Terms of Service

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to use the Services. The Services are intended for authorized representatives of college and university student organizations and for authorized representatives of brands and other businesses. The Services are not directed to children under 13.

If you use Swaya for a student organization, you are responsible for obtaining any approvals required by your school, governing organization, chapter, advisor, or other authority. If you use Swaya for a brand or business, you represent that you are authorized to act for that organization.

2. Accounts and Account Security

You must provide accurate, current, and complete information and keep it updated. You may not impersonate another person or organization, create an account for an organization without permission, share credentials with unauthorized persons, or transfer an account without our written approval.

You are responsible for activity conducted through your account and for keeping your credentials secure. Notify us promptly at team@getswaya.com if you believe an account has been accessed without authorization. We may request information reasonably necessary to verify identity, organizational authority, eligibility, payment status, or account ownership.

3. What Swaya Does

Swaya provides tools that help brands and student organizations discover one another, create and review opportunities, communicate, exchange invitations and applications, document agreements and deliverables, coordinate products and shipments, submit and review work, and facilitate certain payments and reimbursements.

Swaya is a technology platform and is not a party to a partnership between a brand and a student organization unless a separate written agreement expressly says otherwise. We are not an employer, employee, agent, joint venturer, school, bank, insurer, shipping carrier, or legal representative of any user. Users are responsible for evaluating one another, obtaining required approvals, negotiating and honoring their commitments, and complying with applicable laws, advertising rules, disclosure requirements, and school policies.

An invitation, application, profile view, follow, save, or message does not by itself create a partnership. A partnership is formed only when the applicable parties accept an agreement or otherwise expressly confirm terms through the Services.

4. Profiles, Opportunities, Events, and Applications

You are responsible for information and materials you publish or submit through the Services. Brand opportunities must accurately describe material eligibility requirements, compensation, products, deliverables, deadlines, content or posting requirements, usage rights, restrictions, and other relevant terms. Student-organization profiles and events must accurately describe the organization, affiliation, audience, activities, event details, and any required approvals.

Swaya does not guarantee that a profile, event, opportunity, invitation, application, or partnership will receive interest, be accepted, produce any particular result, or remain available. We may review, reject, limit, or remove content or activity that violates these Terms or may create legal, safety, fraud, reputational, or operational risk.

5. Agreements and Partnership Performance

Users are responsible for reviewing an agreement before accepting it. Accepted agreements may include deliverables, compensation, products, expenses, deadlines, content usage rights, approval requirements, and cancellation terms. If an accepted agreement conflicts with these general Terms concerning the specific partnership, the accepted agreement controls for that partnership, except that it may not override restrictions concerning unlawful conduct, platform security, payment processing, or Swaya’s ownership rights.

Each party is responsible for its own performance. Swaya may provide workflow tools, records, notifications, and support, but does not guarantee performance, product delivery, content approval, audience results, payment eligibility, or resolution of a dispute.

6. Brand-Specific Terms

Brands and business users are also subject to the Brand Client Terms, including provisions concerning fees, payments, non-circumvention, pre-existing relationships, buyout requests, products, cancellations, disputes, and enforcement. If the Brand Client Terms conflict with these Terms regarding a brand opportunity or brand–student organization partnership, the Brand Client Terms control.

7. Fees, Subscriptions, and Payment Processing

Certain features may require a paid plan, platform fee, transaction fee, processing fee, compensation payment, reimbursement, or other charge. Prices and material payment terms will be disclosed before purchase or confirmation.

Paid brand plans may renew automatically for the billing period shown at checkout until canceled. Before a user enrolls, Swaya will disclose the price, billing frequency, renewal terms, and cancellation method. Users authorize Swaya and its payment provider to charge the selected payment method for applicable amounts. Users may manage or cancel an eligible subscription through the account settings or the payment-provider portal. Cancellation ordinarily prevents future renewal and does not automatically refund amounts already charged, except where required by law or expressly stated at purchase.

Swaya uses third-party payment providers, including Stripe, to process subscriptions, payments, and payouts. Payment providers may require additional terms, identity verification, tax information, banking information, or compliance review. Swaya does not directly store complete payment-card or bank-account numbers when those details are collected directly by the payment provider.

You are responsible for taxes, chargebacks, penalties, and other amounts attributable to your activity, except taxes imposed on Swaya’s net income. We may offset, withhold, reverse, or delay a payment where reasonably necessary to address fraud, disputes, refunds, chargebacks, sanctions, legal requirements, payment-provider requirements, or suspected violations.

8. Payouts, Reimbursements, and Taxes

Student organizations must complete required payout onboarding before receiving eligible payments. Payout timing may depend on payment-provider review, agreement status, completed work, approvals, disputes, refunds, and banking networks.

Reimbursement requests must be accurate, related to the applicable partnership, supported by legitimate receipts or documentation, and submitted within any stated deadline. Approval is not guaranteed.

Users are responsible for determining and satisfying their own tax, accounting, reporting, licensing, and organizational obligations. Swaya does not provide tax, legal, or accounting advice.

9. Products, Shipping, and Events

Brands are responsible for accurately describing products and shipping requirements. Student organizations are responsible for providing accurate delivery information and using products consistently with the accepted agreement. Responsibility for loss, damage, delay, recall, misuse, or return depends on the accepted agreement, applicable law, and the carrier’s terms. Swaya does not control third-party carriers.

Student organizations are responsible for event permissions, venue requirements, insurance, safety, accessibility, alcohol or food rules, attendee conduct, and compliance with school policies and applicable law. Swaya does not organize, supervise, or control user events unless separately agreed in writing.

10. Cancellations, Refunds, and Disputes

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

Users should first communicate through Swaya and provide relevant records. Swaya may review platform records and facilitate communication, but is not required to decide a dispute and does not guarantee a particular outcome. We may take reasonable steps to preserve funds, restrict activity, or protect users while a matter is reviewed.

11. User Content

“User Content” includes profile information, logos, photos, event information, opportunities, applications, messages, files, submissions, agreements, receipts, shipment information, social links, and other content submitted through the Services.

You retain ownership of your User Content. You grant Swaya a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, display, transmit, and otherwise use User Content as reasonably necessary to operate, secure, support, and improve the Services and to make content available to the audiences you select. This license ends when the content is deleted, except where continued retention or use is reasonably necessary for legal compliance, security, backups, dispute records, payment records, or completed partnership documentation.

You represent that you have the rights and permissions needed to submit User Content and that our permitted use will not violate another person’s intellectual-property, privacy, publicity, confidentiality, or contractual rights. You may not upload sensitive personal information unless the feature expressly requests it and it is necessary for the stated purpose.

12. Communications

The Services may allow users to send messages, invitations, applications, agreements, notifications, and files. Use these features only for legitimate Swaya-related activity. Do not send spam, harassment, threats, deceptive solicitations, malware, or content that violates law or another person’s rights.

We may send transactional and service communications relating to accounts, security, partnerships, payments, support, or policy changes. Where permitted, we may also send product or marketing updates. You may opt out of marketing messages, but not essential service communications.

13. Acceptable Use

You may not:

• use the Services for fraud, unlawful conduct, harassment, discrimination, exploitation, or unsafe activity;
• provide false, misleading, infringing, defamatory, or deceptive content;
• misrepresent compensation, deliverables, audience, affiliation, authority, event details, or performance;
• violate advertising-disclosure, consumer-protection, sanctions, anti-bribery, sweepstakes, alcohol, tobacco, cannabis, financial-promotion, or other applicable rules;
• scrape, crawl, reverse engineer, probe, disrupt, overload, or bypass security or access controls except where applicable law expressly permits;
• upload malware or attempt unauthorized access to accounts, systems, or data;
• use data obtained through Swaya to build unauthorized lists, profiles, or competing databases;
• disclose confidential or personal information without authorization; or
• help another person violate these Terms.

14. Swaya Intellectual Property

The Services, including Swaya’s software, designs, branding, text, graphics, interfaces, and documentation, are owned by Swaya or its licensors and protected by intellectual-property laws. Subject to these Terms, Swaya grants you a limited, revocable, non-exclusive, non-transferable right to use the Services for their intended purpose. No other rights are granted.

If you provide feedback, you grant Swaya a perpetual, worldwide, royalty-free right to use it without restriction or compensation.

15. Third-Party Services

The Services may integrate with third parties such as identity providers, payment processors, hosting providers, mapping tools, email providers, file-preview tools, and external websites. Third-party services are governed by their own terms and privacy practices. Swaya is not responsible for third-party services or for actions a user takes outside Swaya.

16. Suspension, Termination, and Account Deletion

You may stop using the Services or request account deletion through available settings or by contacting us. We may restrict, suspend, or terminate access where reasonably necessary to protect users or Swaya, address nonpayment, prevent fraud or misuse, investigate a violation, comply with law or provider requirements, or enforce an agreement.

Deletion may be delayed or limited where records must be retained for payments, taxes, fraud prevention, security, disputes, legal obligations, backups, or completed partnerships. Provisions that by their nature should survive—including payment obligations, accepted agreements, ownership, licenses needed for retained records, disclaimers, limitations of liability, indemnity, non-circumvention, and dispute terms—survive termination.

17. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available.” Swaya disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Services will be uninterrupted, secure, accurate, error-free, or produce a particular result.

Swaya does not endorse or guarantee any user, school affiliation, opportunity, event, product, content, audience, partnership, payment, or result. You are responsible for conducting appropriate diligence and making your own decisions.

18. Limitation of Liability

To the fullest extent permitted by law, Swaya and its affiliates, officers, employees, agents, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, business, or opportunities arising from or related to the Services.

To the fullest extent permitted by law, Swaya’s total liability arising from or related to the Services will not exceed the greater of (a) the amount you paid directly to Swaya during the 12 months before the event giving rise to the claim or (b) $100. These limitations do not apply where prohibited by law.

19. Indemnification

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, costs, and reasonable attorneys’ fees arising from your User Content, your organization’s activities, your use of the Services, your violation of these Terms or an accepted agreement, or your violation of another person’s rights or applicable law. Swaya may control the defense of a covered claim, and you agree to cooperate reasonably.

20. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Subject to any rights that cannot lawfully be waived, disputes arising from these Terms or the Services will be brought exclusively in the state courts located in Kings County, New York, or the United States District Court for the Eastern District of New York, and each party consents to those courts’ jurisdiction.

21. Changes to the Services or Terms

We may modify the Services and these Terms as the platform develops. We will post updated Terms and revise the effective date. If a change is material, we will provide additional notice as appropriate. Changes apply prospectively unless otherwise stated or required by law. Continued use after updated Terms take effect constitutes acceptance where permitted by law.

22. General Terms

These Terms, the Privacy Policy, the Brand Client Terms where applicable, accepted partnership agreements, and any additional terms presented for a feature form the agreement concerning the Services. If a provision is unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; Swaya may assign them in connection with a merger, financing, reorganization, or sale of assets. Headings are for convenience only.

23. Contact Us

Questions about these Terms may be sent to Swaya at team@getswaya.com.