Terms

Welcome. SwellShaper is a small independent studio that builds and runs software products. These Terms are the agreement between you and us. We have kept them plain and honest. Where a clause is legally load-bearing we have kept it precise too, because that protects both of us.

By creating an account, reserving a spot in an early-access product, or using any of our products, you agree to these Terms. If you do not agree, please do not use the Services.

Last updated: 2026-07-27.

1. Who we are

The Services are provided by Nicolas Kurt Francisque Arbogast, an individual autónomo (sole trader) registered in Spain, trading as SwellShaper.

• NIF/NIE: Y8051829A
• Address: Camí Ses Rotes, 3 – 07142 Santa Eugènia – Illes Balears, Spain
• Email: nico@swellshaper.com

Full identification details are on our Legal Notice (Aviso Legal).

2. What these Terms cover (scope)

These Terms govern all software, websites, products and services that SwellShaper makes available under swellshaper.com and its subdomains — including ShopSpy and any future product (together, the "Services"). We run a portfolio, so new products can appear over time. When they do, these Terms apply to them without needing to be rewritten.

2.1 Each product also has its own page

Every product has its own page with the details that are specific to it: the service description, the product's functionality and any technical protection or digital-rights measures, its compatibility and interoperability requirements (such as the browser, operating system, device or connection you need), the total price including any applicable taxes, the billing cycle, renewal, cancellation and refund terms, and — for products still in early access — the reservation terms (including the long-stop date required by section 3.2). The commercial terms shown on the applicable product page (and any terms shown to you at checkout before you pay) are incorporated into these Terms.

2.2 Which terms win if they differ (order of precedence)

If something on a product page or checkout page conflicts with these Terms, this is how we resolve it:

• The product page prevails for that product, but only on: pricing, taxes, payment, billing cycle, renewal, minimum commitment, cancellation, refunds, product features, functionality, compatibility/interoperability, and the service description.
• These Terms keep governing everything else for every product: acceptable use, account rules, intellectual property, privacy, warranties and conformity, disclaimers, limitation of liability, governing law and disputes. A product page cannot override those clauses.
• A product page can never reduce your mandatory rights. In particular, any "minimum commitment" or minimum term on a product page (a) can never override or shorten your statutory rights of cancellation or withdrawal, or your reservation-refund rights under section 3, and (b) must be shown to you prominently on the product page and again at checkout, before you pay. If a minimum term is not disclosed to you before you order, it does not bind you.
• So the order is: (1) mandatory consumer-protection law that applies to you; (2) the applicable product/checkout page, on its permitted subjects and subject to the limit above; (3) these Terms; (4) any other policy we link to.

3. Two ways you can join a product

Depending on where a product is in its life, you either take out a live paid subscription, or you place a pre-launch founding reservation. These are legally different things and we treat them differently.

3.1 Live paid subscriptions

A live subscription is a paid, recurring service. The product page states the total price including any applicable taxes, what is included, the billing cycle, when it renews and how to cancel. You are billed in advance for each cycle unless the product page says otherwise. You can cancel at any time — through your account or by emailing nico@swellshaper.com, with the same ease as signing up. Cancellation stops the next renewal and, unless the product page says otherwise, takes effect at the end of the cycle you have already paid for. We do not charge you for a cycle you have cancelled before it starts. Where a renewal would materially change the price, we tell you in advance so you can decide before it takes effect. This cancellation right is never removed by a product-page minimum term (see 2.2).

3.2 Pre-launch founding reservations (early access)

Some products are still being validated and are not yet built. For these, you can place a founding reservation instead of a subscription. A reservation:

• Is a paid advance/pre-order contract that reserves your founding spot. Consumer-protection rights apply to it in full, and we deliberately go beyond them (see below). There is no recurring charge while the product is in reservation.
• Is fully refundable, for any reason, at any time until you expressly activate a paid subscription — this covers the whole period before launch and the window after launch but before you activate (see 3.3). Just email us; you do not need to give a reason.
• Has a guaranteed refund backstop with a firm deadline. Every reservation product page shows a long-stop date. If we have not launched the product by that date, we refund every reservation automatically, without you having to ask. If a product page does not show a long-stop date, a default long-stop date of 12 months from the day you reserved applies, and all reservations are auto-refunded on that date. You never have to prove that a product will "never" launch — the long-stop date is a concrete deadline you can rely on, and you can ask for your refund at any point before it in any case.
• Is refunded in full if we discontinue the launch before it happens.
• Is refunded the same way we were paid. Reservation refunds are made using the same means of payment you used, without undue delay and at the latest within 14 days of your request (or of the long-stop date, if that triggers it), and you never incur a fee because of the refund — mirroring the withdrawal-refund terms in 5.1.
• Does not auto-charge you into a subscription. At launch, your reservation is credited toward your first month, and paid recurring billing only begins after you take an express activation step (see 3.3). We will never silently turn a reservation into recurring billing.

Worked example — ShopSpy. ShopSpy is currently in early-access validation and is not yet built, so it has never been sold and has no past price. Its founding reservation is €9. This €9 is a founding-reservation price; the planned price at launch is €15/month, and your €9 is credited toward your first month, so ShopSpy would then cost €15/month if you choose to continue. €15 is a forward-looking planned price, not a former or "usual" price. All figures shown include any applicable VAT. The €9 is fully refundable any time before you activate a paid subscription, and is auto-refunded if we have not launched by ShopSpy's long-stop date (or, failing a stated date, within 12 months of your reservation). The exact, current figures and the long-stop date live on the ShopSpy product page, and that page prevails for ShopSpy. Other products may use the same reservation model with different numbers.

3.3 Moving from reservation to a paid subscription at launch

When a reserved product launches, we will contact you. Your paid subscription starts only when you expressly activate it. Until you do that, you are not charged beyond the reservation you already made (which is credited to you), and — consistent with 3.2 — you can still ask for your reservation back in full at any time, using the same refund terms (same payment means, no fee, within 14 days). The reservation refund right ends only at the moment you choose to activate a paid subscription; from that point the subscription terms in 3.1 and your 14-day withdrawal right in section 5 apply.

4. How a contract is formed

Because you contract with us electronically and at a distance, Spanish e-commerce law (LSSI-CE, Art. 27) asks us to tell you the following before you place your order.

4.1 The technical steps to conclude the contract

Concluding a contract with us follows simple steps: (1) you choose a product and, on its page, review its description, functionality, total price and terms; (2) you go to checkout, where you enter your details and — for a paid service — your payment details with Stripe; (3) you are shown a summary of your order: the service, the total price including taxes, and the applicable terms; (4) you place the order by clicking the confirm/pay button; and (5) we send you a confirmation. The contract is concluded when we send that confirmation.

4.2 Correcting input errors before you order

Before you click the final confirm/pay button, you can go back to review and change what you have entered — both your details and your order — at the checkout summary step. If you notice a mistake after you have ordered, email nico@swellshaper.com and we will help you correct it.

4.3 Confirmation on a durable medium, and archiving

After every order — whether a live subscription or a pre-launch reservation — we send you a confirmation on a durable medium (an email you can save and reproduce). It includes the confirmed order details, the total price including taxes, the service description, the billing/renewal and cancellation/refund terms, the applicable long-stop date for a reservation, and, for consumers, the right of withdrawal and the model withdrawal form (plus, where relevant, the express-consent/acknowledgement you gave under 5.2). We file the contract confirmation in our records; your confirmation email is your accessible copy, and you can ask us for a further copy at any time by emailing the address above.

4.4 Contract language

These Terms and our product pages are provided in English, and the contract is concluded in English. Your mandatory rights as a consumer under Spanish and EU law apply in full regardless of the language, and nothing here reduces them.

5. Your right to change your mind (14-day withdrawal)

This section is for consumers — people acting outside their trade, business or profession. If you are buying as a business, the statutory withdrawal right does not apply to you, and sections 5.1–5.3 do not apply.

5.1 The 14-day right

If you are a consumer in the EU (and, where applicable, the UK), you have 14 days to withdraw from a distance contract for a paid service, without giving a reason. The period runs from the day the contract is concluded. To withdraw, just tell us clearly — an email to nico@swellshaper.com is enough. You can use the model withdrawal form below, but you do not have to. If you withdraw in time, we refund you without undue delay and no later than 14 days after you tell us. We refund you using the same means of payment you used for the original transaction, unless you expressly agree otherwise, and you will not incur any fee because of the refund.

5.2 Starting a digital service inside the 14 days

If you want a paid digital service to start immediately — before the 14 days are over — the law asks us to get two things from you first, at checkout, using a box you tick yourself (never pre-ticked):

• your express request and consent for us to begin the service straight away, and
• your acknowledgement that, once we have fully performed the service, you lose the right of withdrawal — and that if you withdraw while performance is ongoing, you may owe a proportionate amount for what you have already used.

We then confirm this to you on a durable medium (a confirmation email). If you do not give this consent, your access simply starts after the 14-day period.

5.3 Reservations are even more generous than the law requires

For a pre-launch reservation, the service has not started yet, so there is nothing to "lose the right to." A reservation is fully refundable any time before you activate a paid subscription — which is more generous than the 14-day statutory minimum. So we do not ask for any withdrawal-loss consent when you reserve. That express-consent step (5.2) only appears if and when you later activate a live paid subscription. Nothing in these Terms or on any product page limits any mandatory consumer right you have, including any statutory right of withdrawal.

5.4 Model withdrawal form

To — Nicolas Kurt Francisque Arbogast (SwellShaper), Camí Ses Rotes, 3 – 07142 Santa Eugènia – Illes Balears, Spain, nico@swellshaper.com: I/We hereby give notice that I/We withdraw from my/our contract for the following service: [name of product] — Ordered on/received on: [date] — Name of consumer: [your name] — Address of consumer: [your address] — Date: [date].

6. Prices, payment and Stripe

All prices we show to consumers are the total price including any applicable VAT and taxes. They are shown on each product page and at checkout before you pay, and any additional charge is disclosed to you before you order. Payments are handled by Stripe, an independent payment processor. You enter your card details with Stripe, not with us. We never see or store your full card number. Stripe processes your payment under its own terms and applies strong customer authentication where required. We may change prices for the future; we will give you clear notice before a change affects a subscription you already hold, and you can cancel if you do not accept it.

7. Your account

You must give accurate information, keep your login safe, and be old enough to enter a contract — you must be at least 18. The Services are not intended for children. You are responsible for activity under your account. Tell us promptly if you think your account has been compromised.

8. Acceptable use

Please use the Services lawfully and decently. Do not: break the law; infringe anyone's rights; try to break, overload or reverse-engineer the Services; upload malware; scrape or abuse the systems; or use the Services to harm others. We may suspend or close accounts that break these rules, and, where we can, we will tell you why.

9. Your content and our intellectual property

You keep ownership of the content and data you put into the Services. You grant us the limited licence we need to host and process it so we can run the Services for you. Everything else — the software, the sites, the SwellShaper and product names, logos and design — belongs to us or our licensors, and stays ours. We give you a personal, non-transferable, non-exclusive right to use the Services while your account or reservation is active.

10. Keeping your data before you leave

If a product lets you export your data, please download what you need before you cancel or delete your account. After closure we may delete your content, except where we must keep certain records by law (see the Privacy Policy).

11. The service, conformity, functionality and compatibility

We aim to provide the Services with reasonable skill and care and in conformity with what we describe on the product page. As a consumer, you have statutory rights if a digital service is not as described or does not work as it should, including having it brought into conformity, a price reduction or a refund, under EU digital-content and consumer law and its Spanish transposition (TRLGDCU). Those rights are not affected by anything here. We may provide updates, including updates needed to keep the service in conformity, and we may improve or change features over time.

Functionality, compatibility and interoperability. Each product page describes what the service does and the main technical means — including any digital-rights management or technical protection measures — that affect how you can use it, together with the compatibility and interoperability we are aware of (for example the browser, operating system, device or internet connection you need). Our products are web-based and work in current mainstream browsers unless the product page says otherwise. Where a product applies no technical protection measures, that is what the product page means when it says "none."

12. Changes and availability

We may modify, suspend or discontinue a product or feature. If we discontinue a product you pay for, we will give reasonable notice and refund any period you have paid for but cannot use. For reserved products, section 3.2 applies. We work hard to keep the Services available, but we do not promise uninterrupted or error-free operation.

13. Disclaimers

Except for the statutory guarantees that the law gives consumers (which we do not exclude), the Services are provided "as is" and "as available". For business users and for users outside the EU, to the extent the law allows, we disclaim implied warranties beyond those mandatory guarantees.

14. Limitation of liability

What we never limit. Nothing here limits or excludes our liability where the law does not allow it — including for fraud or fraudulent misrepresentation, for gross negligence, for wilful misconduct (dolo), for death or personal injury caused by negligence, or for your mandatory consumer rights. Under Spanish law (Art. 1102 of the Civil Code), liability arising from wilful misconduct can never be excluded in advance, and we do not attempt to.

Consumers. If you are a consumer, the monetary cap and the exclusion of indirect or consequential losses below do not apply to you to the extent mandatory law entitles you to fuller compensation — including compensation for reasonably foreseeable losses. Your statutory rights to a remedy, price reduction, refund or damages under consumer law are unaffected.

Business users. If you use the Services as a business, then subject to the paragraph "What we never limit" above: we are not liable for indirect, incidental, special or consequential losses, or for loss of profit, revenue, data or goodwill; and our total liability for any claim connected to a product is limited to the amount you paid us for that product in the 12 months before the claim, or, if you paid nothing, to re-performing the service. This fixed cap and consequential-loss exclusion apply to business users only.

15. Indemnity (business users)

If you use the Services for business, you agree to cover us for third-party claims that arise from your unlawful use of the Services or your breach of these Terms. This does not apply to consumers.

16. Governing law, disputes and consumer ADR

These Terms are governed by Spanish law. If you are a consumer, this choice never takes away the protection of the mandatory laws of the country where you live (Rome I, Article 6): you keep every consumer right that law gives you.

Which courts (consumers). If you are a consumer, you can bring proceedings in the courts of your country of residence or in Spain, whichever you prefer, and we will only bring proceedings against you in the courts of the country where you live. This reflects your protection under Articles 17–19 of the Brussels I bis Regulation, and nothing here asks you to give it up.

Which courts (business users). The choice of the courts of Illes Balears, Spain, as the exclusive forum applies only to non-consumer (business) users.

Please note that the European Commission's online dispute resolution (ODR) platform was discontinued in 2025 and is no longer available, so we no longer link to it. We are not currently adhered to any consumer arbitration or alternative dispute resolution (ADR) scheme. If we cannot resolve a dispute directly, a consumer can turn to the public consumer-arbitration system in Spain — the Junta Arbitral de Consumo de les Illes Balears or your local Junta Arbitral de Consumo — or to the consumer authority (organismo de consumo) where you live. You can always contact us first at nico@swellshaper.com — we would rather sort things out directly.

17. Users in the UK and outside the EU

If you use the Services from the UK, UK consumer-protection law (including the 14-day cancellation right under the Consumer Contracts Regulations 2013) and UK data-protection law apply to you in addition to the above. If you use the Services from outside the EU/EEA, you are responsible for complying with your local laws, and you agree not to use the Services where doing so would breach export-control or sanctions rules. Outside mandatory statutory warranties, the Services are provided as-is.

18. General

If any part of these Terms is found invalid, the rest stays in force. Not enforcing a right once does not waive it. You may not transfer these Terms without our consent; we may transfer them if we sell or restructure the studio, without reducing your rights. These Terms, the applicable product page and the policies we link to are the whole agreement between us. This does not exclude or limit our liability for our own pre-contractual statements, nor any statement or information we were legally required to give you (including mandatory consumer information); if you are a consumer, this clause never reduces rights or remedies you have for anything we told you before you ordered. If we change these Terms, we will update the date at the top and, for material changes affecting a paid subscription, give you reasonable notice.

19. Contact

Questions about these Terms? Email nico@swellshaper.com or use our contact page. See also our Privacy Policy, Cookie Policy and Legal Notice.