Brand Client Terms

1. Acceptance and Scope

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. If these Brand Terms conflict with the general Terms regarding brand opportunities, payments, or partnerships, these Brand Terms control.

2. Authority and Brand Accounts

You represent that you are authorized to act for the Brand associated with your account. You agree to provide accurate, current information and to keep account access limited to authorized team members. Swaya may request business, identity, or payment information to verify an account or transaction.

3. Opportunities and Brand Responsibilities

You are responsible for accurately describing each opportunity, including eligibility, compensation, products, deadlines, deliverables, usage rights, posting requirements, and any material restrictions. You may not publish an opportunity that is deceptive, discriminatory, unlawful, unsafe, or inconsistent with applicable school policies.

4. 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, or message does not by itself create a partnership. A partnership becomes active when the applicable parties accept its agreement or otherwise confirm the opportunity through Swaya.

5. Fees and Payments

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

Payment and refund eligibility may depend on the accepted agreement, work completed or approved, funds already transferred, shipped products, and documented nonrecoverable costs. Payments are not automatically refundable.

6. Non-Circumvention

Swaya invests in identifying, verifying, and connecting Brands with student organizations. You may not use a relationship first established through Swaya to enter into or perform a partnership outside the platform for the purpose or effect of avoiding Swaya’s subscriptions, platform fees, transaction fees, or other applicable charges.

A relationship is considered established through Swaya when a Brand and student organization first meaningfully connect through an application, invitation, message, agreement, profile inquiry, or opportunity. This applies regardless of whether the organization was ultimately selected for or completed the original opportunity.

For 24 months following that initial connection, partnerships arising from the relationship must remain documented and managed through Swaya unless Swaya provides prior written approval or the applicable buyout fee is paid. A partnership includes an arrangement involving money, sponsorships, products, gift cards, reimbursements, services, event support, promotional benefits, discounts, commissions, referrals, or other consideration.

This restriction does not prevent the parties from communicating, coordinating events, shipping products, or completing campaign activities outside the platform when those activities are connected to an opportunity being managed through Swaya.

7. Pre-Existing Relationships

The non-circumvention restriction does not apply when the Brand and student organization had a legitimate relationship before connecting through Swaya and can provide reasonable documentation of that relationship. Merely knowing that an organization exists, following it on social media, or possessing a member’s contact information does not necessarily establish a pre-existing business relationship.

8. Buyout Fee

You may request to move a relationship with a student organization off Swaya by obtaining prior written approval and paying a one-time buyout fee of $2,500. The buyout fee applies once per Brand–organization relationship and does not apply separately to each officer, member, chapter representative, or Brand employee involved.

The buyout fee must be paid before the off-platform partnership begins. Once paid, the parties may manage that relationship independently, and Swaya will no longer provide payment processing, agreement records, deliverable tracking, support, or dispute assistance for that off-platform relationship.

9. Circumvention and Enforcement

If you begin a covered off-platform partnership without Swaya’s written approval or payment of the buyout fee, the $2,500 fee becomes due and payable within 30 days after the off-platform partnership or activity begins.

Swaya may also invoice unpaid platform fees associated with the partnership, restrict or suspend accounts, remove access to current or future opportunities, and pursue other remedies available under these Brand Terms and applicable law. Swaya may consider messages, agreements, payment records, shipment information, social posts, event materials, and other relevant documentation when reviewing suspected circumvention.

When reasonably practicable, Swaya will notify the affected Brand and provide an opportunity to submit relevant information before making a final account-enforcement decision. Swaya may act immediately when reasonably necessary to prevent fraud, misuse, or harm.

10. Products and Shipments

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

11. Cancellations and Incomplete Partnerships

After an agreement is accepted, cancellation depends on the agreement and the work already completed. Approved work, transferred funds, shipped products, or documented expenses may still need to be honored. If a Brand does not pay or an organization does not complete the agreed work, the affected party should promptly provide Swaya with relevant records.

12. Disputes and Swaya’s Role

Swaya may review platform records 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.

13. Suspension and Termination

Swaya may restrict or terminate Brand access when reasonably necessary to protect users, investigate misuse, address nonpayment, enforce these Brand Terms, or comply with law. Obligations concerning accrued payments, fees, accepted partnerships, non-circumvention, and enforcement survive account suspension or termination.

14. Changes to These Brand Terms

Swaya may update these Brand Terms as the platform develops. Updated terms will be posted on this page with a revised effective date. Material changes will apply prospectively unless otherwise required by law or agreed in writing.

15. Contact Us

Questions, pre-existing relationship disclosures, and buyout requests may be sent to team@getswaya.com.