Swavy App LTD Terms of Service

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1. Introduction

1.1 Acceptance of Terms
By accessing or using the Swavy platform (“Service”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service.

1.2 Modifications to Terms
Swavy App LTD (“Swavy”, “we”, “us”, or “our”) reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the platform. You are advised to review these Terms periodically for any changes.

1.3 Definitions

• “Platform” refers to the Swavy online creator marketplace.
• “User” refers to both creators and brands using the platform.
• “Creator” refers to users who create content for campaigns.
• “Brand” refers to users who post campaigns seeking content.

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2. Account Registration

2.1 Eligibility
You must be at least 18 years old to use the Service. By registering an account, you represent and warrant that you meet this eligibility requirement.

2.2 Account Security
You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

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3. Use of the Platform

3.1 General Use
You agree to use the platform in accordance with these Terms and all applicable laws and regulations.

3.2 User Responsibilities
Creators must:

• Create and post content in a timely manner.
• Comply with any requests from brands to remove posted content.Brands must:
• Accept or reject creators and their content in a timely manner.
• Provide payment for creators according to the agreed payment structure.

3.3 Prohibited Conduct
Users are prohibited from:

• Posting false or misleading information.
• Engaging in any activity that disrupts or interferes with the platform.
• Attempting to gain unauthorized access to other user accounts.

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4. Campaigns and Content Creation

4.1 Campaign Listings
Brands can post campaigns outlining the content they require, including specific deliverables, timelines, and compensation.

4.2 Application to Campaigns
Creators may apply to campaigns that match their expertise. Brands will review applications and select the creators they wish to collaborate with.

4.3 Deliverables and Quality Standards
Creators agree to submit content that meets the agreed-upon specifications and quality standards. Brands have the right to request revisions if the content does not meet the required criteria.

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5. Payments and Fees

5.1 Payment Processing
Payments are processed through a third-party payment processor. Users agree to comply with the terms and conditions of the payment processor.

5.2 Fees and Commissions
Swavy may charge a commission or fee for using the platform. Details of any fees will be provided at the time of the transaction.

5.3 Payment Terms for Creators

• For campaigns offering a flat fee, brands must submit payment for each creator application before the creator starts creating the content. The platform will facilitate this payment process before advancing the campaign.
• Payment terms and schedules will be specified in the campaign details.

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6. Content Ownership and Intellectual Property

6.1 Ownership of Content
Content ownership depends on the campaign. If the campaign requires rights, creators grant the brand rights to the content for a specified period (3, 6, or 12 months).

6.2 License to Use Content
Brands agree to use the content solely for the purposes specified in the campaign and in accordance with any additional terms agreed upon with the creator.

6.3 Intellectual Property Rights
All intellectual property rights in the platform and its content, other than user-generated content, are owned by Swavy or its licensors.

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7. Termination and Suspension

7.1 Termination by Users
Users may terminate their account at any time by contacting Swavy. Termination will be effective upon confirmation from Swavy.

7.2 Termination by Swavy
Swavy reserves the right to suspend or terminate any account that violates these Terms or engages in conduct that we deem harmful to the platform. This includes, but is not limited to, fraud, misrepresentation, and abusive behavior.

7.3 Effects of Termination
Upon termination, users will lose access to their accounts and any content stored on the platform. Swavy will not be liable for any loss of data or content resulting from termination.

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8. Dispute Resolution

8.1 Informal Resolution
Users are encouraged to resolve disputes informally by contacting Swavy support.

8.2 Mediation by Swavy
Swavy will act as a mediator in disputes between creators and brands. Swavy’s decision in such disputes will be final and binding.

8.3 Governing Law
These Terms are governed by the laws of the United Kingdom.

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9. Liabilities and Disclaimers

9.1 Limitation of Liability
Swavy will not be liable for any indirect, incidental, or consequential damages arising from the use of the platform.

9.2 Disclaimer of Warranties
The platform is provided “as is” and “as available” without any warranties of any kind, either express or implied.

9.3 Indemnification
Users agree to indemnify and hold harmless Swavy from any claims arising out of their use of the platform, including any negative effects of campaign outputs or creator behavior.

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10. Miscellaneous

10.1 Entire Agreement
These Terms constitute the entire agreement between you and Swavy regarding the use of the platform.

10.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

10.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10.4 Contact Information
For questions or concerns regarding these Terms, please contact us at support@swavy.app.

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