SwapVeg

Terms of Use

Section 1 Scope and contracting parties

These Terms of Use (general terms and conditions) apply to the use of the two applications SwapVeg and Smartes Kochbuch — each individually referred to below as the “App” — and of the website swapveg.de, provided by Daniel Drotleff, c/o Impressumservice Dein-Impressum, Stettiner Str. 41, 35410 Hungen (referred to below as the “Provider”).

The User concludes the contract separately for each App. An account in one App does not establish any rights in the other; termination and deletion take effect only for the App to which they relate. Where a provision applies to only one of the two Apps, it is expressly marked as such in these Terms of Use; all other provisions apply to both.

Section 2 Services

  1. Both Apps enable Users to scan recipes and digitise them with the help of an AI, to save their own recipes, to share them with others, to rate other Users’ recipes and save them as favourites, and to transfer ingredients to a shopping list. For each recipe, the App estimates the nutritional values per serving including the number of servings from the ingredients (cf. Section 7 No. 3). In addition, the following applies:

    Applies only to SwapVeg

    On request, the App converts a scanned recipe with the help of an AI into a vegan or vegetarian variant.

    Applies only to Smartes Kochbuch

    The App collects recipes of every type of diet in one place. It places the estimated nutritional values in relation to the nutrition goals set by the User; the default setting follows the reference values of the German Nutrition Society (Deutsche Gesellschaft für Ernährung). On request, the AI adapts a scanned recipe to these goals or converts it into a vegan or vegetarian variant — both are optional and do not restrict the other functions.

  2. Use of the App is completely free of charge. There are no paid features, no in-app purchases and no advertising. Individual additional features may be reserved for selected test users. To limit processing costs, the AI-supported scan function is restricted to a fair weekly quota (currently 5 scans/week).
  3. The Provider may change or extend the App where a valid reason so requires (e.g. adaptation to a new technical environment, IT security, changes in the legal situation or further development of the functions) and the change is reasonable for the User and free of charge. The User will be informed a reasonable time in advance by email or on another durable medium about changes that impair the usability of the App more than insignificantly, as well as about a complete discontinuation of the App; in addition, a notice may be given in the App. Before a discontinuation, the User is given the opportunity to export their saved recipes.

Section 3 Registration and user account

  1. Use requires a minimum age of 16 years. By registering, the User confirms that they are at least 16 years old. The same threshold is stated in Section 11 of the Privacy Policy.
  2. Use of the App requires registration with a valid email address, a password and a username.
  3. The User is obliged to provide truthful information and to keep their access credentials confidential.
  4. Multiple accounts per person are not permitted.

Section 4 Obligations of the User

  1. The User undertakes not to post any unlawful, insulting, discriminatory or otherwise offensive content.
  2. For published recipes, the User must ensure that they hold the necessary rights to the photos used — in particular, photos must have been taken by the User themselves and show their own cooked dish. Photos from cookbooks, magazines or the internet are protected by copyright and are not permitted.
  3. In the event of violations of these Terms of Use, the Provider may, depending on the severity, remove the content, restrict its visibility, temporarily suspend the account or terminate the user relationship without notice in the case of serious or repeated violations; in doing so, the Provider observes proportionality. The User is informed promptly of the removal of content, stating the reason. The User is informed in advance of an intended suspension or termination and is given the opportunity to respond, unless waiting is unreasonable for the Provider (e.g. in the case of manifestly unlawful content or statutory obligations); in that case the hearing is carried out without undue delay afterwards and the decision is reviewed. The reporting procedure is governed by Section 8.

Section 5 Content and licence

By publishing a recipe, the User grants the Provider a non-exclusive, royalty-free right of use (einfaches Nutzungsrecht) to display the recipe within the App and on the website swapveg.de. The User remains the holder of all rights and may withdraw the recipe from publication at any time.

Section 6 Permissions and data processing

  1. Camera and photo access: For the scan function, the App requires access to the camera and photo gallery. Access takes place exclusively when the User actively takes or selects a photo. No recordings are made without being triggered by the User and there is no camera access in the background.
  2. Processing & storage of content: The content entered or photographed by the User (in particular recipe texts and recipe photos) is processed automatically to provide the App — including text recognition and AI-supported conversion into vegan/vegetarian variants by contractually bound processors — and, where necessary, stored on the Provider’s servers and locally on the device. The legal basis is the performance of the user contract (Art. 6(1)(b) GDPR). Details are governed by the Privacy Policy.
  3. Automatic processing during use: While the App is open, automatic operations take place (e.g. synchronisation of content created offline, connection check). Data collection in the background while the App is closed does not take place.
  4. Optional services: Crash diagnostics and anonymous usage statistics are activated in the App only after separate consent that can be withdrawn at any time. Details are governed by the Privacy Policy.

Section 7 Liability

  1. The Provider is liable without limitation in cases of intent and gross negligence as well as for injury to life, body or health. This also applies to corresponding fault on the part of the Provider’s legal representatives and vicarious agents.
  2. In cases of slight negligence, the Provider is liable only for the breach of essential contractual obligations, i.e. obligations whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose observance the User may regularly rely; in this case, liability is limited to the foreseeable damage typical of the contract at the time the contract was concluded.
  3. Without prejudice to Nos. 1 and 2, the following applies: AI-generated recipe digitisations and recipe conversions are created automatically and may contain errors, in particular regarding ingredients, quantities and preparation steps. They do not constitute nutritional, allergy or health advice. The User is obliged to check all ingredients on their own responsibility before preparation for allergens, intolerances and the need for sufficient heating (e.g. in the case of raw egg).

    The same applies to the nutritional values displayed: They too are created automatically and may contain errors. They are estimated guide values derived from the ingredients and not a nutrition declaration within the meaning of the Food Information Regulation (EU) No 1169/2011. They do not constitute nutritional, allergy or health advice.

    Applies only to Smartes Kochbuch

    The same applies to the adaptation of a recipe to the nutrition goals: It too is created automatically and may contain errors.

    The nutritional values are estimated guide values derived from the ingredients and not a nutrition declaration within the meaning of the Food Information Regulation (EU) No 1169/2011. Like the preset target values, they do not constitute nutritional, allergy or health advice and do not replace medical or dietary advice.

  4. Liability under the Product Liability Act (Produkthaftungsgesetz), in the event of the assumption of a guarantee, and for fraudulently concealed defects remains unaffected.

Section 8 Reporting of unlawful content and moderation

  1. Recipes and other user content can be reported via the reporting function in the App or by email to info@swapveg.de. A report should contain: a statement of reasons, the exact location (e.g. recipe title or username), the name and email address of the reporting person, and a declaration that the information is, to the best of their knowledge, accurate and complete. Name and email address are not required if the report concerns content presumed to be connected with offences of sexual abuse or sexual exploitation of children (Art. 3 to 7 of Directive 2011/93/EU); such reports can be made anonymously.
  2. The Provider reviews reports promptly, diligently and free from arbitrariness and informs the reporting person of the decision. If content is removed, blocked or restricted, the User concerned receives a clear and specific statement of reasons, stating the relevant facts, the legal or contractual basis, and the possibility of objecting to the decision vis-à-vis the Provider and of seeking judicial redress (Art. 16, 17 DSA).
  3. Point of contact for the authorities of the EU Member States and for Users (Art. 11, 12 DSA): info@swapveg.de — communication in German or English.

Section 9 Termination and account deletion

  1. The User may delete their account at any time via the App (Profile → Delete account). Upon deletion, all personal data is removed without undue delay.
  2. The Provider may terminate the account with immediate effect in the event of serious violations; Section 4 No. 3, sentences 2 to 4, applies accordingly.

Section 10 Changes to the Terms of Use

The Provider may adapt these Terms of Use with effect for the future where this is necessary due to changes in legislation, changes in case law or changes to the App’s functions, and the contractual balance is not shifted to the User’s detriment. Changes are communicated at least 4 weeks before they take effect, by email or in the App. Changes that affect essential provisions (in particular the scope of services, the licence under Section 5 or liability under Section 7) take effect only if the User actively agrees to them (e.g. by confirmation in the App). If the User does not agree, either party may end the user relationship with two weeks’ notice.

Section 11 Final provisions

  1. German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only insofar as it does not deprive them of the protection of mandatory consumer protection provisions of the law of the state in which they have their habitual residence (Art. 6(2) Rome I Regulation). For consumers with habitual residence outside the European Union — in particular in Switzerland and Canada — the same applies accordingly: mandatory consumer protection provisions of their state or province of residence (such as the Consumer Protection Act of Quebec) remain unaffected.
  2. These Terms of Use are available in German, English, French and Spanish. For users in Quebec, the French version is authoritative; otherwise, in the event of discrepancies between the language versions, the German wording prevails.
  3. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
Last updated: 20 September 2026