Terms of Service

Last Updated: March 10, 2025

By accessing or using the Sway app ("the App"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must discontinue using the App immediately.

1. Acceptance of Terms

By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms constitute a legally binding agreement between you and the developer of Sway ("the Developer").

2. Eligibility

You must be at least 13 years of age to use the App. If you are under 18, you represent that you have your parent or guardian's permission to use the App. Users under 13 are prohibited from using the App.

3. Account Registration

To use certain features of the App, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

4. User Content

By sharing songs, comments, or any other content ("User Content") through the App, you grant to the Developer a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely for the purpose of operating and improving the App.

5. Music Integration

The App allows you to share links to songs from third-party music services such as Spotify and Apple Music. You acknowledge that the App does not host or provide the songs directly, but rather facilitates link sharing and snippet playback in accordance with agreements with these services.

6. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

(a) Creating multiple accounts to manipulate voting or leaderboards;

(b) Using the App to violate any law or regulation;

(d) Interfering with the proper functioning of the App;

(e) Engaging in automated use of the system;

(f) Attempting to access areas of the App you are not authorized to access;

(g) Harassing, intimidating, or threatening other users;

(h) Using the App to distribute malware or other harmful code.

7. Intellectual Property Rights

The App and its entire contents, features, and functionality are owned by the Developer, licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8. Termination

The Developer may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

9. Disclaimers

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP.

11. Changes to Terms

The Developer reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, the Developer will provide at least 30 days' notice prior to any new terms taking effect.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

13. Contact Information

If you have any questions about these Terms, please contact us at: zane@swaysong.com

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