Terms & Conditions

1. Who we are and what these Terms cover

SwapCat is a software service operated by Nathan Lewis, trading as Bold Boy, Eerste Jan van der Heijdenstraat 108-H, 1072 VB Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 52479536, VAT number [To confirm: VAT number] [To confirm: that this is the registered address; boldboy.nl's footer shows a different one] ("SwapCat", "we", "us").

These Terms form the agreement between SwapCat and the company that uses SwapCat (the "Customer", "you"). They cover the website, the SwapCat application and the support we give with it.

SwapCat is a separate software service. Bold Boy's general terms for commissioned design and production work do not apply to it, and these Terms apply instead. Where a Customer also buys agency services from Bold Boy, those are a separate agreement.

If SwapCat and the Customer have signed a separate written agreement, that agreement takes precedence where it differs from these Terms.

The Customer's own purchasing or supplier terms do not apply, and are expressly rejected, even if SwapCat does not object to them at the time.

2. Business customers only

SwapCat is offered only to companies and professionals acting in the course of their business or profession. It is not offered to consumers, and the statutory consumer rights, such as a right of withdrawal for distance contracts, do not apply.

Access is by invitation, and an invitation is sent to a named person at a company we have agreed terms with. The person who accepts these Terms confirms that they are authorised to accept them for the Customer.

Sections 6:227b and 6:227c of the Dutch Civil Code, on information duties for electronic contracts, are excluded to the extent the law permits between businesses.

3. Private beta and invitations

SwapCat is currently in a private beta. Access is by invitation only, invitations are personal, and they may not be passed on. Each person uses their own account; accounts may not be shared.

During the beta, features, workflows, image quality, credit costs and limits may change, and a feature may be withdrawn. We tell you about important changes in the application or by email.

We may end the private beta, or a Customer's participation in it, as set out in section 16.

4. Company accounts and team members

SwapCat is used through a company account. The Customer decides which of its team members may use it. Team members are invited and have a role: Member, or Approver, who may also approve results and accept agreements for the company.

The Customer is responsible for everything done through its company account, including by its team members, and makes sure they follow these Terms.

Keep sign-in details confidential. Tell us at once, at the support address, if you think an account has been misused.

5. The service

SwapCat creates and edits product photography with artificial intelligence: Product Swap, Model Swap, Environment Swap, Pose Swap and Campaign Studio. SwapCat sends your instructions and your images to third-party AI services, which produce the result, and returns it to you.

SwapCat is a tool. You decide which images you upload, what you ask for, and whether and how you use a result. SwapCat does not create, select, check or approve images for you.

6. Your content and your responsibility

"Content" means everything you upload or enter: photographs, reference images, product images, logos, instructions, campaign templates and notes.

You may only upload Content that you are entitled to use for AI editing and for the use you intend. That includes:

• copyright in photographs, illustrations and designs, including the photographer's rights;
• trademarks, logos and registered designs of products;
• the portrait rights of the people shown, including models, and their permission — for example a model release that covers AI editing and the intended use;
• the licence terms of any image library, agency or editorial source the image came from.

The Customer is responsible for its Content and for holding the permissions it needs. Our AI & Image Rights Policy explains this in plain language.

The Customer indemnifies SwapCat against third-party claims, and against the reasonable costs of defending them, arising from the Customer's Content or from the Customer's use of a result, including claims about copyright, trademarks, designs, portrait rights, privacy or misleading advertising. This does not apply to a claim caused by SwapCat's own breach of these Terms.

7. AI results: limits, and your own check

AI results contain mistakes. They may change product details, logos, text, colours, materials, proportions, hands, faces or other features, or show something that was not in your images. The same request can give a different result each time.

You must check every result before you use or publish it, in particular whether it shows your product accurately. Marking a result Approved in SwapCat is your own decision and your own check; SwapCat does not check results for accuracy or legality.

SwapCat does not warrant that a result is fit for any particular purpose, that it is usable, that it is free from third-party rights or claims, or that it meets advertising, labelling or other legal requirements. The number of attempts needed to get a usable result cannot be predicted, and a result you decide not to use is still a delivered result.

Where the law requires the publisher to disclose that an image was created or changed with AI, that duty is yours. The EU AI Act's transparency rules have applied since 2 August 2026; what they require of you depends on what you publish and where. [To confirm: whether SwapCat is a provider or a deployer of an AI system under the EU AI Act, and what it must therefore mark in the image file itself.]

8. Ownership of uploads and results

You keep every right you have in your Content. SwapCat acquires no ownership of it.

As between you and SwapCat, a result generated for you belongs to the Customer, and you may use it for your business, subject to the law and to the rights of others — for example rights in the products, people, designs or reference images shown. To the extent SwapCat holds any right in a result, SwapCat transfers it to the Customer, or grants the Customer an unrestricted, perpetual licence where a transfer is not possible.

Whether a result is protected by copyright at all depends on the law and on your own creative contribution. SwapCat cannot promise that it is, and neither can the AI providers: their terms do not grant exclusivity, and a similar result may be produced for someone else.

Shared Campaign Templates that SwapCat provides remain SwapCat's or its licensors'. You may use them inside SwapCat to create your own results; you may not extract, copy or redistribute the template photographs themselves.

SwapCat does not use your Content or your results to promote SwapCat, in a portfolio, on a website, in a case study or anywhere else, unless you have given separate written permission for those specific images. Using SwapCat does not give that permission, and this is a deliberate difference from Bold Boy's agency terms.

9. Permission to process your Content

You give SwapCat permission to store, copy, resize, analyse and send your Content to the service providers listed in our Privacy Policy, including the AI providers, only as far as needed to provide, secure and support SwapCat for you.

SwapCat does not use your Content to train AI models, and does not show your Content to other customers. Our AI providers state that they do not train on data sent through the business plans we use; our Privacy Policy sets out what each one says about training and retention, and what we have been able to verify.

SwapCat's staff look at your Content only when it is needed for support you have asked for, for security, for an abuse report, or for a legal obligation.

10. What you may not do

You may not use SwapCat to create, upload or share:

• anything unlawful, or anything that infringes someone's copyright, trademark, design, portrait or privacy rights;
• sexual content involving minors, or any sexual or intimate imagery of a real person without their explicit permission;
• images that falsely show a real person doing or saying something, or that are intended to deceive, harass, defame or discriminate;
• misleading product images, for example images that show features, quality or results a product does not have;
• anything the AI providers' own usage policies forbid.

You may also not: work around credit, usage or security limits; reach another company's data; scrape, automate or overload the service; reverse engineer it; or resell access without our written permission.

We may refuse, stop or remove Content and suspend an account where we reasonably believe these rules are being broken (section 16). An AI provider may also refuse a request; the reserved credits are then returned.

11. Credits

Generating an image uses credits. The credit cost is shown before you select Generate. Analysing your photos and templates is free; where you can re-run an analysis yourself, a fair daily limit applies.

• When you select Generate, the credits are reserved.
• They are charged when the image is delivered.
• If the image fails, or the AI provider refuses it, the reserved credits are returned automatically.
• If you stop an image before the AI provider has started on it, the reserved credits are returned.
• Once the AI provider has started processing, the image can no longer be stopped, because the cost has been incurred.
• A delivered image is charged even if you decide not to use it. Generating another version costs credits again.
• There is no guarantee that a result will be satisfactory or usable, and a result you do not like is not a reason for a refund of credits.

Two kinds of credits:

• Monthly credits are the allowance included in your arrangement. Whatever is left of them at the end of a billing period expires, and the next period's allowance is granted. They do not roll over.
• Purchased credits are extra credits you have bought. They do not expire while your account is active, subject to section 16.

Monthly credits are used first, and purchased credits only once the monthly ones are gone, so that an allowance is not wasted.

Credits have no cash value, cannot be exchanged for money, and cannot be transferred to another company. A purchase of credits is non-refundable, except where a mandatory rule of law requires otherwise.

Returning reserved credits is not a refund of money. It reverses a reservation that was never charged. Payments made for credits are dealt with in section 12.

12. Payment during the private beta

During the private beta, prices and credit arrangements are agreed directly between SwapCat and the Customer. Invoices are sent outside the application, and are paid by bank transfer. There is no subscription, no card payment and no automatic renewal in the application.

The "Request more credits" form only asks us to get in touch. It does not charge you, does not create an invoice and does not add credits. Credits are added by SwapCat after we have agreed it with you.

[To confirm: payment term — Bold Boy's agency terms use 30 days, which is the natural choice; VAT treatment, including the reverse charge for customers in other EU member states and the position for customers outside the EU; and whether interest and collection costs are charged on a late payment.]

If an invoice stays unpaid after a reminder, we may suspend the account until it is paid (section 16). Credits already granted are not withdrawn for a late payment, but no further credits are granted.

We do not send automatic payment reminders during the beta; we contact you ourselves.

13. Future subscriptions and online purchases

Subscriptions and online purchases are not available yet. When we introduce them, separate purchase terms will apply, and we will ask you to accept them before you buy anything. Until then only section 12 applies.

14. Availability, maintenance and limits

SwapCat is a beta service, provided as it is. We do our best to keep it available, but we do not promise uninterrupted availability, a particular response time, or that any specific result can be produced.

SwapCat may be unavailable during maintenance, when a provider is down, or when we pause generation — for example to stay within a spending limit. Where we can, we tell you in advance.

Technical limits apply, such as a maximum file size, a maximum number of images in progress per company, and a maximum time for one image. They are shown in the application or the Help Center and may change.

No service level and no guaranteed support response time are offered during the private beta. We aim to answer support questions within two working days.

15. Confidentiality

SwapCat treats your Content, your campaigns and your business information as confidential. We share them only with the staff and the service providers who need them to provide SwapCat, who are bound by confidentiality, or where the law requires it.

The Customer keeps confidential the non-public information about SwapCat it receives during the beta, such as unreleased features, prices offered to it, and anything marked confidential. This does not stop the Customer saying publicly that it uses SwapCat.

These obligations continue for three years after the agreement ends. They do not cover information that is already public, that the receiving party already had, or that it must disclose by law.

16. Suspension and termination

The Customer may stop using SwapCat at any time, and may ask us to close its company account.

We may suspend or close an account, or end the beta, if these Terms are seriously broken, if an invoice stays unpaid after a reminder, if the law or a provider requires it, to protect the service or other people, or if we stop offering SwapCat. Where it is reasonable, we tell you in advance and give you time to download your images.

We give at least 30 days' notice before ending the beta, or before closing an account without cause, so that images can be downloaded. A suspension for a serious breach, or where the law requires it, takes effect immediately.

When the agreement ends, unused purchased credits lapse. [To confirm: whether a Customer is instead credited or refunded for unused purchased credits when SwapCat ends the agreement without cause — recommended, and fairer, but it is a commercial decision.] Unused monthly credits lapse in every case.

After an account is closed, images and campaigns are deleted as set out in our Privacy Policy, except the records we must keep by law.

17. Downloading and deleting your data

You can download your images in their original quality, and delete them in SwapCat, at any time. A deleted image is removed from our active storage on our next scheduled clean-up, within 24 hours, and from our backups as those backups expire.

Ask us at the support address to close your company account. Its images and campaigns are then deleted 30 days after closing, as set out in our Privacy Policy.

18. Privacy and data processing

Our Privacy Policy explains how we handle personal data.

Where SwapCat processes personal data on the Customer's behalf — above all the people shown in uploaded photographs — it does so under our Data Processing Agreement, which forms part of this agreement. An Approver accepts it once for the company.

SwapCat is not only a processor. For running the accounts, keeping the service secure and keeping its administration, SwapCat decides for itself why and how data is processed, and is an independent controller. The Privacy Policy and the Data Processing Agreement both set out the split.

19. Liability

This section is a proposal for Dutch legal review. No amount in it has been approved, and not all liability can be excluded in any event.

Nothing in these Terms limits liability that cannot be limited by law, including liability for intent or deliberate recklessness (opzet of bewuste roekeloosheid) on the part of SwapCat or its management, for death or personal injury, or under mandatory product liability rules.

Subject to that, SwapCat's total liability under or in connection with this agreement is limited to the total amount of fees the Customer paid to SwapCat for SwapCat in the twelve months before the event that caused the damage, with a minimum of [To confirm: minimum amount — proposal: EUR 5,000] and in no event more than [To confirm: maximum amount — proposal: EUR 25,000, or the amount SwapCat's liability insurance actually pays out, whichever is higher].

SwapCat is not liable for indirect or consequential loss, including lost profit, lost turnover, lost savings, loss of goodwill or reputation, loss or corruption of data, business interruption, or claims by the Customer's own customers.

SwapCat is not liable for the content of a result, for a result being unusable or unsatisfactory, for the number of attempts a usable result takes, for an AI provider refusing or failing a request, or for an AI provider's own outage, change or price change.

A claim lapses unless the Customer notifies SwapCat in writing within 30 days of discovering the damage, and in any event within twelve months of the event that caused it.

The alternatives a lawyer should weigh, with the trade-offs:

• Fees paid in the preceding twelve months, with a floor. This is the proposal above and the usual shape for Dutch B2B software contracts. The floor matters here, because a beta customer may have paid almost nothing, and a cap of "nearly nothing" reads as no liability at all and is the kind of clause a court sets aside as unreasonably onerous.
• A fixed amount, for example EUR 25,000, regardless of what was paid. Simpler, predictable, and easier for a customer to accept; it can be far more than a small customer ever paid.
• The insurance payout, which is what Bold Boy's agency terms use as the primary cap. It is only as good as the policy: SwapCat has no professional liability insurance for a software service yet, so this cannot be the primary cap today. [To confirm: whether to take out professional liability insurance that covers SwapCat as a software service, which would make this the strongest option.]
• No cap at all. Not advisable for a one-person business offering a beta tool, and not what the market expects.

A Dutch court can set aside a limitation that is unreasonably onerous in the circumstances (article 6:248 of the Dutch Civil Code), so a cap that is too low is worth less than a cap that is defensible.

20. Governing law and disputes

These Terms, and any dispute arising from them, are governed by Dutch law. The Vienna Sales Convention does not apply.

If a dispute arises, we will first try to resolve it by talking about it. Where that does not work within 30 days, the dispute is submitted to the competent court in Amsterdam, the Netherlands.

This does not stop either party asking a court for urgent interim relief at any time.

21. Changes to these Terms

We may change these Terms, for example when SwapCat changes or the law requires it. The version and date are shown at the top of this page.

We tell you about a material change in the application or by email at least 30 days before it takes effect, and you are then asked to accept the new version before you can generate again. If you do not accept it, you may end the agreement before it takes effect; we will not charge you for the period after that.

22. Other provisions

If a provision of these Terms is invalid, the rest stays in force, and the invalid provision is replaced by one that comes as close as possible to its intention.

The Customer may not transfer this agreement without our written permission. SwapCat may transfer it as part of a transfer of the SwapCat business, and will tell the Customer if it does.

Not enforcing a provision once does not waive the right to enforce it later.

23. Contact

Questions about these Terms? Write to SwapCat support at the address on our Help page, or to Nathan Lewis, trading as Bold Boy (KvK 52479536), Amsterdam.