Terms of Service

Introduction

Welcome to SwapFlow. These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you and Ahava Labs LLC, operating as SwapFlow ("Company," "we," "us," or "our"). This Agreement governs your access to and use of SwapFlow, including its associated websites, applications, and services (collectively, the "Services" or "Platform").

The Services provide features and functionalities that allow users to create, modify, share, and otherwise use information, content, or other media generated through the use of generative artificial intelligence (AI) technology, including but not limited to character swapping, content transformation, and social media automation.

1. Acceptance of Terms

1.1 By accessing, browsing, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines, all of which are incorporated herein by reference.

1.2 IF YOU USE SWAPFLOW OR THE SERVICES PROVIDED BY US, YOU ARE DEEMED TO REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO BE BOUND BY AND AGREE TO BE BOUND BY AND ACCEPT THIS AGREEMENT.

1.3 We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Platform. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

1.4 If you do not agree to these Terms or any modifications thereto, you must immediately cease using the Services.

2. Eligibility and Registration

2.1 Age Requirements: You must be at least 18 years old to use the Services. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.2 Parental Consent: If you are a parent or legal guardian who has consented to your child's use of the Services, you agree to be fully responsible for: (a) the child's use of the Services; (b) ensuring the child's compliance with these Terms; and (c) any acts or omissions of the child in connection with the Services.

2.3 Account Creation: To access certain features of the Services, you must create an account through our authorized authentication methods (e.g., Google Sign-In). You agree to provide accurate, current, and complete information during registration and to keep this information up to date.

2.4 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, API keys, and access tokens. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.

2.5 One Account Per Person: You may only maintain one account. Creating multiple accounts for the purpose of abusing promotions, circumventing restrictions, or any other fraudulent purpose is strictly prohibited and may result in immediate termination of all accounts.

3. Description of Services

SwapFlow is an AI-powered platform that provides the following features and functionalities:

• AI-Powered Media Transformation: Character swapping capabilities for photos and videos using third-party AI services, enabling you to create synthetic media content.
• Social Media Integration: Publishing and scheduling features to distribute content across multiple platforms including YouTube, TikTok, Instagram, Facebook, Twitter/X, Threads, Snapchat, and Telegram.
• Cloud Storage Integration: Seamless integration with Google Drive for media storage, organization, and management.
• Batch Processing: Ability to process multiple media files simultaneously for efficient content creation workflows.
• Caption Generation: AI-powered tools for generating captions, hashtags, and metadata for your content.
• Music Integration: Features for adding background music and audio to your media content.

You acknowledge that AI-generated content is produced through machine learning algorithms and may contain errors, inaccuracies, or unexpected results. We do not guarantee the accuracy, quality, or appropriateness of any AI-generated output.

4. Prohibited Conduct

You agree NOT to use the Services to:

• Create, upload, or distribute any content that depicts minors in any inappropriate, sexual, violent, or exploitative context;
• Create non-consensual intimate imagery (NCII), including synthetic or AI-generated sexual content of real individuals without their explicit consent;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity, for fraudulent or deceptive purposes;
• Create content intended to harass, threaten, defame, abuse, or harm any individual or group;
• Create or distribute misinformation, disinformation, or fraudulent content designed to deceive viewers;
• Violate any applicable law, statute, regulation, or ordinance, including laws regarding synthetic media, deepfakes, and digital manipulation;
• Infringe upon any third party's intellectual property rights, publicity rights, privacy rights, or other proprietary rights;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying technology of the Services;
• Use the Services or any Output to directly or indirectly create, test, improve, train, or otherwise develop any artificial intelligence or machine learning models, systems, architectures, weights, or related technology, whether for yourself or any third party;
• Circumvent, disable, or otherwise interfere with any security-related features, content moderation systems, or safety measures of the Services;
• Use automated scripts, bots, or other means to access the Services in a manner that exceeds reasonable request volumes or constitutes abuse;
• Transmit any viruses, malware, or other malicious code through the Services;
• Collect or harvest any personally identifiable information from other users of the Services without their consent;
• Use the Services in any manner that could damage, disable, overburden, or impair the servers or networks connected to the Services.

5. Intellectual Property Rights and Content

5.1 Your Content and Ownership

You retain all intellectual property rights and proprietary interests in and to the content you upload ("Input") and the AI-generated results ("Output") under applicable law. We do not claim ownership of your Content.

5.2 License Grant to SwapFlow

By uploading, submitting, or otherwise providing Input to the Services, and by generating Output through the Services, you grant SwapFlow a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly display, and publicly perform such Input and Output solely for the purposes of:

• Operating, providing, and improving the Services;
• Developing new features, products, and services;
• Promoting and marketing the Services (with your consent where required by law);
• Complying with legal obligations and enforcing our Terms.

5.3 Content Labeling Requirements

Unless you are a premium subscriber with explicit commercial use rights, you acknowledge and agree that AI-generated Output should be appropriately labeled or disclosed as AI-generated content when shared publicly, in accordance with applicable laws and platform policies.

5.4 Third-Party Content

You represent and warrant that you have all necessary rights, licenses, and permissions to use any content you upload to the Services, including any faces, images, videos, music, or other materials. You are solely responsible for ensuring that your use of the Services does not infringe upon any third party's rights.

5.5 SwapFlow's Intellectual Property

All rights, title, and interest in and to the Services, including but not limited to the software, algorithms, user interface, graphics, logos, trademarks, and service marks, are and shall remain the exclusive property of SwapFlow. Nothing in these Terms grants you any right to use our trademarks, logos, or brand features.

6. Copyright Complaints and DMCA

6.1 We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with a written notification containing:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and its location on our Services;
• Your contact information, including address, telephone number, and email;
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

6.2 Copyright notices should be sent to: support@swapflow.top

6.3 We reserve the right to terminate the accounts of users who are repeat infringers.

7. Third-Party Services and API Keys

7.1 Third-Party Integrations

The Services integrate with various third-party services and platforms, including but not limited to:

• AI Processing Services (for character swapping and content transformation);
• Google (for authentication and Google Drive integration);
• Social Media Platforms (YouTube, TikTok, Instagram, Facebook, Twitter/X, Threads, Snapchat, Telegram);
• Payment Processors (Stripe for subscription billing).

7.2 Third-Party Terms

Your use of any third-party services is subject to the terms of service and privacy policies of those third parties. We are not responsible for the practices, policies, or actions of any third-party services. Any issues arising from your use of third-party services should be addressed directly with the relevant third party.

7.3 API Keys

Certain features of the Services require you to provide your own API keys for third-party AI services. You are solely responsible for: (a) obtaining and maintaining valid API keys; (b) any usage and associated costs incurred through your API keys; (c) ensuring your use of API keys complies with the third party's terms of service; and (d) maintaining the security of your API keys.

8. Subscription Plans and Payment

8.1 Subscription Tiers

SwapFlow offers various subscription plans (Free, Basic, Pro, Enterprise) with different features, usage limits, and pricing. Details of each plan are available on our pricing page and are incorporated into these Terms by reference.

8.2 Billing and Payment

Paid subscriptions are billed on a recurring basis (monthly or annually) unless you cancel before the renewal date. By subscribing to a paid plan, you authorize us to charge your payment method on file for all applicable fees.

8.3 Price Changes

We reserve the right to modify our pricing at any time. Price changes will be communicated in advance and will take effect at the start of your next billing cycle.

8.4 Refund Policy

Subscription fees are generally non-refundable once the service period has begun. However, we may provide refunds or credits at our sole discretion in exceptional circumstances. Contact our support team if you believe you are entitled to a refund.

8.5 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period, after which your account will revert to the free tier.

9. Disclaimers and Exclusion of Warranties

9.1 THE SERVICES ARE 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.

9.2 WE DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

9.3 AI-GENERATED CONTENT DISCLAIMER: You acknowledge that AI-generated content is produced through machine learning algorithms that may generate unexpected, inaccurate, or inappropriate results. We make no representations or warranties regarding the accuracy, completeness, or suitability of any AI-generated content. You are solely responsible for reviewing and approving any content before use or publication.

9.4 THIRD-PARTY SERVICES DISCLAIMER: We are not responsible for the availability, accuracy, or reliability of any third-party services integrated with our Platform. Third-party services may experience outages, errors, or changes that affect the functionality of our Services.

10. Limitation of Liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWAPFLOW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

10.2 IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

10.3 THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND WARRANTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

11.1 You agree to defend, indemnify, and hold harmless SwapFlow, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of the Services or any content you create, upload, or distribute through the Services;
• Your violation of these Terms or any applicable law, regulation, or ordinance;
• Your violation of any third party's rights, including intellectual property rights, publicity rights, or privacy rights;
• Any claim that your content caused damage to a third party;
• Your negligence or willful misconduct.

11.2 We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to first contact us at support@swapflow.top to attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or SwapFlow may proceed to binding arbitration.

12.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, that cannot be resolved through informal negotiation shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English and shall take place in New York, New York, USA, or at another location mutually agreed upon by the parties.

12.3 Class Action Waiver

YOU AND SWAPFLOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and SwapFlow agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

12.4 Exceptions

Notwithstanding the foregoing, 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. Additionally, claims that are within the jurisdiction of a small claims court may be brought in such court.

12.5 Opt-Out

You may opt out of the arbitration agreement and class action waiver by sending written notice to support@swapflow.top within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration agreement.

13. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts located in Delaware for any legal proceedings arising out of these Terms.

14. Term and Termination

14.1 These Terms are effective until terminated by you or SwapFlow.

14.2 You may terminate your account at any time by following the account deletion process in your account settings or by contacting our support team.

14.3 We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

14.4 Upon termination: (a) your right to use the Services will immediately cease; (b) we may delete your account and all associated data, subject to legal retention requirements; (c) any provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SwapFlow regarding the Services and supersede all prior agreements and understandings.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by SwapFlow.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

15.5 Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services ("Feedback"). By submitting Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free license to use and exploit the Feedback for any purpose without any compensation or acknowledgment to you.

15.6 Force Majeure

SwapFlow shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16. Geographic Restrictions and Supplemental Terms

The Services are intended for users worldwide, but may be subject to export controls and economic sanctions regulations. You agree not to use the Services if you are located in, or are a national or resident of, any country subject to U.S. trade sanctions, or if you are on any U.S. government restricted parties list.

If you are located in certain jurisdictions, the following supplemental terms may apply:

European Union Users

Nothing in these Terms affects any statutory rights that cannot be waived or limited under applicable EU consumer protection laws. The arbitration and class action waiver provisions may not apply to you to the extent prohibited by EU law.

California Users

If you are a California resident, you waive California Civil Code Section 1542, which says: 'A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.'

17. Contact Information

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

Email: support@swapflow.top

Website: https://www.swapflow.top