality improvement of the translation service

• Product development and feature prioritization

• Internal analytics and reporting

• Aggregated, anonymized reporting to stakeholders and investors

Feedback you provide may be quoted (attributed or anonymously) in case studies, marketing materials, or internal documentation. By submitting feedback, you consent to such use.

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3. Data Retention and Anonymization

3.1 Retention Period

SWAPTO GmbH will retain your personal data (email address and phone number) for up to 90 days following the expiration of your test token.

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3.2 Anonymization After Token Expiration

Within 90 days after your test token expires, SWAPTO GmbH will anonymize all personal data associated with your account. This process includes:
   •    Removal or encryption of your email address and phone number
   •    Removal of any direct identifiers linking conversation samples to you
   •    Retention of anonymized conversation samples for training and quality improvement purposes
Once anonymized, your personal data cannot be linked back to you. Anonymized conversation samples will be retained for up to one year following your token expiration and will then be permanently deleted.

 

3.3 Feedback Data

Survey responses and feedback you provide are treated separately from personal data. Even after anonymization of your personal data, feedback responses may be retained and used in accordance with Section 2.2 above. If your feedback is quoted or used publicly, it will be dissociated from your identity unless you explicitly consent to attribution.

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3.4 Right to Deletion

You have the right to request deletion of your personal data at any time by contacting SWAPTO GmbH Customer Relations (see Section 16). Upon such request, SWAPTO GmbH will delete your email address and phone number immediately. Anonymized conversation samples that cannot identify you will be subject to the one-year deletion timeline described above.

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4. Legal Basis for Data Processing

Under GDPR, SWAPTO GmbH processes your personal data based on:

• Your explicit consent to participate in the Test and have your data collected and used as described

• The legitimate interest of SWAPTO GmbH to improve its service, and develop better products

Processing of conversation samples is based on your explicit consent and on the legitimate interest of SWAPTO GmbH to improve translation quality. You can withdraw consent at any time by terminating your participation in the Test.

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5. Data Sharing

5.1 Internal Use

Your data (including conversation samples and feedback) will be shared internally within SWAPTO GmbH for the purposes described in these Terms.

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5.2 Third-Party Service Providers

SWAPTO GmbH may share conversation samples and aggregated data with third-party service providers and contractors who assist with:

• Quality assurance and translation review

• Data analysis and reporting

Any such third parties are bound by confidentiality obligations and may only use the data for the specified purposes.

 

5.3 No Sale of Personal Data

SWAPTO GmbH will not sell your personal data (email address or phone number) to third parties. However, anonymized conversation samples and aggregated feedback may be used for product development and may be shared with collaborators for research and improvement purposes.

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5.4 Legal Disclosure

SWAPTO GmbH may disclose your data if required by law, legal process, or governmental or regulatory request, provided we have a reasonable opportunity to notify you of such disclosure.

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6. Data Security

SWAPTO GmbH implements industry-standard technical and organizational measures to protect your personal data and conversation samples against unauthorized access, loss, destruction, or misuse. These measures include:

• Encryption of data in transit using TLS 1.2 or higher

• Encryption of sensitive data at rest using industry-standard encryption standards

• Access controls and authentication mechanisms to limit access to authorized personnel only

• Regular security audits and vulnerability assessments

• Incident response procedures for prompt identification and mitigation of security breaches

However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to protect your information using current industry best practices, SWAPTO GmbH cannot guarantee absolute security. You assume the risk of any unauthorized access or loss of data resulting from causes beyond our reasonable control.

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7. Your Data Rights

As a participant in the Test in the EU/EEA, you have the following rights under GDPR:

7.1 Right of Access

You have the right to request access to your personal data that SWAPTO GmbH holds. Upon request, we will provide you with a copy of your data in a structured, commonly used, machine-readable format.

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7.2 Right to Correction

You have the right to request correction of inaccurate or incomplete personal data. Your email address and phone number are recorded once at the time of token creation and remain unchanged until token expiration and anonymization. If you need to update this information, please contact SWAPTO GmbH (info@swapto.tech).

 

7.3 Right to Deletion

You have the right to request deletion of your personal data (email address and phone number) at any time. Upon such request, SWAPTO GmbH will delete these identifiers within 30 days. Anonymized conversation samples and feedback data that cannot identify you will be retained and subject to the one-year deletion timeline described in Section 3.2.

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7.4 Right to Restrict Processing

You may request that SWAPTO GmbH restrict processing of your personal data for certain purposes. For example, you may request that we stop collecting new conversation samples while retaining your personal data.

 

7.5 Right to Object

You have the right to object to processing of your personal data based on legitimate interests. You may withdraw your consent to participate in the Test at any time by contacting us.

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7.6 Right to Data Portability

You have the right to receive a copy of your personal data in a portable, machine-readable format and to transmit that data to another organization if you choose.

To exercise any of these rights, please contact SWAPTO GmbH Data Protection Officer at the address provided in Section 16 below.

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8. Warranties and Disclaimers

8.1 Test Service Is Experimental

THE SWAPTO TEST SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. SWAPTO GMBH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Any warranty of merchantability or fitness for a particular purpose

• Any warranty that the Service will be accurate, complete, reliable, or error-free

• Any warranty that the Service will meet your needs or expectations

• Any warranty regarding data security or privacy

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8.2 Translation Quality

You acknowledge that as a test service, translation quality may be lower than the final commercial version. Translations may contain errors, omissions, or inaccuracies. You must not rely on test translations for medical, legal, financial, or any context where errors could cause harm.

 

8.3 Service Availability

SWAPTO GmbH makes no guarantee regarding continuous availability of the test service. The Service may be interrupted, modified, or terminated at any time for any reason without notice or compensation.

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9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAPTO GMBH SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, DAMAGE, OR CLAIM ARISING FROM YOUR PARTICIPATION IN THE TEST OR YOUR USE OF THE TEST SERVICE, INCLUDING:

• Loss of data or communications

• Any mistranslation or inaccuracy in the Service

• Unauthorized access to your personal data

• Service interruption or unavailability

• Any indirect, incidental, special, or consequential damages

This limitation applies even if SWAPTO GmbH has been advised of the possibility of such damages.

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10. Your Rights Under GDPR

10.1 Definition of Confidential Information

For purposes of this Section, "Confidential Information" includes but is not limited to:

• The existence and participation in the Test

• Features, functionality, and technical details of the swapto service

• Product roadmap, development plans, and future features

• Performance data, metrics, and test results

• Bugs, errors, limitations, or security vulnerabilities discovered during testing

• Comparisons with competing products or services

• Any information marked or designated as confidential

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10.2 Confidentiality Obligations

You agree to maintain the confidentiality of all Confidential Information and not to disclose it to any third party without SWAPTO GmbH's prior written consent. You agree not to:

• Disclose the existence of the Test or your participation in it

• Publish reviews, testimonials, or comparisons about the test service on public forums, social media, app store reviews, or any publicly accessible platform

• Share screenshots, videos, recordings, or other media depicting the test service

• Disclose product roadmap, development plans, or future features

• Share bugs, vulnerabilities, or security issues publicly (you should report these confidentially to SWAPTO GmbH)

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10.3 Permitted Disclosures

Notwithstanding Section 10.2, you may disclose Confidential Information:

• To family members, close friends, or colleagues on a need-to-know basis, provided they are informed of and agree to maintain confidentiality

• If required by law, legal process, or court order (provided you notify SWAPTO GmbH promptly to allow SWAPTO GmbH to seek protective measures)

• To your legal advisor or tax professional, under attorney-client or professional privilege

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10.4 Duration

Your confidentiality obligations shall commence on the date you accept these Terms and shall continue for a period of two (2) years following the termination or expiration of your participation in the Test, except that confidentiality obligations for security vulnerabilities shall continue indefinitely.

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10.5 Remedies for Breach

You acknowledge that breach of the confidentiality obligations may cause irreparable harm to SWAPTO GmbH that cannot be adequately remedied by monetary damages alone. Accordingly, SWAPTO GmbH shall be entitled to seek equitable relief, including injunctive relief and specific performance, in addition to all other legal remedies available. SWAPTO GmbH may also:

• Terminate your participation in the Test immediately

• Pursue legal action to recover damages resulting from the breach

• Seek reimbursement of costs, including reasonable attorneys' fees, associated with enforcement of confidentiality obligations

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11. Termination

11.1 Termination by You

You may terminate your participation in the Test at any time by notifying SWAPTO GmbH. Upon termination, your access to the test service will be disabled, and no further conversation samples will be collected.

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11.2 Termination by SWAPTO GmbH

SWAPTO GmbH may terminate your participation in the Test at any time, with or without cause, by providing notice to you. SWAPTO GmbH may also terminate the entire Test program at any time. SWAPTO GmbH may terminate your participation immediately without notice if you breach the confidentiality obligations in Section 10.

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11.3 Effect of Termination

Upon termination of your participation:

• Your access to the test service will be immediately revoked

• No further conversation samples will be collected from you

• Your personal data (email and phone) will be retained for up to 90 days, then anonymized as described in Section 3

• Anonymized conversation samples and feedback already collected will continue to be used for product improvement

• Your confidentiality obligations survive termination and remain in effect for the duration specified in Section 10.4

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12. No Compensation

Your participation in the Test is entirely voluntary. You will not receive monetary compensation, free service credits, or other remuneration for your participation. However, your contribution to improving swapto is greatly appreciated. Any future promotional offers, discounts, or tester rewards are at SWAPTO GmbH's sole discretion and are not guaranteed.

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13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. For any disputes arising from these Terms or your participation in the Test, you agree to first attempt informal resolution by contacting SWAPTO GmbH Customer Relations. If informal resolution is unsuccessful, any legal action or proceeding shall be subject to the exclusive jurisdiction of the courts located in Essen, Germany.

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14. Changes to These Terms

SWAPTO GmbH may modify these Terms at any time during your participation in the Test. Changes will be effective immediately upon posting or notification. Your continued participation in the Test following any changes constitutes your acceptance of the revised Terms.

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15. Entire Agreement

These Terms constitute the entire agreement between you and SWAPTO GmbH regarding your participation in the Test, and supersede all prior negotiations, understandings, and agreements, whether written or oral. These Terms govern the Test only and do not apply to your use of swapto after general commercial release (at which time the standard swapto Terms and Conditions will apply).

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16. Contact Information

For questions, requests to exercise your rights, or to terminate your participation in the Test, please contact:

SWAPTO GmbH

Address: Fulerumer Str. 164, 45149 Essen, Germany

Email: info@swapto.tech

Website: www.swapto.tech

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Data Protection Officer

For data protection inquiries and to exercise your GDPR rights (access, deletion, correction, etc.), please get in touch with our Data Protection Officer: Roland Ballus

Email: legal@swapto.tech

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17. Acknowledgment

By clicking "I Agree" or beginning to use the swapto Test service, you confirm that you have read and understood these Terms and Conditions, and that you agree to all terms outlined herein. You also confirm that you have the authority to accept these Terms on your own behalf (or on behalf of your organization if you are a business participant).

 

 

Last Updated: May 2026