Terms of Service

1. Acceptance and Eligibility

This is a contract between you and Swapify Inc., a corporation incorporated in the State of Delaware, USA, having its notice address at 28 Geary St STE 650 Suite #190, San Francisco, California 94108, USA. References in these Terms to “Swapify”, “we”, “our” or “us”, are to Swapify Inc. and references to “you”, “your” or “user” are to the person with whom Swapify enters into these Terms.
These Terms apply to your use and access to the Swapify Studio platform (“Swapify Studio”) and its related services. Upon accessing, using or registering at the Swapify Studio, you agree to be legally bound by and to comply with these Terms and all additional terms, policies and agreements incorporated herein by reference and amended from time to time in our sole discretion.

2. Definitions

Asset Library means the proprietary, shared collection of pre-created Models and Postures provided exclusively by us on Swapify Studio. It encompasses all digital human likenesses, traits, and structural poses available for you to select and interact with when generating Generated Content from your Reference Content.
Generated Content means images or videos produced by the Swapify Studio’s artificial intelligence engine, which visually synthesize the garment from the Reference Content onto a selected Model in a selected Posture.
Models mean the proprietary, pre-created digital human likenesses, facial features, skin textures and body types provided exclusively by Swapify Studio.
Postures mean the standardized digital skeletal structures and editorial poses provided by Swapify Studio, defining how a Model displays a garment.
Reference Content means any images, sketches or photographs of clothing, textiles, or fashion designs uploaded by the user to Swapify Studio for processing, including images where such clothing is worn by or displayed on a human individual.

3. Swapify Studio

Swapify Studio provides a proprietary generative artificial intelligence service to synthesize Reference Content garment imagery with the Swapify Studio’s pre-existing, AI-generated human models and digital postures. All interactions, imagery and audiovisual materials are either generated or curated through artificial intelligence systems and do not depict real individuals.
You acknowledge that the Asset Library is shared. Other users may create Generated Content using identical Models or Postures, or Models or Postures with similar or identical traits, attributes or appearances to those selected by you. You have no claim, right, or entitlement to restrict, challenge or object to the creation, availability or use of similar or overlapping Models and/or Postures by us or by other users, brands, regardless of the degree of similarity.
We maintain absolute, discretionary control over the Asset Library. We may, at any time and at our sole discretion, remove, de-list, modify, restrict or delete any Model, Posture, feature or related content, including those you have previously interacted with or used in your Generated Content. We may take these actions with or without notice and we are not liable for any loss, inconvenience, or perceived harm (such as an inability to recreate a specific brand aesthetic in the future) resulting from such modifications or removals. You acknowledge that Models, Postures and their associated traits may change over time due to algorithmic updates, and we do not guarantee the ongoing availability, continuity or preservation of any specific Swapify Studio’s asset.
From time to time and without prior notice, we may modify, expand, or enhance the Swapify Studio, including the availability of any feature, content, functionality, Models or Postures. We also reserve the right, at any time, to discontinue the operation of all or part of the Swapify Studio or to selectively disable certain features. Furthermore, we may offer alternative or additional features to certain users that may not be offered to others.
In order to use Swapify Studio, you need to create an account at Swapify Studio (“Account”). When creating an Account, you shall provide a valid email address and a username at the time of registration. You shall also provide true, accurate, current and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us.

4. Customized and Twin Models

Subject to your Subscription plan and the expenditure of the required SKUs, you may have the option to request the creation of a private, customized Model tailored to specific characteristics, gender, body shapes, styles and attributes you specify. Upon our approval and the successful generation of this asset, this customized Model will be designated as private, meaning it will be made available exclusively to your Account and your authorized users, and it will not be published in the general shared Asset Library for other customers to access.
You may also request the creation of a private “twin” model, which is a digital replica designed to resemble a specific real-world individual based on reference materials you provide, such as photographs from various angles and supporting videos. Like other private models, an approved twin Model will be made available exclusively to your Account. Because generative AI is an interpretive process, we do not warrant or guarantee a 100% exact likeness to the provided reference materials, nor can we guarantee that your expectations regarding the digital replica will be strictly met.
By uploading reference materials to create a twin Model, you represent and warrant that you have obtained explicit, legally binding consent from the individual depicted in the materials. This individual must explicitly confirm their approval for the use of their image, face, physical traits, and overall likeness to generate a digital replica on Swapify Studio. We reserve the absolute right to request that you provide this confirmation and consent in writing at any time. Failure to provide adequate written documentation upon our request may result in the immediate rejection of your twin Model request or the deletion of the generated model, without any refund of spent SKUs.
The creation process for any private customized Model or twin Model is fully curated and managed by us. We retain the right to subject all custom model requests to full human moderation before making the generated asset available to your Account to view, access or use. The expenditure of SKUs for any custom or twin Model request is final, and variations between your requested vision (or reference materials) and the final generated Model do not constitute grounds for a refund.
Even though a customized or twin Model is made privately available to your account, all Models remain our exclusive property. You obtain only a limited, revocable right to access and use these private Models in accordance with these Terms. You understand and acknowledge that other users may independently request creation Models with similar or identical traits, attributes or appearances. You have no claim, right, or entitlement to restrict, challenge or object to the creation, availability, or use of similar or overlapping Models by us or by other users, regardless of the degree of similarity to your private Model.

5. Subscriptions

The Swapify Studio offers subscription plans that provide access to all main functionalities of Swapify Studio (“Subscription”). Different Subscription plans offer different feature sets, privileges and limitations. These may include variations in Asset Library access, determining the specific Models, Postures and digital scenes or backgrounds available for your use (such as standard versus premium or exclusive collections). Plans may also dictate the generation quality, meaning the resolution and fidelity of the Generated Content (e.g., 2K versus 4K rendering), as well as the permitted number of re-renders. Finally, different plans may offer variations in advanced functionality, including priority processing speeds and advanced customization tools. The specific features and limitations associated with each Subscription plan are determined solely by us and may differ between plans, regions and periods.
Before users purchase a Subscription, Swapify Studio will clearly present all essential information about the applicable plan, including the current price, the duration of the Subscription period, the renewal structure, any trial period that may apply, and the scope of the features or benefits associated with the selected plan. Users are responsible for reviewing these details prior to confirming a Subscription purchase.
Our Subscriptions are adjustable to meet your business needs. During the Subscription selection process, you may choose the specific volume of internal credits (referred to herein as “SKU”) to be included in your recurring Subscription plan. The Subscription price will automatically adjust and be displayed to you in real-time based on the number of SKUs you select. You are responsible for reviewing the final price, billing frequency and included SKUs prior to confirming your purchase.
You may upgrade or downgrade your Subscription plan or adjust your recurring SKU allocation at any time:
If you upgrade your Subscription and/or increase your SKU allocation, the change will take effect immediately. You will be charged a prorated amount for the difference in price for the remainder of your current billing cycle.
If you downgrade your Subscription and/or decrease your SKU allocation, the change will take effect at the start of your next billing cycle. You will retain your current plan’s functionality and SKU allocation until the end of the current paid period. No prorated refunds are provided for downgrades.
We may offer free trial periods for our Subscription. These trial periods allow you to access all Swapify Studio’s functionalities available via the Subscription for a specified duration. At the end of the trial period, you will be automatically charged for the Subscription unless you cancel it at least 24 hours before the trial ends.
All Subscriptions are billed on a recurring basis (e.g., monthly or yearly) and automatically renew at the end of the applicable period. To prevent automatic renewal, you must cancel your Subscription or turn off auto-renewal at least twenty-four (24) hours before the end of the current period. If cancelled during an active period, the Subscription remains valid until the end of that paid period but will not renew. You will not be eligible for a prorated refund for the remaining days in the cancelled cycle.
We may, from time to time, make changes to our Subscription options, including recurring Subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next Subscription period following the date of the price change and, by continuing to use our Subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable Subscription no later than 24 hours before the end of the Subscription period.

6. Internal Credits

The generation of content and utilization of premium features on Swapify Studio are powered by our internal credit system SKU. SKUs are designed solely for use within Swapify Studio. They are not a digital asset, cryptocurrency, electronic money or financial instrument. They have no real-world or cash equivalent and cannot be redeemed, exchanged, transferred, or sold outside Swapify Studio.
SKUs are consumed when you execute specific actions on Swapify Studio and the required number of SKUs will be clearly indicated before you initiate an action. Specifically, SKUs may be used to generate Generated Content that incorporates the Models, Postures and scenes available to your specific Subscription plan. SKUs can be utilized to request the creation of a brand-new, custom Models accessible only to such requesting user or to request the creation of a “twin” Model (a digital replica of a real human requested by a user). Finally, SKUs may be used to access other premium generative functions as they are introduced by Swapify Studio over time.
You receive a recurring allocation of SKUs based on your active Subscription plan, and you may also purchase extra SKUs through one-time purchases if you exhaust your allowance. All prices and allocations will be clearly presented before purchase. Depending on your specific Subscription plan, unused SKUs allocated during a billing cycle may either expire at the end of that cycle or be carried forward to the next period. We will clearly specify in your Subscription details whether your selected plan includes a rollover feature, whether those unused SKUs carry over fully or partially, and whether there are any caps on the maximum number of accumulated SKUs. Unless explicitly stated otherwise in your specific Subscription plan details, all unused recurring SKUs expire at the end of the current billing period and do not roll over.
Any attempt to manipulate, exploit, duplicate, hack, or bypass the SKU system is strictly prohibited. Such actions will result in the immediate forfeiture of your SKUs and the termination of your account without a refund.

7. Payments

You may purchase Subscription and/or SKUs by using approved payment methods. You must provide accurate and up-to-date payment information, which will be stored by our selected payment provider. We do not operate, own or control the payment provider, and your use of the payment card is governed by your agreement with the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately update the payment information of any change in your billing address (or other information) for your payment card.
In the case of paying with a payment card, payment processing (including entering the card number) is carried out through a secure page of the processing system, which has passed international certification. Your confidential data is not received by us, and its processing is completely protected and no one, including Swapify, can receive your personal and bank data. The Payment Card Industry Data Security Standard (PCI DSS) is used during work with card data, which ensures the secure processing of your payment card details. The applied data transfer technology guarantees the security of a payment card through the use of a Secure Sockets Layer (SSL), Verified by Visa, Secure Code, and closed banking networks protocols.

8. Refund Policy

All payments made on Swapify Studio, whether for Subscriptions or SKUs, are considered final once processed, except as expressly permitted under this Section 8 or where required by applicable law. Refunds are issued solely at our discretion, subject to the conditions described in this Refund Policy. Refunds are limited to narrow circumstances, and certain actions, such as using SKUs or accessing Subscription features, may immediately render you ineligible for a refund.
You may request a refund for a new Subscription or a one-time SKU purchase within exactly twenty-four (24) hours of the initial transaction. Requests made after this 24-hour window are automatically ineligible.

However, even within the 24-hour window, your purchase becomes strictly non-refundable if you have made “meaningful use” of Swapify Studio. For the purposes of this Refund Policy, “meaningful use” includes, but is not limited to:

consuming two (2) or more SKUs to generate Generated Content;
submitting a request to create a new private Model or Twin Model.

If any of the above actions occur, your purchase is considered fully consumed, and a refund will not be issued.

No refunds will be provided for Subscriptions or SKUs if your Account is suspended or terminated due to a violation of these Terms (e.g., uploading prohibited content or violating child safety policies). Furthermore, if you initiate an unwarranted chargeback or payment dispute with your bank, we reserve the right to immediately terminate your access, cancel active Subscriptions and forfeit all remaining SKUs without compensation.
Refund decisions are made solely at our discretion and are final. We may request additional information to process a refund request, and failure to provide such information may result in denial.

9. User Content

The Swapify Studio allows its users to upload, create, generate, store and share content, specifically, Reference Content, in the form of pictures, photos, videos, create and further download Generated Content generated by the Swapify Studio per request of such users (collectively, “User Content”). We do not claim ownership over your User Content.
You hereby represent and warrant that you either own all rights, title and interest in and to your User Content, or have obtained all necessary rights, licenses, consents, and permissions to use User Content you intend to upload to the Swapify Studio. You hereby represent and warrant that the User Content you intend to upload to the Swapify Studio does not and will not infringe, violate, or misappropriate any third-party intellectual property rights and it is your responsibility to check and ensure this.
In addition, you hereby represent and warrant that you agree to pay all royalties, fees and any other monies owed by reason of your User Content you intend to create derivative works of through the Swapify Studio and warrant to us that any usage of third-party User Content is cleared by you with the respective rightsholder.
You must only upload or provide Reference Content of individuals where you have obtained affirmative, informed and voluntary consent from such individuals for uploading their photos to the Swapify Studio. By submitting Reference Content, you represent and warrant that (i) you have obtained all necessary consents from identifiable persons depicted therein; (ii) such consent was provided freely, without coercion, and with an understanding of how the content may be used; and (iii) you will provide proof of such consent upon request.
Solely for the purposes of operating, improving and promoting the Swapify Studio, you grant us a non-exclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, temporarily cache, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law (“Swapify License”). The Swapify License you grant us is for the limited purpose of operating, improving and promoting the Swapify Studio or if otherwise implied by using the Swapify Studio and our services unless you have provided us with your additional explicit consent for a different purpose where required by applicable law. The Swapify License for Reference Content is time-limited in the sense that it automatically terminates when you delete the Reference Content from the Swapify Studio’s library or by terminating your Account, however, the Swapify License for Generated Content is a lifetime and is not limited by time and will continue notwithstanding whether you maintain an Account with Swapify Studio or terminated your Account.
When you use the Swapify Studio, the Generated Content may be automatically marked or watermarked to indicate that it has been created or altered using artificial intelligence (AI) where it is required by the applicable law. This marking may appear as a visible overlay, a watermark, or embedded metadata, and it must not be removed, obscured, or altered where required by the applicable law. You acknowledge and agree that such markings are necessary to comply with applicable laws prohibiting non-consensual or deceptive impersonation through AI-generated media. You further agree to comply with the law applicable to you in relation to using, displaying or making available AI-related content and marking this content with any watermark, metadata, or label identifying content as AI-generated. We may implement additional technical and disclosure measures to make it clear when Generated Content has been created or manipulated through the Swapify Studio, including visible statements or digital credentials. Where required by law, we may also include identifiers that allow third parties to verify the AI origin of the content.
You must not upload, edit, create derivative works of or store any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Swapify License described above.
You hereby represent and warrant that you will not upload, edit, create derivative works of, store or anyhow provide User Content that (“Prohibited Content”):

is false, misleading, unlawful, obscene, indecent, lewd, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory;
is patently offensive to the online community, such as that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
encourages conduct that would be considered a criminal offence or gives rise to civil liability;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copyright-protected devices, or providing pirated music or links to pirated music files;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
breaches or infringes any duty toward or rights of any person or entity, including rights of publicity or privacy;
violates any law, regulation, or court order;
contain corrupted data or any other harmful, disruptive, or destructive files; or
in our sole judgment, are objectionable, restrict or inhibit any person or entity from using or enjoying any portion of the Swapify Studio, or which may expose us, our affiliates, our licensors or our customers to harm or liability of any nature.

You shall be fully liable and responsible for your User Content. You shall indemnify and hold us harmless in all and any claims and issues as it set out in these Terms.

10. Prohibited Conduct

Swapify Studio gives you the ability to use artificial intelligence (AI) as a tool to create the Generated Content, and we claim no rights in the Generated Content you generate through our AI. You are the one to decide how to use the Generated Content further, and you are the one accountable for such use. You must ensure that the way you are using your Generated Content is not breaking any laws, such as privacy and intellectual property laws, and that such use is not obscene, pornographic, harmful and doesn’t spread harmful misinformation. If you are unsure that your intended use of the Generated Content would be legal, we advise you being cautious. You must preserve any labeling or disclosure mechanisms provided by the Swapify Studio and are prohibited from obscuring or removing them.
You must not use the Swapify Studio:

to create, upload, or distribute nonconsensual intimate visual depictions (including “deepfakes” or other digital forgeries as defined by the applicable law);
for any illegal or unlawful purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
to generate or disseminate verifiably false information and/or content with the purpose of harming others;
to generate or disseminate personal identifiable information that can be used to harm an individual;
to defame, disparage or otherwise harass others;
for any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
for any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
to generate or disseminate information for the purpose of being used for the administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
to circumvent or misrepresent the consent requirements described in these Terms.

We have the right to monitor your use of the Swapify Studio for any purpose we deem reasonable, including, but not limited to, preventing or getting aware of any criminal actions, money laundering, investigating or checking of a potential violation of these Terms, for quality assurance. We have the right to investigate violations of these Terms or conduct that affects Swapify and to consult and cooperate with law enforcement authorities to prosecute users who violate the applicable law.
In the event we found you abusing the Swapify Studio, engaging in activities that violate the intended use of our services or violating these Terms, we reserve the right, at our sole discretion, to impose limitations on the services we provide to you, notwithstanding whether you maintain paid Subscription or not, including, but not limited to, limiting the number of available generations/requests, delaying the performance of the generation process. Additionally, we may temporarily suspend your Account or prevent you from accessing our services for a defined period (e.g., 24 hours, a week) or terminate your access to subscription-based features as a consequence, essentially downgrading your service level.
We may suspend or terminate your Subscription and/or access to the Swapify Studio if we reasonably believe that you have violated these Terms or any law or regulation in connection with your use of the Swapify Studio.

Where the suspension or termination affects you as a user located in the European Union, we will provide you with a statement of reasons for our decision in accordance with the EU Digital Services Act and offer you access to our internal complaint mechanism, allowing you to request a review of the decision.

11. Child Safety and Exploitation Prevention

To strictly prevent child exploitation and ensure the safe use of Swapify Studio, you are prohibited from uploading Reference Content depicting children without our explicit prior approval, and Models depicting children or child-like appearances are not available on Swapify Studio. All requests to upload such Reference Content or create child-like Models will be evaluated by us on a strict, case-by-case basis. As part of this evaluation, we will thoroughly review your business operations to verify that the generation of child-related content is legitimate, strictly limited to fashion business purposes, and necessary for your commercial needs.
For any Reference Content depicting children, you represent and warrant that you have obtained explicit, legally binding consent from the child’s parent or legal guardian. Under no circumstances are you permitted to upload Reference Content or generate Generated Content displaying lingerie, underwear or swimwear on children or child-like Models. Furthermore, even if you are granted approval to generate content using child-like Models, we retain the right to subject all resulting Generated Content to full, manual human moderation. In such instances, the Generated Content will not be made available for you to view, access or download until it has successfully passed our internal safety and compliance review.
Any violation of this Section 11 will result in immediate suspension or termination of your Account. We reserve the right to implement additional safeguards, monitoring, and further actions to prevent and address such violations.

12. Intellectual Property

All rights, title, and interest in and to Swapify Studio, including but not limited to its software, systems, architecture, algorithms, AI models, Asset Library, training data, brand elements, trademarks, user interface, visual identity, design elements, features, functionalities, tools, layouts, and all other technological or creative components (collectively, “Swapify Assets”), are and shall remain exclusively owned by us. Nothing in these Terms shall be interpreted as transferring or assigning any ownership or proprietary rights to you or to any third party.
All Models available on the Swapify Studio, whether pre-existing, system-created or generated at your request, are part of the Swapify Assets and are the exclusive property of us.
Nothing in these Terms shall grant you any of such property rights and/or ownership rights and shall not be considered as an assignment of such rights. Other than access to the Swapify Studio in accordance with the Terms, we do not in any way grant our users any license or other intellectual property rights. You shall not (nor attempt to) copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the underlying platforms of the Swapify Studio or any other part of the Swapify Assets or in any other way manipulate the Swapify Studio.
We hereby grant you a limited, revocable, non-exclusive, non-transferable license, subject to the terms and conditions of these Terms, to access and use the Swapify Studio, including downloading, installing and using on your mobile phones, tablets or other supported devices, and Swapify Assets solely for purposes approved by us from time to time. Any other use of the Swapify Studio or Swapify Assets is expressly prohibited and all other right, title, and interest in the Swapify Studio or Swapify Assets are exclusively the property of us, our licensors and our affiliates.
By providing us with feedback, such as comments, bug reports, or suggestions for improvements on the Swapify Studio, by email or by any other means of communication you grant us the unrestricted right to utilize that feedback in any way we see fit, without any further compensation owed to you. Furthermore, you are conferring upon us a long-term, unconditional, non-exclusive, worldwide license to employ the feedback for any purpose.

13. Warranties

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SWAPIFY STUDIO, AND ANY CONTENT DELIVERED OR MADE AVAILABLE THROUGH THE SWAPIFY STUDIO, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SWAPIFY STUDIO OR THE RESULTS YOU MAY OBTAIN BY USING THE SWAPIFY STUDIO. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) THE OPERATION OR USE OF THE SWAPIFY STUDIO WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (II) THE QUALITY OF THE SWAPIFY STUDIO OR GENERATED CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SWAPIFY STUDIO MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE SWAPIFY STUDIO IS PROVIDED TO YOU ON AN “AS IS”, “AS DEVELOPED” AND “AS AVAILABLE” BASIS.
YOU ACCEPT FULL RESPONSIBILITY FOR ALL ACTIVITIES AND ALL FORMS OF CONTENT GENERATED, INSTRUCTED FOR CREATION, CONFIGURED, CUSTOMISED, UPLOADED, SUBMITTED OR DELIVERED BY YOU THROUGH SWAPIFY STUDIO, INCLUDING WITHOUT LIMITATION YOUR USER CONTENT, ANY GENERATED CONTENT PRODUCED IN RESPONSE TO YOUR INPUTS OR INSTRUCTIONS.
WE MAY UTILISE ARTIFICIAL INTELLIGENCE AND LANGUAGE MODELS DEVELOPED AND/OR TRAINED BY THIRD-PARTY PROVIDERS. WE MAY NOT CONTROL OR DETERMINE THE TRAINING DATA, METHODOLOGIES, OR ALGORITHMS USED BY SUCH THIRD PARTIES. ACCORDINGLY, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING TO THE OPERATION, OUTPUTS OR PERFORMANCE OF SUCH. DUE TO THE NOVELTY AND LIMITATIONS OF ARTIFICIAL INTELLIGENCE, WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, CONSISTENCY, OR APPROPRIATENESS OF GENERATED CONTENT.

14. Limitation of Liability

IN NO EVENT WE WILL BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (I) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (II) FOR LOSS OF USE, INACCURACY, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOSS OF PROFITS, DATA OR BUSINESS INTERRUPTION; OR (III) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.

15. Indemnification

You will indemnify, defend, and hold us, our affiliates and our/their employees, officers, directors, contractors, agents, and consultants, including but not limited to, financial advisors, accountants and attorneys (collectively “Representatives”) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (ii) your wrongful or improper use of the Swapify Studio; (iii) your creation, upload, dissemination, or use of Generated Content or User Content in violation of applicable law, including but not limited to laws prohibiting non-consensual intimate imagery, data protection and biometric information laws, or regulations governing the disclosure of artificially generated or manipulated content; (iv) any allegation that the Reference Content or Generated Content infringe the rights of any third party, including rights of privacy, publicity, or data protection; (v) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (vii) your violation of rules set for User Content and your actions at the Swapify Studio; (viii) your violation of any applicable law, rule or regulation of any country; and (ix) any other party’s access and/or use of the Swapify Studio with your unique name, password or other appropriate security code.

16. Release

To the fullest extent permitted by applicable law, you release Swapify and its affiliates from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542, as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

17. Disputes

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SWAPIFY.

You thus give up your right to go to court to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury.

You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than the rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).

Any dispute or claim relating in any way to your use of the Swapify Studio shall be resolved in the following manner:

Informal Process First. You agree to first contact our customer support by email and attempt to resolve the dispute with us informally for a period of 60 days.
Binding Arbitration. If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Website and/or these Terms, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of these Terms to arbitrate, by binding arbitration.
Arbitration Tribunal. The American Arbitration Association (“AAA”) will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by The Supreme Court of California located pursuant to the Uniform Arbitration Act. The parties irrevocably consent to the jurisdiction of the courts of the State of California for the purpose of administering an arbitration under the Uniform Arbitration Act. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
Location of Arbitration. The arbitration will be conducted in Santa Clara, California, or such other place as chosen by the Arbitration Tribunal.
Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules. The prevailing party shall be fully reimbursed by the other party for all costs, including reasonable attorneys’ fees, arbitration costs, expert or consultant’s fees and reasonable travel and lodging expenses, incurred by the prevailing party.
Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against us.
CLASS ACTION AND JURY TRIAL WAIVER. YOU AND SWAPIFY AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SWAPIFY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR SWAPIFY STUDIO MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND SWAPIFY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

18. Governing Law

These Terms will be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user’s country. This paragraph doesn’t override those laws.

19. General Provisions

Although we intend to provide accurate and timely information on the Swapify Studio, such information may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, the Swapify Studio or any of our related services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Swapify Studio are your sole responsibility and we shall have no liability for such decisions.
From time to time, we may make available special offers or conduct promotions for all or certain users. Subject to applicable laws, we may establish qualifying criteria to participate in any special promotion at our sole discretion. We may revoke any special offer at any time without notice. We shall have no obligation to make special offers available to all customers.
All notices and communications by you to us under these Terms shall be made in writing to e-mail: support@swapify.link and are effective on the date received (unless the notice specifies a later date).
These Terms of Service, Privacy Policy, and all other documents incorporated by reference herein and therein, comprise the entire agreement between you and us.
Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.
These Terms are personal to you, you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests and/or our obligations at any time, including as part of a merger, acquisition or other corporate reorganization involving the Swapify Studio.
If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
These Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Terms or other documents shall prevail.
We may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Swapify Studio, or updating the “Last Updated” date of these Terms. By continuing to access or use the Swapify Studio, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Swapify Studio. We encourage you to frequently review Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Swapify Studio.
Upon termination of these Terms, all sections of these Terms which by their nature should survive termination or expiration will survive.

20. Copyright Infringement

It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any User Content, uploaded, downloaded or appearing on Swapify Studio have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from Swapify Studio by submitting a written notification to our copyright agent designated below.
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), such written notice (“DMCA Notice”) must include substantially the following:
1. your physical or electronic signature as the copyright owner or as a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed;
2. identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works (User Content) presented on Swapify Studio, a representative list of such works;
3. identification of the User Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that User Content on Swapify Studio (including the provision of links thereto);
4. information reasonably sufficient to permit us to contact you, such as your name and email address, postal address, and telephone number;
5. a statement that you have a good faith belief that use of the work in the manner complained of is not authorized by you as the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within the Swapify Studio is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Please contact our support team in order to file a complaint at the following address:

Swapify Inc., Attn: Copyright Infringement
Address – 28 Geary St STE 650 Suite #190, San Francisco, California 94108, USA
Or at the following email: support@swapify.link

Last Updated on 27 February 2026