Terms of Service

Welcome to SwayMee!

Last Updated: June 15, 2021

These Terms of Service ("Terms") are a binding legal agreement between you and SwayMee that govern your access to and use of the SwayMee website and mobile application, including any content, functionality and services offered on or through www.SwayMee.com or the SwayMee mobile application (the "Site") by SwayMee Inc. (2817 WEST END AVENUE STE 126 232, NASHVILLE, TN 37203). SwayMee Inc is referred herein as "SwayMee" "we" or "us" and “you” or “user” means you as an user of the Site.

Agreeing to Terms

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and our Privacy Policy, found here each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein. This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the SwayMee services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. Contacting our Customer Support team can be performed by email support@swaymee.com.

  1. You must register an account (“ Business Account” or User Account”) to access and use certain features of the SwayMee platform, such as launching an ad campaign. If you are registering an SwayMee Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms of Service. In order to act as a verified business on the SwayMee platform additional information must be provided to validate that user’s operations as a business with legal documentation.

    1. You can register a SwayMee Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google

    2. You must provide accurate, current and complete information during the registration process and keep your SwayMee Account and user profile page information up-to-date at all times.

    3. You may not register more than one (1) SwayMee Account unless SwayMee authorizes you to do so. You may not assign or otherwise transfer your SwayMee Account to another party.

    4. You are responsible for maintaining the confidentiality and security of your SwayMee Account credentials and may not disclose your credentials to any third party. You must immediately notify SwayMee if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your SwayMee Account. You are liable for any and all activities conducted through your SwayMee Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

  2. Our Mission

    Our mission is to provide advertisement opportunities that are less invasive and burdensome to their possible future customers. We want to provide a space where customers and businesses can coexist in a mutually beneficial fashion where customers are actively looking for deals, products, and services and advertisements are an expected media rather than an interruption.

  3. Verifying your Business

    In order to keep our platform a useful and enjoyable space for customers, SwayMee requires that businesses be verified via our process before they can begin running advertising campaigns on our app. To do so users will be required to present certain certifying documentation to obtain a “Verified” status. This Status is necessary to utilize certain functions of the SwayMee platform

  4. Verified Status

    Verified Status allows Business to run advertisement campaigns and for their Business Profile to be viewable on our App. SwayMee retains the right to revoke Verified Business Status to our discretion. Such reasons for revoking status would be but are not limited to:

    • Policy violations

    • Repeated infringement of SwayMee or other intellectual properties

    • Repeated infringement of Explicit Content Policy

  5. Creating Advertisement Campaigns

    An Advertisement Campaign is an agreement between the Business User and SwayMee to perpetuate selected media on our platform for a selected duration that targets selected app users to spread awareness and collect interactions. SwayMee collects and shares analytics of Advertisement Campaigns with Business users. To create an Advertisement Campaign, Business Users are solely responsible for creating media that is in accordance with SwayMee TOS and content policies and payment of campaign if applicable. The duration of a Campaign Is selected in the unit of Days and a prorated rate is attributed to days where an advertisement's availability does not span a full 24 hours.

    • Policy violations

    • Repeated infringement of SwayMee or other intellectual properties

    • Repeated infringement of Explicit Content Policy

  6. Scheduling an Advertisement Campaign: Work in progress

    1. Pick ad type

      1. Image

      2. Carousel

      3. Gif *animated*

      4. Poll

    2. Upload media

    3. Base selection

    4. Targeting selection

    5. Date selection

  7. Canceling an Advertisement Campaign

    1. Delete button on ad

      1. When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Privacy Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.

      2. Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:

        • where your content has been used by others in accordance with this license and they have not deleted it

        • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible

        • where deletion would restrict our ability to:

          • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems)

          • protect the safety and security of our products, systems, and users

          • comply with a legal obligation, such as the preservation of evidence

          • comply with a request of a judicial or administrative authority, law enforcement or a government agency

  8. Prorate

  9. Limited liability

    Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We also don't control what people and others do or say, and we aren't responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren't responsible for services and features offered by other people or companies, even if you access them through our Service. Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

  10. Who Can use the SwayMee App

    We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Instagram community.

    1. You must be at least 13 years old.

    2. You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing

    3. We must not have previously disabled your account for violation of law or any of our policies

  11. Actions not allowed on the SwayMee platforms

    1. You can't impersonate others or provide inaccurate information

      • The information you provide to complete your profile does not need to be personally identifying. However, the information must be accurate and as up to date as possible. Also you may not impersonate or give users the impression you are someone you are not or do not have the permission to operate as.

    2. You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.

    3. You can't violate (or help or encourage others to violate) these Terms or our policies

    4. You can't do anything to interfere with or impair the intended operation of the Service

    5. You can't attempt to create accounts or access or collect information in unauthorized ways.

      • This includes using automate means such as bots

    6. You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property

    7. You can't use a domain name or URL in your username without our prior written consent.

  12. Permissions you grant us

    As part of our agreement, you also give us permissions that we need to provide the Service

    1. Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.

      1. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow.

    2. We do not claim ownership of your content, but you grant us a license to use it.

      1. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Privacy Policy.

    3. You agree that we can download and install updates to the Service on your device.

  13. Intellectual property protection

    1. SwayMee Inc respects the intellectual property rights of others and we expect our users to do the same. It is SwayMee’s policy, in appropriate circumstances and at our discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by contacting our support team. Upon receipt of the notice, SwayMee will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application

    2. The SwayMee Platform, SwayMee Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the SwayMee Platform and SwayMee Content, including all associated intellectual property rights, are the exclusive property of SwayMee and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SwayMee Platform, SwayMee Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of SwayMee used on or in connection with the SwayMee Platform and SwayMee Content are trademarks or registered trademarks of SwayMee in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the SwayMee Platform, SwayMee Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

  14. User Contributions and Content Standards

    1. User submitted content must follow the following regulations

      1. Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

      2. Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

      3. Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.

      4. Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.

      5. Not be likely to deceive any person.

      6. Not promote any illegal activity, or advocate, promote or assist any unlawful act.

      7. Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.

      8. Not give the impression that they emanate from us or any other person or entity, if this is not the case.

      9. Not used, if public, as test empty documents with no actual content, or typing exercises: please respect our community and help us minimize the clutter!

  15. Updating These Terms

    We may change our Services and Policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here.