Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing or using Swynd's services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access or use our services.

These Terms apply to all visitors, users, and others who access or use our service, including but not limited to individuals, businesses, and organizations.

2. Description of Service

Swynd provides an AI-powered social media automation platform that enables users to:

  • Generate content using artificial intelligence
  • Schedule and publish posts across multiple social media platforms
  • Analyze performance and engagement metrics
  • Collaborate with team members on content creation
  • Access analytics and insights about social media performance

Our service is provided "as is" and we reserve the right to modify, suspend, or discontinue any aspect of the service at any time.

3. User Accounts and Registration

Account Creation

To use our services, you must create an account by providing accurate and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Ensuring your account information remains current and accurate

Eligibility

You must be at least 18 years old to use our services. By using our services, you represent and warrant that you meet this age requirement.

Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason at our sole discretion.

4. Acceptable Use Policy

You agree not to use our services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Post, share, or distribute illegal, harmful, or offensive content
  • Engage in spam, harassment, or abusive behavior
  • Impersonate others or provide false information
  • Interfere with or disrupt our services or servers
  • Attempt to gain unauthorized access to our systems
  • Use our services for competitive intelligence or benchmarking
  • Reverse engineer, decompile, or disassemble our software
  • Create derivative works based on our services
  • Use automated tools to access our services without permission

5. Content and Intellectual Property

Your Content

You retain ownership of all content you create, upload, or share through our services. By using our services, you grant us a limited, non-exclusive license to:

  • Store, process, and display your content as necessary to provide our services
  • Use your content to train and improve our AI algorithms (anonymized and aggregated)
  • Share your content with connected social media platforms as directed by you

Our Intellectual Property

Swynd and its services, including all software, algorithms, designs, and content, are protected by intellectual property laws. You may not:

  • Copy, modify, or distribute our proprietary technology
  • Use our trademarks, logos, or branding without permission
  • Create competing services using our intellectual property

AI-Generated Content

Content generated by our AI tools is provided to you under a license for your use. You are responsible for ensuring that AI-generated content complies with applicable laws and platform policies.

6. Payment Terms

Subscription Plans

Our services are offered through various subscription plans with different features and pricing. By subscribing, you agree to:

  • Pay all applicable fees as described in your chosen plan
  • Automatic renewal unless you cancel before the renewal date
  • Price changes with 30 days' notice for existing subscribers

Free Trial

We offer a 14-day free trial for new users. No payment information is required to start your trial. At the end of the trial period, you must choose a paid plan to continue using our services.

Refunds

We offer refunds within 30 days of purchase for annual plans. Monthly subscriptions are non-refundable. Refunds are processed within 5-10 business days.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

8. Third-Party Integrations

Our services integrate with various third-party social media platforms and services. You acknowledge that:

  • Third-party services have their own terms of service and privacy policies
  • We are not responsible for third-party service availability or functionality
  • Changes to third-party APIs may affect our service functionality
  • You must comply with all applicable third-party terms and policies

9. Disclaimers and Limitations of Liability

Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to maintenance, updates, or technical issues.

AI-Generated Content

AI-generated content is provided as-is and may not always be accurate, appropriate, or suitable for your needs. You are responsible for reviewing and approving all content before publication.

Limitation of Liability

To the maximum extent permitted by law, Swynd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

10. Indemnification

You agree to indemnify and hold harmless Swynd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you create, upload, or share through our services

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our services will be resolved through binding arbitration in San Francisco, California.

You waive any right to participate in class action lawsuits or class-wide arbitration against Swynd.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

  • Posting updated Terms on our website
  • Sending email notifications to registered users
  • Displaying prominent notices in our application

Your continued use of our services after any changes constitutes acceptance of the new Terms.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: legal@swynd.com

Address: Swynd Inc., 123 Innovation Drive, San Francisco, CA 94105

Phone: +1 (555) 123-4567