Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of SwayBlu, including our website and web application (the "Service"). By using the Service, you agree to these Terms and our Privacy Policy.

Company: SwayBlu (ABN 43 484 422 063) ("SwayBlu", "we", "us", "our")
Contact: support@swayblu.com

If you do not agree, do not use the Service.

2. Eligibility and accounts

• You must be at least 18 years old (or the age of majority where you live).
• You must provide accurate information and keep it updated.
• You are responsible for all activity under your account and for keeping credentials secure.
• If you use SwayBlu on behalf of a business, you represent you have authority to bind that business.

3. The Service

SwayBlu helps you create, store, schedule, publish, and analyse social media content through integrations with third-party platforms (for example, Facebook/Instagram).

Third-party platforms are not controlled by SwayBlu. Availability of features depends on those platforms and their APIs, permissions, and policies.

4. Your content and permissions

4.1 Your ownership

You retain ownership of content you upload or create ("Customer Content").

4.2 License to operate the Service

You grant SwayBlu a limited, worldwide, non-exclusive license to host, store, process, transmit, and display Customer Content only to provide and improve the Service (including publishing to your connected social platforms as you instruct).

4.3 Your responsibilities

You are responsible for ensuring:

• you have all rights needed to upload and publish Customer Content
• your content complies with all applicable laws and the rules/terms of the connected social platforms
• you do not upload sensitive personal information unless you have a lawful basis and clear need

5. Acceptable use (prohibited activities)

You must not:

• use the Service for illegal, harmful, or abusive activities
• post or distribute content that is defamatory, harassing, hateful, or infringes IP rights
• attempt to bypass security, rate limits, or access controls
• reverse engineer, scrape, or disrupt the Service (except where legally permitted)
• use the Service to send spam or unsolicited communications
• introduce malware or attempt unauthorised access to any systems

We may suspend or terminate accounts for violations.

6. AI Improvement Program

SwayBlu may offer AI features (trend insights, recommendations, creative assistance). As described in the Privacy Policy, SwayBlu may use:

• aggregated/de-identified usage and performance data for product improvement
• user content and brand inputs for AI improvement only under the AI Improvement Program setting

Default status: enabled by default only where permitted by law; some regions require explicit opt-in.

You can change this anytime in Settings.

7. Integrations with third-party platforms

When you connect a social platform:

• you authorise SwayBlu to access the data and perform actions permitted by the permissions you grant
• you understand the platform may limit or revoke access at any time
• you agree to comply with that platform's terms and policies

8. Plans, billing, and renewals

If you choose a paid plan:

• fees, billing cycle, and included limits are shown at purchase/checkout
• subscriptions auto-renew unless cancelled before the renewal date
• taxes may apply depending on your location
• fees are non-refundable except where required by law

Free trials (if offered) may convert to paid plans unless cancelled before the trial ends.

9. Suspension and termination

9.1 By you

You may cancel at any time through account settings (if available) or by contacting support.

9.2 By us

We may suspend or terminate access if:

• you violate these Terms
• your use risks harm to the Service, other users, or third parties
• we must do so to comply with law

9.3 Effect of termination

Upon termination:

• your right to use the Service ends
• scheduled posts may be cancelled
• data handling follows our Privacy Policy and Data Deletion page

10. Intellectual property

SwayBlu owns the Service, including software, design, trademarks, and all related IP (excluding Customer Content). You may not copy, modify, distribute, or create derivative works of the Service except as allowed by law.

11. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.

SwayBlu does not guarantee:

• uninterrupted or error-free operation
• that third-party platforms will maintain integrations or API access
• any specific results from scheduling, analytics, or recommendations

12. Limitation of liability

To the maximum extent permitted by law:

• SwayBlu is not liable for indirect, incidental, special, consequential, or punitive damages
• SwayBlu's total liability for any claim is limited to the amount you paid to SwayBlu in the 12 months before the event giving rise to the claim (or AUD $100 if you have not paid anything), unless the law requires otherwise

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies consumer guarantees or other rights that cannot be excluded under applicable law.

13. Indemnity

You agree to indemnify and hold harmless SwayBlu from claims arising out of:

• your Customer Content
• your violation of these Terms
• your misuse of the Service
• your violation of third-party rights or platform policies

14. Changes to the Service or Terms

We may update the Service and these Terms. If we make material changes, we will update the "Last updated" date and may provide additional notice. Continued use after changes means you accept the updated Terms.

15. Governing law and venue

These Terms are governed by the laws of New South Wales, Australia (excluding conflict of laws rules). Courts located in New South Wales have exclusive jurisdiction, subject to any non-excludable rights under applicable law.

16. Contact