Terms of Service

1.1 Your Account

• You're responsible for your account security. Use a strong password and keep it secret.
• One account per person (no sharing, sorry).
• You must be 18+ to use Swayed.
• Provide accurate info and keep it updated.
• You're responsible for everything that happens under your account.

1.2 Your Subscription

• Swayed is a monthly subscription service.
• Cancel anytime—we don't do sneaky annual lock-ins.
• Payments are processed by our payment provider (Stripe).
• All prices are in USD unless otherwise specified.

1.3 Incorporated Policies

Your use of Swayed is also governed by our Biometric Data Privacy Policy (governs collection and use of facial features, voice data, and other biometric information), Acceptable Use Policy (defines prohibited uses and content restrictions), and Privacy Policy (explains data collection and protection).

2.1 What You Can Do

• Create AI avatars and digital twins
• Use our Mindflow canvas to connect and analyze content
• Integrate your business tools (Shopify, Meta Ads, Slack, etc.)
• Export your AI avatars and content
• Collaborate when we launch multiplayer (coming soon!)

2.2 What You Can't Do

• Use Swayed for illegal activities
• Harass, spam, or harm others
• Attempt to hack, reverse-engineer, or break our service
• Impersonate others without permission
• Upload malicious content or viruses
• Resell access to Swayed (unless you're an authorized partner)
• Use Swayed to create deepfakes for deceptive purposes
• Violate any third-party rights
• Upload others' biometric data without written consent
• Create content featuring minors

3.1 You Own Your Stuff

• Everything you upload or create remains yours.
• You keep all rights to your content.
• You can export and use your AI avatars anywhere.

3.2 License to Us

By using Swayed, you grant us a license to:

• Process and display your content within Swayed
• Create AI avatars based on your uploads
• Provide you with our services

This license ends when you delete your content or close your account.

3.3 AI Avatar Creation and Restrictions

4.1 Connected Services

When you connect services like Shopify, Slack, or Meta Ads:

• You're responsible for having the right to access that data
• We only access what you explicitly authorize
• Third-party services have their own terms—make sure you comply
• We're not responsible for third-party service outages or changes

4.2 Hedra Integration and AI Services

5.1 Enhanced User Responsibilities

You are solely responsible for:

• Obtaining consent before uploading others' biometric data
• Verifying you have rights to all uploaded content
• Ensuring no minors appear in any content
• Accuracy of AI-generated content you share
• Compliance with all applicable laws
• Reading and following our Acceptable Use Policy
• Reporting violations you observe

Age Verification: By using Swayed, you affirm you are 18 years or older. We do not knowingly collect data from minors. Misrepresenting your age is grounds for immediate termination.

Biometric Data Responsibilities: You warrant that:

• You own or have explicit written consent for all biometric data
• No uploaded content violates privacy rights
• You will not attempt to extract or reverse-engineer biometric data
• You understand the permanent nature of some biometric processing

6.1 Pricing

• Current pricing is available on our website
• Prices may change with 30 days notice
• You'll be notified before price increases
• Grandfathered pricing (if applicable) will be honored

6.2 Billing

• Monthly subscriptions renew automatically
• You'll be charged on your billing date each month
• Failed payments may pause your account
• Update payment info in account settings

6.3 Refunds

• We offer pro-rated refunds on a case-by-case basis
• Contact support@swayed.io for refund requests
• Refunds typically processed within 7-10 business days
• Abuse of refund policy may result in account termination

6.4 Cancellation

• Cancel anytime from your account settings
• Access continues until the end of your billing period
• No partial refunds for mid-month cancellations
• You can re-subscribe at any time

7.1 Our IP

Swayed owns all rights to:

• The Swayed platform and software
• Our branding, logos, and trademarks
• Our documentation and marketing materials
• The underlying technology and algorithms

7.2 Your IP

You retain all rights to your content and AI avatars. We claim no ownership over what you create.

7.3 DMCA & Copyright Infringement

We respect intellectual property rights. If you believe content on Swayed violates your copyright:

• Email support@swayed.io with "DMCA Notice" in the subject
• Include: Your contact info, description of copyrighted work, location of infringing content, statement of good faith belief, statement under penalty of perjury, your signature
• We'll investigate and remove infringing content promptly
• Repeat infringers will have their accounts terminated

8.1 By You

You can close your account anytime. Upon closure:

• Your subscription will be cancelled
• Content will be deleted per our retention policy
• Biometric data deleted within 30 days
• Some data retained for legal compliance (typically 30-90 days)

8.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms or incorporated policies
• Engage in fraudulent or illegal activity
• Abuse the platform or harm other users
• Fail to pay subscription fees
• Create safety or security risks

We'll provide notice when possible, but may terminate immediately for serious violations.

9.1 Service Availability

• Swayed is provided "as is" without warranties
• We don't guarantee 100% uptime (but we try!)
• Features may change or be discontinued
• We're not responsible for third-party service failures

9.2 AI-Generated Content

9.3 Limitation of Liability

To the maximum extent permitted by law:

• Swayed is not liable for indirect, incidental, or consequential damages
• Our total liability is limited to fees paid in the past 12 months
• We're not liable for data loss (keep backups!)
• We're not responsible for your use or misuse of the platform

11.1 Governing Law

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict of law principles.

11.2 Arbitration

Most disputes can be resolved informally. Please contact support@swayed.io first.

If informal resolution fails, disputes will be resolved through binding arbitration (except where prohibited by law or for claims under biometric privacy laws like BIPA).

11.3 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action (except where prohibited by law).

12.1 Changes to Terms

• We may update these Terms occasionally
• Material changes will be announced 30 days in advance
• Continued use after changes means acceptance
• Check the "Last Updated" date for the latest version

12.2 Assignment

You can't transfer your account or these Terms. We may assign them (e.g., in an acquisition).

12.3 Severability

If any provision is found invalid, the rest of these Terms remain in effect.

12.4 Entire Agreement

These Terms (including incorporated policies) constitute the entire agreement between you and Swayed.