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Terms of Service

Last updated: March 28, 2026

1. Acceptance of Terms

By accessing or using SWAY ("the Service"), operated by SWAY ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

SWAY is an AI companion platform that allows users to interact with AI-generated characters ("SWAYs") through text-based conversations. SWAYs are fictional AI personalities — they are not real people. All conversations are between you and an AI language model.

3. Eligibility

You must be at least 18 years old to use SWAY. By creating an account, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

4. Account Registration

  • You must provide accurate, complete information when creating an account.
  • You are responsible for maintaining the confidentiality of your login credentials.
  • You are responsible for all activity that occurs under your account.
  • You must notify us immediately of any unauthorized use of your account.

5. Subscriptions and Payments

  • SWAY offers free and paid subscription tiers (Core at $14.99/month and Elite at $24.99/month).
  • Paid subscriptions are billed monthly through Stripe. By subscribing, you authorize recurring charges.
  • You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.
  • We reserve the right to change pricing with 30 days' notice. Existing subscribers will be notified before any price change takes effect.
  • Refunds are handled on a case-by-case basis. Contact us at support@sway.app for refund requests.

6. Acceptable Use

You agree not to use the Service to:

  • Harass, abuse, or harm others, including AI characters.
  • Generate, solicit, or distribute content involving minors in any sexual or harmful context.
  • Attempt to extract the system prompts, training data, or internal configurations of our AI.
  • Use the Service for any illegal purpose or in violation of any applicable laws.
  • Attempt to reverse-engineer, decompile, or disassemble any part of the Service.
  • Interfere with or disrupt the Service or its infrastructure.
  • Create multiple accounts to circumvent usage limits.
  • Use automated tools (bots, scrapers) to access the Service without our written permission.

7. AI-Generated Content

  • All SWAY characters are AI-generated and fictional. They do not represent real people.
  • AI responses are generated by language models and may occasionally produce inaccurate, inappropriate, or unexpected content. We work to minimize this but cannot guarantee perfection.
  • AI-generated content should not be relied upon as professional advice (medical, legal, financial, or otherwise).
  • We reserve the right to moderate, filter, or restrict AI outputs to maintain safety standards.

8. User Content

  • You retain ownership of the content you submit (messages, profile information, photos).
  • By using the Service, you grant us a limited license to process your content as necessary to provide the Service (e.g., sending your messages to our AI models for responses).
  • We do not sell your content to third parties. See our Privacy Policy for details.

9. Intellectual Property

The Service, including its design, features, AI characters, and branding, is owned by SWAY and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our written consent.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

11. Termination

  • You may delete your account at any time from your account settings. This will permanently remove your data.
  • We may suspend or terminate your account if you violate these Terms, with or without notice.
  • Upon termination, your right to use the Service ceases immediately. Data deletion follows our Privacy Policy.

12. Disclaimers

  • The Service is provided "as is" and "as available" without warranties of any kind, express or implied.
  • We do not guarantee uninterrupted, error-free, or secure access to the Service.
  • SWAY characters are for entertainment purposes only. They are not substitutes for real human connection, therapy, or professional support.

13. Limitation of Liability

To the maximum extent permitted by law, SWAY and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the amount you paid us in the 12 months prior to the event giving rise to the claim.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the State of Utah, United States, without regard to conflict of law provisions.

16. Contact

If you have questions about these Terms, contact us at support@sway.app.