Terms of Service

1. Acceptance of Terms

Welcome to Sway! By accessing or using our mobile application and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Description of Service

Sway is a social photo-sharing application that allows users to:

• Create and participate in time-limited photo sessions ("Sways")
• Capture and share hourly photos with friends over a 24-hour period
• Generate split-screen videos compiled from shared photos
• React to and interact with friends' photos

3. Eligibility

You must be at least 13 years old (or the applicable age of digital consent in your country) to use Sway. By using the Service, you represent and warrant that:

• You meet the minimum age requirement
• You have the legal capacity to enter into these Terms
• Your use of the Service complies with all applicable laws and regulations

4. User Accounts

Account Creation

To use Sway, you must create an account using Google Sign-In or Apple Sign-In. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Be responsible for all activities that occur under your account

Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in conduct that is harmful to other users or the Service.

5. User Content

Your Content

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

• Store, process, and display your User Content
• Create split-screen videos from your photos
• Share your User Content with members of your Sway sessions
• Use your User Content for service improvement and analytics (in anonymized form)

Content Guidelines

You agree not to upload, post, or share any content that:

• Is illegal, harmful, threatening, abusive, harassing, or defamatory
• Contains nudity, sexual content, or graphic violence
• Infringes on any third party's intellectual property rights
• Contains spam, malware, or malicious code
• Violates the privacy or publicity rights of others
• Promotes hate speech, discrimination, or violence

Content Removal

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without prior notice and at our sole discretion.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable law or regulation
• Impersonate or attempt to impersonate another user or person
• Interfere with or disrupt the Service or servers or networks
• Attempt to gain unauthorized access to any part of the Service
• Use any automated system (bots, scrapers) to access the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Harass, abuse, or harm other users

7. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by Sway and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, logos, and service marks may not be used without our prior written permission. All other trademarks, service marks, and logos used on the Service are the property of their respective owners.

8. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you agree to our Privacy Policy.

9. Third-Party Services

The Service may contain links to or integrations with third-party websites or services (such as Google Sign-In, Apple Sign-In). We are not responsible for the content, privacy policies, or practices of any third-party services.

Your use of third-party services is at your own risk, and you should review their terms and policies before using them.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy or reliability of any content

We do not guarantee that the Service will meet your requirements or that any errors will be corrected. Use of the Service is at your own risk.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SWAY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or use
• Business interruption
• Loss of goodwill or reputation
• Any damages arising from your use or inability to use the Service

In no event shall our total liability exceed the amount you paid to us (if any) in the twelve (12) months preceding the event giving rise to the liability.

12. Indemnification

You agree to indemnify, defend, and hold harmless Sway and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party

13. Dispute Resolution

Informal Resolution

If you have any dispute with us, you agree to first contact us at support@joinsway.app and attempt to resolve the dispute informally for at least 30 days before initiating any formal proceedings.

Arbitration

Any dispute that cannot be resolved informally shall be resolved by binding arbitration in accordance with the applicable arbitration rules. The arbitration shall take place in [Your Jurisdiction], and judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

You agree to resolve disputes with us only on an individual basis, and not as part of any class, consolidated, or representative action or proceeding.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in [Your Jurisdiction] for any legal proceedings arising out of these Terms or the Service.

15. Changes to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sway regarding the Service and supersede all prior agreements and understandings.

18. Contact Us

If you have any questions about these Terms of Service, please contact us at: