End User License Agreement

1. Agreement to Terms

This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Sway ("we," "us," or "our") for the use of the Sway mobile application ("App") and related services.

By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree to these terms, do not download, install, or use the App.

2. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your personal mobile device(s)
• Access and use the App for your personal, non-commercial purposes
• Create, share, and view photo-based Sway sessions with other users

This license does not include the right to: (a) resell or commercially use the App; (b) modify, adapt, or create derivative works of the App; (c) reverse engineer, decompile, or disassemble the App; or (d) remove any proprietary notices from the App.

3. Account Registration and Security

To use certain features of the App, you must register for an account using Google Sign-In or Apple Sign-In. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Be responsible for all activities under your account
• Be at least 13 years old (or the age of digital consent in your country)

We reserve the right to suspend or terminate your account if you violate this Agreement or engage in fraudulent or illegal activities.

4. User Content and Conduct

Your Content

You retain ownership of all photos and content you upload to the App ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your User Content within the App
• Generate split-screen videos from your photos and photos of other Sway session members
• Share your User Content with members of the Sway sessions you join

Prohibited Conduct

You agree not to use the App to upload, share, or transmit content that:

• Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable
• Violates any third party's rights, including intellectual property, privacy, or publicity rights
• Contains viruses, malware, or other harmful code
• Impersonates any person or entity or falsely represents your affiliation with any person or entity
• Promotes illegal activities or violates any applicable laws
• Contains nudity, sexually explicit content, or exploitation of minors

We reserve the right to remove any User Content that violates this Agreement or is otherwise objectionable, and to suspend or terminate accounts that repeatedly violate these terms.

5. Intellectual Property Rights

The App and all of its content, features, and functionality (including but not limited to software, design, text, graphics, logos, and trademarks) are owned by Sway and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the App or its content without our prior written consent. Any unauthorized use of our intellectual property may result in termination of your license and legal action.

6. Third-Party Services

The App integrates with third-party services, including:

• Google Sign-In for authentication
• Apple Sign-In for authentication
• Cloudflare R2 for cloud storage

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of these third-party services.

7. Subscription and Payments

Sway is currently free to use. In the future, we may introduce premium features or subscription plans. If we do:

• Pricing and payment terms will be clearly disclosed before you subscribe
• Subscriptions will be billed through your Apple App Store or Google Play Store account
• Subscriptions will automatically renew unless canceled at least 24 hours before the end of the current period
• Refunds will be subject to our refund policy and applicable store policies

8. Disclaimers and Limitations of Liability

Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The App will be uninterrupted, timely, secure, or error-free
• The results from using the App will be accurate or reliable
• Any errors in the App will be corrected
• User Content will be preserved or backed up indefinitely

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO:

• Your use or inability to use the App
• Any unauthorized access to or alteration of your User Content
• Any conduct or content of third parties on the App
• Loss or deletion of User Content
• Any other matter relating to the App

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED $100 USD OR THE AMOUNT YOU PAID TO US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless Sway and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the App; (b) your User Content; (c) your violation of this Agreement; or (d) your violation of any rights of another party.

10. Termination

We may terminate or suspend your access to the App at any time, with or without cause or notice, for any reason including:

• Violation of this Agreement
• Fraudulent, abusive, or illegal activity
• Extended period of inactivity
• Request by law enforcement or government agencies

You may terminate this Agreement at any time by deleting your account and uninstalling the App from your device.

Upon termination, your right to use the App will immediately cease. Sections 4-13 of this Agreement will survive termination.

11. Privacy and Data Protection

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and share your personal information. By using the App, you consent to our collection and use of your information as described in the Privacy Policy.

12. Changes to this Agreement

We reserve the right to modify this Agreement at any time. If we make material changes, we will notify you by:

• Posting the updated Agreement in the App
• Updating the "Last updated" date at the top of this page
• Sending you a notification (if applicable)

Your continued use of the App after any changes indicates your acceptance of the modified Agreement. If you do not agree to the changes, you must stop using the App and delete your account.

13. Governing Law and Dispute Resolution

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Sway is registered, without regard to its conflict of law provisions.

Dispute Resolution

If you have any disputes or claims arising from this Agreement or your use of the App, you agree to first contact us at support@joinsway.app to attempt to resolve the dispute informally.

If the dispute cannot be resolved informally within 30 days, you agree to resolve any disputes through binding arbitration or small claims court, rather than through class action lawsuits or jury trials.

14. General Provisions

• Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Sway regarding the App.
• Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.
• Force Majeure: We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

15. Contact Information

If you have any questions about this End User License Agreement, please contact us at: