These Terms of Service ("Terms") govern your access to and use of Swishy (the "Service"), including our website located at https://www.swishy.ai, our web application, and any related products, services, and features offered by Swishy ("we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or organization, you represent and warrant that you have authority to bind that entity to these Terms, and "you" refers to both you and that entity.

1. Eligibility

You must be at least 13 years old (or the minimum legal age required in your jurisdiction) to use the Service. If you are under 18, you may use the Service only with the consent of a parent or legal guardian.

2. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to:

Provide accurate, current, and complete information
Maintain and promptly update your information
Keep your login credentials secure and confidential
Be responsible for all activity under your account

You must notify us immediately of any unauthorized access to or use of your account. We may suspend or terminate accounts we believe are compromised or used in violation of these Terms.

3. Plans, Subscriptions, and Payments

3.1 Plans and Features

Swishy may offer free and paid plans. Features, limits, pricing, and availability may vary by plan and may change over time.

3.2 Billing and Auto-Renewal

If you purchase a subscription, you authorize Swishy (through our payment processor) to charge your payment method on a recurring basis (monthly or annually, depending on your selection) until you cancel.

3.3 Taxes

Prices may exclude taxes unless stated otherwise. You are responsible for applicable taxes except where Swishy is required to collect and remit them.

3.4 Cancellation

You can cancel at any time through your account settings (if available). Cancellation stops future renewals. Unless required by law, we do not provide prorated refunds for partial billing periods.

3.5 Refunds

Refunds, if any, are provided at Swishy's discretion unless required by law. Certain purchases (including usage-based credits, add-ons, or one-time fees) may be non-refundable where permitted.

3.6 Non-Payment

Swishy may suspend or terminate access for failed, late, or reversed payments.

4. Acceptable Use

You may use the Service only for lawful purposes and in compliance with these Terms. You agree not to (and not to attempt to):

Use the Service to violate any law or regulation
Generate, upload, or share content that is unlawful, harmful, abusive, harassing, hateful, defamatory, obscene, or exploitative
Create or distribute content that infringes others' intellectual property, privacy, or publicity rights
Upload malware, viruses, or other harmful code
Interfere with or disrupt the Service, systems, networks, or security features
Attempt to gain unauthorized access to accounts, data, or systems
Reverse engineer, decompile, or discover source code or underlying algorithms (except to the extent such restrictions are prohibited by law)
Scrape, crawl, or use bots/automation to access the Service without written permission
Resell, rent, sublicense, or provide the Service to third parties as a service bureau without written consent
Use the Service to build, train, or improve a competing product or model using Swishy's templates, outputs, or platform behavior (except as permitted by law)

Swishy may investigate violations and may suspend or terminate your access.

5. Your Content and Permissions

5.1 Your Content

"User Content" means content you upload, submit, or create using the Service, including prompts, projects, media, and outputs. As between you and Swishy, you retain ownership of your User Content, subject to the licenses granted below.

5.2 License to Operate the Service

You grant Swishy a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and display your User Content only as necessary to provide, maintain, and improve the Service, including making content available to collaborators you authorize.

5.3 Your Responsibility

You are responsible for your User Content and represent and warrant that:

You have all rights necessary to upload and use it, and
Your User Content and its use through the Service does not violate any law or infringe third-party rights.

6. AI Features; Outputs; No Uniqueness Guarantee

Swishy provides AI-assisted tools that may generate content based on your inputs. You understand and agree that:

Outputs may be inaccurate, incomplete, non-unique, or unsuitable for your use
Swishy does not guarantee outputs are original, unique, or non-infringing
You are solely responsible for reviewing outputs before publishing, distributing, or using them commercially
Swishy is not responsible for decisions you make based on AI outputs

If the Service includes templates, presets, or sample assets, you may use the resulting customized output, but Swishy retains ownership of the underlying templates and platform tooling.

7. Intellectual Property

7.1 Swishy Property

The Service (including software, templates, designs, models, features, branding, and all related intellectual property) is owned by Swishy or its licensors and protected by applicable intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works of the Service.

7.2 Feedback

If you provide suggestions, ideas, or feedback, you grant Swishy a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without compensation.

8. Workspaces and Collaboration

If Swishy supports workspaces or team features:

Workspace owners and admins control membership, permissions, and access
Workspace members may access shared content based on workspace settings
You are responsible for what you share and whom you invite
Swishy is not responsible for actions taken by other workspace members

9. Third-Party Services

The Service may integrate with third-party services (such as payment processors, hosting providers, analytics, and AI infrastructure). Your use of third-party services is governed by their terms and policies. Swishy is not responsible for third-party services.

10. Copyright Complaints

If you believe content available through the Service infringes your copyright, please contact contact@swishy.ai with:

A description of the copyrighted work
The location of the allegedly infringing content
Your contact information
A statement of good faith belief
A statement under penalty of perjury that the information is accurate
Your physical or electronic signature

Swishy may remove content and may terminate accounts of repeat infringers where appropriate.

11. Suspension and Termination

11.1 By You

You may stop using the Service at any time. You may cancel subscriptions as described in Section 3.

11.2 By Swishy

Swishy may suspend or terminate your access to the Service (in whole or part) at any time if:

You violate these Terms
Your use creates risk or harm to the Service, other users, or third parties
Swishy is required to do so by law
Your account is inactive for an extended period (for free accounts, where permitted)

11.3 Effect of Termination

Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive will survive, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute terms.

12. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, Swishy disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Swishy does not warrant that:

The Service will be uninterrupted, timely, secure, or error-free
Outputs will be accurate, complete, unique, or suitable for your needs
Any defects will be corrected
The Service will meet your requirements

13. Limitation of Liability

To the maximum extent permitted by law: Swishy will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business interruption, arising out of or relating to the Service or these Terms, even if advised of the possibility.

Swishy's total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of: (a) the amount you paid to Swishy in the 12 months before the event giving rise to the claim, or (b) $100 USD (if you have not paid any amounts).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless Swishy, its affiliates, and their officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service
Your User Content (including any allegation that it infringes rights or violates law)
Your violation of these Terms
Your violation of any rights of another person or entity

15. Governing Law

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

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. It affects your rights.

Except for (a) claims brought in small claims court if eligible, or (b) requests for injunctive or equitable relief, you and Swishy agree to resolve disputes through binding arbitration on an individual basis and waive the right to a jury trial and to participate in a class action.

Arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will take place in Delaware, unless the parties agree otherwise.

No Class Actions: You and Swishy agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

17. Changes to the Service or Terms

Swishy may update the Service or these Terms from time to time. If we make material changes, we will post updated Terms and revise the "Last updated" date. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, along with the Privacy Policy and any additional terms presented for specific features, constitute the entire agreement between you and Swishy regarding your use of the Service and supersede all prior agreements or understandings.

20. Contact

If you have any questions about these Terms, contact:

Swishy

Email: contact@swishy.ai

Website: www.swishy.ai