Brand Client Terms

1. Acceptance, Scope, and Priority

These Brand Client Terms (“Brand Terms”) apply when a brand, company, agency, or other business representative (“Brand” or “you”) accesses or uses Swaya to discover, contact, invite, or partner with student organizations. These Brand Terms supplement Swaya’s general Terms of Service. An accepted campaign or partnership agreement may include campaign-specific scope, compensation, deliverables, deadlines, usage rights, approvals, and cancellation terms. For those campaign-specific terms, the accepted agreement controls. These Brand Terms control over the general Terms for Brand accounts, subscriptions, fees, and Brand responsibilities. The general Terms otherwise continue to apply.

2. Eligibility, Authority, and Brand Accounts

You must be at least 18 years old and legally able to enter into a binding agreement. You represent that you are authorized to act for and bind the Brand associated with your account.

You agree to provide accurate, current information, maintain the security of your account, and keep account access limited to authorized team members. Swaya may request business, identity, authority, tax, or payment information reasonably necessary to verify an account, purchase, payout, or transaction.

3. Opportunities and Campaign Instructions

You are responsible for accurately describing each opportunity, including eligibility, compensation, products, deadlines, deliverables, content or posting requirements, usage rights, approval processes, restrictions, and other material terms. You must provide participating organizations with the information and instructions reasonably necessary to complete the campaign lawfully and safely.

You may not publish or direct an opportunity that is deceptive, discriminatory, unlawful, unsafe, infringing, or inconsistent with applicable school policies. You may not require a student organization to make a statement it does not honestly hold or to make an objective product or performance claim that you cannot substantiate.

4. Advertising, Endorsements, and Disclosures

You are responsible for the accuracy and substantiation of advertising claims, campaign briefs, talking points, product statements, and other materials you provide. You must identify any claims that participants may or may not make and must not instruct a participant to conceal a sponsorship, payment, free product, discount, perk, or other material connection.

You must provide appropriate disclosure instructions and require clear and conspicuous disclosures wherever applicable law or platform rules require them. A disclosure feature offered by Swaya or a social platform does not replace your responsibility to assess the campaign, train participants as appropriate, reasonably monitor content created at your direction, and address content that is misleading, unsupported, or inadequately disclosed.

5. Brand and Student-Organization Relationships

Swaya helps Brands and student organizations discover and manage opportunities. Unless a separate written agreement expressly states otherwise, the Brand and student organization remain independent parties responsible for evaluating each other, accepting partnership terms, obtaining required approvals, and fulfilling their commitments.

An invitation, application, profile view, save, follow, or message does not by itself create a partnership. A partnership becomes active when the applicable parties accept an agreement or otherwise expressly confirm its terms through Swaya.

6. Brand Materials and Campaign Content Rights

You retain ownership of logos, trademarks, campaign briefs, product images, and other materials you provide (“Brand Materials”). You grant Swaya and the participating student organization a limited, non-exclusive license to use Brand Materials as reasonably necessary to operate, evaluate, perform, document, and promote the applicable opportunity, subject to the accepted agreement and your written instructions.

Unless an accepted agreement expressly provides otherwise, a student organization retains ownership of the photos, videos, posts, testimonials, designs, and other deliverables it creates. Any license, transfer, exclusivity period, editing right, paid-media right, geographic scope, or term for Brand use must be stated in the accepted agreement. You may not use campaign content beyond those granted rights.

You represent that you have all rights and permissions necessary for the Brand Materials, campaign instructions, products, music, claims, and other items you provide, and that their authorized use will not violate another person’s intellectual-property, privacy, publicity, confidentiality, or contractual rights.

7. Plans, Billing, and Automatic Renewal

Brand plans may include Free, Launch, Growth, custom, or other plans presented by Swaya. The price, billing frequency, included features, usage limits, platform fees, renewal terms, and any trial or promotional terms will be disclosed before you confirm a purchase.

Paid subscriptions automatically renew for the billing period shown at checkout until canceled. By confirming a paid subscription, you authorize Swaya and its payment provider to charge the selected payment method at the start of each billing period for the subscription price and applicable taxes. Swaya or its payment provider will provide a post-purchase confirmation or receipt containing or linking to the material subscription terms.

You may cancel an eligible subscription at any time through Brand account settings or the Stripe billing portal. Cancellation prevents the next renewal, and the paid plan ordinarily remains available through the end of the current billing period. Amounts already charged are not automatically refundable except where required by law or expressly stated at purchase. Any immediate price, plan, or billing change will be shown before confirmation; other changes ordinarily take effect at the next billing period.

8. Campaign Fees, Payments, and Taxes

You agree to pay the platform, transaction, processing, compensation, reimbursement, and other charges disclosed before confirming an applicable purchase, opportunity, or payment. Paid opportunities and related compensation must be processed through Swaya or its designated payment provider unless Swaya provides prior written approval.

Swaya uses third-party payment providers, including Stripe. Those providers may require additional terms, identity verification, tax information, banking information, or compliance review. You authorize Swaya and its payment provider to charge, hold, release, refund, reverse, or otherwise process amounts as necessary to administer an accepted agreement, address a dispute or chargeback, comply with law, or satisfy payment-provider requirements.

You are responsible for taxes, chargebacks, penalties, and other amounts attributable to your purchases, campaigns, products, or activity, except taxes imposed on Swaya’s net income.

9. Cancellations, Refunds, and Incomplete Partnerships

After an agreement is accepted, cancellation and refund eligibility depend on that agreement, work completed or approved, funds already transferred, products shipped, documented expenses, chargebacks, and nonrecoverable costs. Payments are not automatically refundable.

Approved work, transferred funds, shipped products, or documented expenses may still need to be honored after cancellation. If a Brand does not pay or an organization does not complete agreed work, the affected party should promptly communicate through Swaya and provide relevant records.

10. Products, Safety, and Regulated Campaigns

You are responsible for the legality, safety, quality, labeling, warnings, instructions, claims, approvals, and regulatory compliance of products or services supplied through a campaign. You must promptly notify Swaya and affected organizations of a recall, safety issue, material defect, or legal restriction and provide appropriate instructions for stopping distribution, use, or promotion.

You may not offer counterfeit, recalled, unlawfully marketed, or unsafe products. Campaigns involving alcohol, tobacco, nicotine, cannabis, gambling, financial products, health claims, sweepstakes, or other regulated or age-restricted subjects require Swaya’s prior approval and must include all legally required eligibility controls, disclosures, licenses, and restrictions. Swaya may reject or remove a campaign that creates legal, safety, reputational, or operational risk.

11. Shipping and Events

You are responsible for accurately describing products, quantities, shipping requirements, expected delivery timing, and restrictions on use or distribution. Responsibility for a lost, damaged, delayed, or returned shipment depends on the accepted agreement, applicable law, and the carrier’s terms. Swaya does not control third-party shipping carriers.

Where a campaign involves an event, you must clearly disclose Brand requirements and any product, staffing, installation, insurance, or promotional conditions. Student organizations remain responsible for school and venue approvals unless the accepted agreement assigns a particular responsibility to the Brand.

12. Disputes and Swaya’s Role

Swaya may review platform records, preserve funds where permitted, and facilitate communication between a Brand and student organization. Swaya does not guarantee either party’s performance or a particular dispute outcome and is not responsible for commitments made outside an accepted agreement. Swaya’s review does not prevent a party from pursuing rights available under an agreement or applicable law.

13. Suspension and Termination

Swaya may restrict or terminate Brand access when reasonably necessary to protect users, address product or campaign risk, investigate misuse, address nonpayment, enforce these Brand Terms, comply with law, or satisfy provider requirements. Obligations concerning accrued payments, fees, accepted partnerships, content rights, indemnification, enforcement, and dispute records survive account suspension or termination.

14. Brand Indemnification

In addition to the indemnification obligations in the general Terms, to the fullest extent permitted by law, you will defend, indemnify, and hold harmless Swaya and its affiliates, officers, employees, and agents from claims, losses, liabilities, damages, judgments, recalls, regulatory actions, costs, and reasonable attorneys’ fees arising from or related to your products or services; Brand Materials; advertising claims or instructions; campaign eligibility or targeting; infringement or misuse of intellectual-property, privacy, or publicity rights; failure to make or require legally sufficient disclosures; or your violation of an accepted agreement, these Brand Terms, or applicable law.

15. Governing Terms and Changes

The governing-law and venue provisions in Swaya’s general Terms apply to these Brand Terms, including New York law and the specified courts in Kings County, New York, or the United States District Court for the Eastern District of New York.

Swaya may update these Brand Terms as the platform, pricing, or applicable law develops. Updated terms will be posted on this page with a revised effective date. If a change is material, Swaya will provide additional notice as appropriate. Changes apply prospectively unless otherwise required by law or agreed in writing.

16. Contact Us

Questions about these Brand Terms, billing, or campaign compliance may be sent to team@getswaya.com.