Effective date: March 15, 2026 | Last updated: March 15, 2026
These Terms of Service ("Terms") form a binding agreement between you and Swayn ("we", "us", "our"). By creating an account or using the app you agree to these Terms. If you do not agree, do not use Swayn.
We may update these Terms from time to time. We will notify you of material changes via in-app notice. Continued use after changes take effect constitutes acceptance.
You must be at least 18 years old to use Swayn. By creating an account you confirm that you are 18 or older. If we discover you are under 18 we will terminate your account immediately.
You must have the legal capacity to enter into a binding agreement in your jurisdiction.
3.1 Registration
You agree to provide accurate information when creating your account. You are responsible for keeping your login credentials secure. You are responsible for all activity that occurs under your account.
3.2 One account per person
You may not create more than one account. You may not create an account on behalf of someone else or transfer your account to another person.
3.3 Account deletion
You may delete your account at any time from Settings. Deletion permanently removes your profile, photos, messages, waves, and all associated data. This action is irreversible.
By using Swayn you agree not to:
5.1 Your content
You retain ownership of content you post to Swayn. By posting content you grant us a non-exclusive, royalty-free, worldwide licence to use, store, display, and transmit that content solely for the purpose of operating and improving the app. This licence ends when you delete the content or your account.
5.2 Ephemeral content
Profiles, presence signals, and room sessions are ephemeral by design. They do not persist after your session ends. We do not guarantee that any ephemeral content will be preserved.
5.3 Our right to remove content
We may remove any content that violates these Terms or that we determine is harmful to users or the app. We are not obligated to review all content.
5.4 Prohibited content
You may not post or transmit content that:
Violations of this section will result in immediate account termination and may be reported to law enforcement.
Rooms are live audio and video sessions. You agree to conduct yourself respectfully in all rooms. The host of a room may remove participants at their discretion. We may terminate rooms that violate these Terms.
You acknowledge that other participants in a room may include strangers and that you interact with them at your own risk. We are not responsible for the conduct of other users in rooms.
You may report users or content that violates these Terms via the in-app report function. We will review reports and take action where appropriate, up to and including account termination. We are not obligated to take any particular action in response to a report or to notify you of the outcome.
Your use of Swayn is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the app you agree to the collection and use of information as described in our Privacy Policy.
Swayn uses third-party services including LiveKit (real-time audio/video), Supabase (database and authentication), and push notification providers. Your use of these services through Swayn is subject to their respective terms and policies. We are not responsible for the practices of third-party providers.
The Swayn name, logo, app design, and all content we create are our intellectual property. These Terms do not grant you any right to use our trademarks, logos, or other proprietary materials. You may not copy, modify, distribute, or create derivative works from our intellectual property without our written consent.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, CONTENT, OR ACTIONS OF ANY USER. USE OF THE APP AND ANY INTERACTIONS WITH OTHER USERS ARE ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAYN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP OR YOUR INTERACTIONS WITH OTHER USERS.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
Some jurisdictions do not allow certain limitations on liability. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Swayn and its officers, directors, employees, and agents from any claims, damages, losses, and expenses arising from: (a) your use of the app; (b) your content; (c) your violation of these Terms; or (d) your violation of any third-party rights.
We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms. You may terminate your account at any time via Settings.
Upon termination, your right to use the app ceases immediately. Sections 5, 10, 11, 12, 13, 15, and 16 survive termination.
These Terms are governed by the laws of the United States. Any dispute shall be resolved by binding individual arbitration under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.
These Terms and our Privacy Policy constitute the entire agreement between you and Swayn regarding the app. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision does not constitute a waiver.
Contact: legal@swayn.com