Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using Sway, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and our Community Guidelines. If you do not agree to any part of these Terms, you must not access or use the Platform.

Sway is an adult-oriented platform for aesthetic, sensual, and interest-based content discovery. By using the Platform, you acknowledge and accept the nature of the content available on Sway. Your continued use of the Service constitutes ongoing acceptance of these Terms, including any updates or modifications made in accordance with Section 14.

2. Eligibility

You must meet all of the following requirements to use Sway:

• Age Requirement: You must be at least 18 years of age. By creating an account, you represent and warrant that you are 18 years of age or older. Age verification is required during onboarding and may be re-verified at any time at our sole discretion.
• Legal Capacity: You must have the legal capacity to enter into a binding agreement in your jurisdiction of residence.
• Compliance: You must not be prohibited from using the Service under any applicable law or regulation, and you must not have been previously banned from the Platform.

3. Account Registration and Security

To use Sway, you must create an account using one of our supported authentication methods (email/password or Sign in with Apple, powered by Firebase Authentication).

You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the confidentiality of your login credentials and not share them with any third party.
• Accept full responsibility for all activities that occur under your account.
• Notify us immediately at support@swaytheapp.net if you suspect any unauthorized access to or use of your account.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used fraudulently, or are in violation of these Terms.

4. User Content and Conduct

Sway allows users to upload, post, and share content ("User Content"). You are solely responsible for any content you submit, post, or display on or through the Platform.

Content Standards: All content on Sway must comply with our content guidelines. Sway is a platform for non-explicit, aesthetic kink content, including but not limited to: teasing, fashion-forward styling (stockings, leather, latex fashion), bondage aesthetics, ASMR, sensory content, expressive poses, and creative adult expression. Content is classified by intensity level (Soft, Medium, Bold) to help users curate their experience.

Conduct Standards: When using Sway, you agree to:

• Treat all users, Creators, and staff with respect and dignity.
• Not engage in harassment, bullying, stalking, or intimidation of any kind.
• Not impersonate any person or entity, or falsely state or misrepresent your identity or affiliation.
• Not use the Platform for any illegal purpose or in violation of any applicable local, state, national, or international law.
• Not use bots, scrapers, crawlers, or other automated means to access or collect data from the Platform.
• Not attempt to circumvent content restrictions, moderation tools, or security measures.

5. Creator Terms

If you apply and are approved as a Creator on Sway, the following additional terms apply to you:

5.1 Creator Eligibility and Verification

To become a Creator, you must complete our identity verification process, including selfie verification, and agree to our Creator Agreement and Community Guidelines. We reserve the right to approve or reject Creator applications at our sole discretion.

5.2 Content Guidelines

As a Creator, you are responsible for ensuring that all content you upload complies with our content policies. Content must be non-nude, aesthetic, and within the categories permitted on the Platform. You must have all necessary rights, licenses, and permissions for any content you post, including consent from any individuals depicted.

5.3 Revenue Split

Creators earn revenue through VIP subscriptions, tips, and custom requests. The revenue split is as follows:

• Creator Share: 80% of net revenue from all transactions.
• Platform Fee: 20% retained by Sway for operating the Platform.

Note: Transactions processed through Apple's in-app purchase system may be subject to additional processing fees imposed by Apple (approximately 15-30%), which are deducted before the 80/20 split is applied.

5.4 Payment Terms

Payouts are processed via Stripe Connect. You must maintain a valid, connected Stripe account to receive payments. Payout schedules, minimum thresholds, and processing times are detailed in your Creator Dashboard. Sway reserves the right to withhold payouts pending investigation of potential guideline violations or fraudulent activity.

5.5 Subscription Pricing

Creators set their own monthly VIP subscription prices, subject to minimum and maximum limits established by the Platform. You may adjust your pricing at any time; changes apply to new subscribers and at the next billing cycle for existing subscribers.

6. Viewer and Subscriber Terms

As a Viewer or Subscriber on Sway, the following terms apply:

6.1 Free Content

Viewers may browse and consume free content posted by Creators without a subscription. Free content is subject to the same content guidelines and community standards as all other content on the Platform.

6.2 VIP Subscriptions

You may subscribe to individual Creators' VIP tiers to access exclusive content. Subscriptions are billed monthly on a recurring basis through Stripe. By subscribing, you authorize recurring charges at the subscription price set by the Creator at the time of your subscription or as adjusted per the Creator's pricing changes.

6.3 Tips

You may send voluntary tips to Creators. Tips are non-refundable once processed. By sending a tip, you acknowledge that it is a voluntary payment and does not create any obligation on the part of the Creator to provide additional content or services.

6.4 Custom Requests

You may submit personalized content requests to Creators. Creators may accept or decline any request at their discretion. Payment is processed when the Creator accepts the request. If a Creator fails to deliver within the agreed timeframe, you may request a refund through our support team.

6.5 Refund Policy

Subscription fees are generally non-refundable. However, refunds may be issued at our discretion in the following circumstances:

• A Creator's account is terminated for policy violations during an active subscription period.
• Technical errors result in duplicate or erroneous charges.
• A custom request is accepted but not fulfilled within the agreed timeframe.

Refund requests must be submitted to support@swaytheapp.net within 14 days of the charge in question. Apple App Store refund policies may also apply where purchases are made through Apple's in-app purchase system.

7. Prohibited Content

Sway maintains a strict content policy. The following content is absolutely prohibited on the Platform:

• Explicit Nudity: Any content depicting full or partial nudity, including visible genitals, bare breasts (nipple exposure), or buttocks. Sway is a non-nude platform.
• Sexually Explicit Material: Pornographic content, depiction of sexual acts, or any content intended to be pornographic in nature.
• Content Involving Minors: Any content depicting, referencing, or suggesting the involvement of individuals under 18 years of age in any sexual or suggestive context. This is reported to NCMEC and law enforcement.
• Non-Consensual Content: Any content created, distributed, or shared without the informed consent of all individuals depicted, including "revenge" content.
• Illegal Content: Content that promotes, depicts, or facilitates illegal activities, including drug use, weapons trafficking, or fraud.
• Harassment and Hate: Content that harasses, threatens, demeans, or discriminates against individuals or groups based on race, ethnicity, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.
• Violence and Harm: Content depicting or promoting real violence, self-harm, or harm to others.
• Impersonation: Content that impersonates another person or misrepresents affiliation with any person or entity.
• Spam and Fraud: Deceptive, fraudulent, or misleading content, including scams and phishing attempts.

8. Intellectual Property

8.1 Your Content

You retain full ownership of any content you create and upload to Sway. By uploading content, you grant Sway a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, distribute, and promote your content solely in connection with the operation and promotion of the Platform. This license terminates when you delete your content or your account, except where your content has been shared with other users or incorporated into Platform features prior to deletion.

8.2 Platform Intellectual Property

The Sway name, logo, branding, design elements, software, and all related intellectual property are owned by Raphael Pires Nogueira and are protected by applicable intellectual property laws. You may not use, copy, modify, or distribute any Sway intellectual property without our prior written consent.

8.3 Copyright Infringement

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please notify us at support@swaytheapp.net with the following information:

• A description of the copyrighted work you claim has been infringed.
• A description of where the infringing material is located on the Platform.
• Your contact information (name, address, telephone number, and email).
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner.
• A statement, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

8.4 Content Redistribution Prohibition

You may not download, screenshot, screen-record, copy, redistribute, or otherwise make available any content from the Platform outside of Sway, especially paid or exclusive content. Violation of this policy may result in account termination and legal action.

9. Payment Terms

9.1 Payment Processing

All payments on Sway are processed through Stripe, a third-party payment processor. By making a purchase or receiving payouts, you agree to Stripe's Terms of Service and Privacy Policy. Sway does not directly store your payment card information.

9.2 Revenue Split

Sway operates on an 80/20 revenue split model:

• 80% of net transaction revenue is paid to the Creator.
• 20% of net transaction revenue is retained by the Platform.

"Net transaction revenue" means the gross amount charged to the Viewer minus any third-party processing fees (including Stripe processing fees and, where applicable, Apple's in-app purchase fees).

9.3 Payout Schedule

Creator payouts are processed on a regular schedule as determined by Stripe Connect and displayed in the Creator Dashboard. There may be a holding period for new Creators or following account changes for fraud prevention purposes. Minimum payout thresholds may apply.

9.4 Taxes

You are solely responsible for determining and fulfilling any tax obligations arising from your use of Sway, including but not limited to income tax, sales tax, or VAT. Creators earning above applicable thresholds may receive tax reporting forms (e.g., IRS Form 1099) as required by law. Sway does not provide tax advice.

9.5 Chargebacks and Fraud

Fraudulent chargebacks or payment disputes made in bad faith are a violation of these Terms. If a chargeback is determined to be fraudulent, your account may be suspended or terminated, and you may be held liable for the disputed amount plus any associated fees.

10. Termination and Suspension

10.1 Termination by Us

We may suspend or terminate your account, with or without notice, for any of the following reasons:

• Violation of these Terms of Service, Community Guidelines, or Creator Agreement.
• Posting prohibited content, including but not limited to nudity or content involving minors.
• Fraudulent activity, including payment fraud or chargebacks made in bad faith.
• Harassment, abuse, or threatening behavior toward other users or staff.
• Any activity that we reasonably believe poses a risk to the safety, integrity, or reputation of the Platform.
• Extended inactivity or dormancy, with prior notice provided.

10.2 Termination by You

You may delete your account at any time through the app settings. Upon account deletion:

• Your profile, content, and data will be removed from the Platform.
• Active subscriptions you hold as a Viewer will be cancelled at the end of the current billing period.
• If you are a Creator, pending earnings will be processed according to the standard payout schedule, unless forfeited due to policy violations.
• Certain data may be retained as required by law or for legitimate business purposes (e.g., transaction records, fraud prevention).

10.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. Sections of these Terms that by their nature should survive termination will survive, including but not limited to: intellectual property provisions, limitation of liability, indemnification, and dispute resolution.

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAPHAEL PIRES NOGUEIRA AND SWAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to use the Platform.
• Any conduct or content of any third party on the Platform, including Creators and Viewers.
• Any content obtained from the Platform.
• Unauthorized access, use, or alteration of your transmissions or content.
• Interactions between users, whether online or offline.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO SWAY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 User Interactions

Sway is not responsible for the actions, content, or conduct of any user, Creator, or third party. You acknowledge that interactions with other users are at your own risk and that Sway does not screen, vet, or endorse any user beyond the verification processes described herein.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") by contacting us at support@swaytheapp.net. We will attempt to resolve the Dispute informally within 30 days of receiving your notice.

12.2 Binding Arbitration

If a Dispute cannot be resolved informally, you and Sway agree to resolve it through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in Hudson County, New Jersey, unless you and we agree otherwise. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND SWAY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

12.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Small claims court actions are also exempt from the arbitration requirement.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflict-of-law provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Sway agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Hudson County, New Jersey, for the purpose of litigating all such disputes.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Effective Date" at the top of these Terms.
• Notify you through the App via push notification or in-app notice at least 14 days before the changes take effect.
• For material changes affecting Creator payments or content policies, provide at least 30 days' advance notice.

Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the Platform and delete your account.

15. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service, please contact us:

• Email: support@swaytheapp.net
• Operator: Raphael Pires Nogueira
• Location: Jersey City, New Jersey, United States

For urgent content reports, safety concerns, or to report content involving minors, please use the in-app reporting feature for the fastest response, or email us directly with "URGENT" in the subject line.