ABOUT SWAG

SWAG is a pay-to-view social messaging application service that allows users to create, publish and potentially earn money for their exclusive photos and videos.

These Terms of Service, together with our Privacy Policy (collectively, these "Terms"), govern your use of SWAG. BY USING SWAG, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree with any of these Terms, or if you are dissatisfied with SWAG for any reason, your sole and exclusive remedy is to discontinue use of SWAG.

We reserve the right to make changes to these Terms at any time. If we make material changes, we will endeavor to notify you of the changes, such as by posting a notice directly within the SWAG app and/or on official website, or by any other reasonable method. Also, we may ask you to affirmatively agree to these Terms as modified (e.g., by pressing an "I Agree" button) at the time of your next login on SWAG. By continuing to use SWAG after such notice and/or acceptance, you agree to be bound by these Terms as modified.

When using SWAG, you are communicating with us electronically, and you consent to receiving communications from us electronically, including emails, push messages and in-app messages. You acknowledge and agree that all agreements, notices, disclosures that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By using SWAG, you acknowledge and agree that standard carrier charges may apply and that depending on your wireless service plan, your wireless carrier may impose data and/or other charges when you use SWAG, and that any and all such charges will solely be your responsibility.

We reserve the right at any time and for any reason, with or without notice, and without liability to you, to: (i) modify, suspend or terminate SWAG or any portion thereof; (ii) restrict, limit, suspend or terminate your access to SWAG or any portion thereof; (iii) remove, block or disable any content you post on SWAG; (iv) monitor your use of SWAG (including any content or message you post or transmit on SWAG) to verify compliance with these Terms and/or any applicable law; and (v) investigate any suspected or alleged misuse or unlawful use of SWAG and cooperate with law enforcement in such investigation.

HOW SWAG WORKS

SWAG lets you create and publish your photos and videos for access by your followers on SWAG. You can also follow and access photos and videos of other SWAG users. SWAG users can send private messages to one another. When users create photos/videos using the SWAG camera function, such content is "exclusive" to SWAG and can only be viewed within the SWAG app and cannot be shared or exported outside of the SWAG app.

For paid content, Creators shall set a specific amount of 'SWAG Points' based on their desired fees, from which SWAG will deduct a platform service fee. Followers are required to pay the equivalent amount of 'SWAG Points' within the app to obtain a 'Limited Viewing License' for said content. Please be advised that this transaction grants you permission solely to view the content within the SWAG platform; it does not constitute a transfer of ownership or grant a right to permanent retention of the content.

Regarding the availability of paid content and User rights (specifically regarding 'Unlocked Items' and collections), please strictly adhere to the following rules: (i) Dependency of License: The viewing license for paid content purchased by the User is entirely contingent upon the continued existence of such content on the Platform. If the paid content is removed or taken down, the User's viewing license for said content shall terminate immediately. (ii) Simultaneous Removal from Collections and Unlocked Items: To ensure platform content consistency, when content is deleted or taken down from the Platform, said content will be simultaneously removed from the User's 'Unlocked Content' and 'Collections (Unlocked Items)'. The User will no longer be able to browse, access, or play the content on any page. (iii) Assumption of Risk: Before electing to pay points to unlock content, Users must fully acknowledge that such content may cease to exist at any time due to the Creator’s discretion or compliance requirements. The Platform shall not be held liable for refunding points, restoring content, or providing any form of compensation regarding the termination of viewing licenses or the removal of collection records resulting from content deletion.

Important Notice:

(i) SWAG does not own or control any user content within the platform. All content interactions and transactions conducted on SWAG are strictly between creators and their followers. If SWAG removes any content in compliance with legal requirements or at the request of the creator, users shall not raise objections.

(ii) Any private events or activities organized by creators through the platform are not affiliated with SWAG. The platform bears no responsibility for compensation or refunds related to such events.

(iii) If a user disputes any interaction or fulfillment by a creator — including but not limited to livestream engagement, command execution, event arrangements, or other commitments — such complaints or reports must be submitted to the platform within three (3) months from the date of the related incident. The platform reserves the right to reject any submissions made beyond this period and shall have no obligation to mediate, compensate, or provide refunds for overdue cases.

WHO CAN USE SWAG

SWAG is an adult entertainment platform for respectful and responsible grown-ups. IMPORTANT NOTE: As a general policy, we do not tolerate child sexual abuse material on SWAG and any user account that violates this policy will be deactivated immediately.

By using SWAG, you represent and warrant that: (i) you are at least 18 years of age; (ii) you will fully comply with these Terms; (iii) you accept full responsibility for the use of SWAG on any device, whether or not it is owned by you; (iv) you accept full responsibility for any User Content created or provided by you; and (v) your use of SWAG will not violate these Terms or any applicable law.

ACCOUNT REGISTRATION

Account registration is required to access and use SWAG. To register on SWAG, you must provide a valid email address, a username, and a password. During account registration, you also have the ability to create a SWAG profile and import your preexisting content to be a part of your SWAG profile. Note that as part of the account registration process, we may ask for your mobile phone number for account verification purposes.

By registering on SWAG, you represent and warrant that: (i) all account registration and profile information and content you provide to us (including content you choose to import from Facebook or any other social media service) is your own information and content and is truthful and accurate; (ii) you do not already have an existing account on SWAG (including under a different email, username, or mobile number); (iii) if you previously had an account with SWAG, your old account was not terminated or suspended by SWAG for violation of these Terms; (iv) you register on SWAG for your own personal and lawful, and you will not sell, rent, lease, loan or transfer your account to a third party without our written permission; and (v) you will not log in or attempt to log in on SWAG through unauthorized third party applications.

You are fully responsible for any and all activities that occur on your account. You are responsible for maintaining the security and confidentiality of your login details and agree to immediately notify us if you believe someone has used or is using your account without your permission or any other breach of security is brought to your attention.

IN-APP PURCHASES

To access another's premium content item on SWAG, you must acquire the requisite total number of SWAG Points indicated for that item by making an in-app purchase of the equivalent dollar value. In-app purchases for SWAG Points are handled through the applicable app store. The applicable app store may charge you a sales tax depending on where you live, and please check the app store's terms and policies for details.

IMPORTANT NOTE: All in-app purchases of SWAG Points are FINAL AND NON-REFUNDABLE. By making an in-app purchase of SWAG Points to access a premium item on SWAG, you expressly acknowledge and agree that neither the Creator of such premium item nor we will have any obligation or liability to provide you with a refund for any reason. You also agree that we will make the necessary adjustment to correct the error in your Balance only when SWAG software or technical glitch has resulted in an error in your Balance.

ACCOUNT DEACTIVATION

ACCOUNT DEACTIVATION BY YOU

Should you wish to deactivate your SWAG account, please contact SWAG customer support at support@swag.live to submit your deactivation request. We will deactivate your account within 60 working days after receiving your request.

IMPORTANT NOTE: Upon deactivation of your account, any SWAG Points Balance in your account will be deemed forfeited and will be lost permanently.

ACCOUNT DEACTIVATION BY US

By using SWAG, you acknowledge and agree that we reserve the right to deactivate your account (with or without warning) if: (i) your use of SWAG violates these Terms or any applicable law; or (ii) you do not log into the SWAG app for more than 60 days and over 7 days after official reminder.
IMPORTANT NOTE: If your account is deactivated by us for violation of these Terms or any applicable law or due to dormancy, any SWAG Points Balance in your account will be deemed forfeited and will be lost permanently.

PROHIBITED USES

We require that all SWAG users respect and comply with these Terms at all times when using SWAG.

You may not :

Falsify account registration information, or make unauthorized use of another's information or content;
Use SWAG in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
Create, upload, post, display, publish or distribute any User Content that (i) violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
Copy, reproduce, distribute, modify, or create derivative works from, any content that you do not own and do not have express written permission to do so from the applicable content owner (this includes taking a picture or screenshot or otherwise making a copy of another's User Content);
Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of SWAG or any portion thereof;
Interfere in any way with the operation of SWAG or any server, network or system associated with SWAG, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another's account that you are not expressly authorized to access; use SWAG for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other benchmarking or competitive purposes;
Use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access SWAG or any server, network or system associated with SWAG, or to extract, collect, harvest or gather content or information from SWAG;
Make any other use of SWAG that violates these Terms or any applicable law.

The Participant is prohibited from increasing users with inappropriate ways, including, but not limited to, directing existing SWAG users to use new accounts or other accounts for consumption (for instance, the Participant shall not encourage existing SWAG users to create new accounts for topping-up or encourage users to direct existing SWAG users to top up via the personal link) or completing the transaction by the Participant himself/herself with any means. If any Participant’s breach hereof causes damage to the Program, SWAG or the Operator, the Participant shall indemnify for the relevant loss incurred.

Creators are prohibited from publishing the following content:

Content related to sexual coercion

Content related to SM

Content related to non-human sexual behavior

Content related to sexual behavior and sexual insinuations involving minors under the age of 18

Content related to any actions that against the law

To report abuse or misuse of SWAG, please contact SWAG customer support at support@swag.live.

GOVERNING LAW; DISPUTE RESOLUTION

Anti-Trafficking Policy

Purpose and Commitment

The Platform implements a rigorous anti-trafficking and exploitation framework to shield participants from forced labor, sexual exploitation, or unlawful practices. This encompasses integrated strategies for verification, monitoring, reporting, and assistance, aligning with global human rights norms, anti-trafficking regulations, and financial compliance mandates. Alleged breaches trigger swift investigations and collaboration with authorities. Applicable to all Creators, users, and staff, it prioritizes proactive prevention, vigilant detection, and expedited responses to uphold operational integrity and ethical standards.

Zero-Tolerance Statement

The Platform upholds an uncompromising zero-tolerance stance against human trafficking, forced labor, sexual exploitation, and any coercive, deceptive, or underage-related activities. Infractions prompt instant service cessation, authority notifications, and lifelong exclusion from Platform access or facilities. Continuous oversight and enforcement guarantee exploitation-free environments.

Strict Age and Identity Verification

Consent and Performer Autonomy

The Platform safeguards voluntary, informed, and retractable consent through contracts in accessible languages, elimination of pressure, financial manipulation, debt obligations, or external dominance, and performers' rights to halt, erase, or retract content anytime. Third-party endorsements are forbidden unless adhering to verified guardianship or legal benchmarks, reinforcing performers' independence and willful engagement.

Prohibition of Third-Party Exploitation

The Platform forbids coercive oversight or profiteering from others' involvement, unregistered agents or recruiters lacking business legitimacy, unverified mediators handling or monetizing content, and payouts to non-performer-owned accounts without legal substantiation. This structure curtails intermediary abuses, directing revenues solely to authenticated performers.

Content Monitoring and Risk Detection

Proactive surveillance targets indicators like evident abuse, fear, distress, intoxication, scripted coercion, confinement signals, trafficking cues, repeated unsafe settings, metadata discrepancies, VPN anomalies, geographic inconsistencies, and inputs from users, NGOs, payment entities, or officials. Blending AI-driven and human-led reviews facilitates prompt risk spotting and follow-up probes.

Reporting and Rapid Response Protocol

The Platform sustains 24/7 accessible channels (internal and public) with anonymity options, instant content erasure upon exploitation suspicions, accelerated referrals to law enforcement and anti-trafficking entities, and seamless support for inquiries. This streamlined system accelerates case resolution while centering victim safeguards.

Staff and Partner Training

Compulsory, yearly-documented sessions cover trafficking and coercion recognition, secure non-alerting interventions, jurisdictional reporting duties, victim-focused dialogue, and privacy adherence (e.g., GDPR). This equips personnel with essential expertise for effective, compliant handling.

Collaboration with Authorities and Non-Governmental Organizations

Ongoing alliances encompass law enforcement, anti-trafficking groups, child welfare systems, and cyber reporting lines for illicit or underage material. Legally permissible data exchanges amplify the Platform's countermeasures against exploitation.

Victim Support and Non-Retaliation Principle

Upon victim identification, priorities include safety assurance, irreversible content deletion, penalty-free account closure, evidence retention for probes, and linkages to aid resources. Absolute non-blame and anti-retaliation policies foster a supportive, victim-oriented recovery process.

Transparent Penalty Measures

Breaches incur calibrated sanctions:

Suspected trafficking or underage issues: Prompt suspension plus law enforcement alerts.

Verified trafficking or coercion: Indefinite bans with comprehensive legal aid.

Identity non-verification: Access revocation pending resolution.

Exploitative uploads: Content elimination followed by scrutiny.

Complaint Policy

1.How to Submit a Complaint

Customers can submit complaints through the following methods:

Email: support@swag.live

24/7 Online Customer Service: Available on the platform (bottom right corner of the website).

2.Required Information

To expedite processing, please provide the following information:

Account details

Date and time of the incident

A brief description of the issue

Relevant screenshots or videos (if applicable)

3.Response Time

We will reply to emails within 1 hour of receiving the complaint.

For more complex issues, we aim to resolve them within 7 business days. If additional time is required, we will notify you.

The Terms and conditions as set out herein and any dispute or matterarising from or incidental to the use of SWAG Services shall be governed by and construed in accordance with the laws of Cyprus, without regard to any conflicts of laws principles. Both you and SWAG shall submit to the exclusive jurisdiction in Cyprus. Any dispute or claim between you and SWAG regarding the SWAG Services must be settled by arbitration utilizing the dispute resolution procedures of Cyprus.

Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF)

SWAG is committed to preventing money laundering, terrorist financing, and other illicit financial activities in compliance with applicable laws, including but not limited to the Financial Action Task Force (FATF) Recommendations, local anti-money laundering regulations, and international standards.

By using our Services, you agree to the following:

Prohibited Activities: You must not use the Services for any activities related to money laundering, terrorist financing, or the financing of prohibited organizations. This includes, but is not limited to, using SWAG to transfer, conceal, or legitimize funds derived from illegal sources, or to support any form of criminal or terrorist activity.

User Obligations: You agree to provide accurate and complete information during registration, verification, or any payment processes, including identity verification (e.g., KYC - Know Your Customer) as required. You must promptly update any changes to your information. Failure to do so may result in account suspension or termination.

Monitoring and Reporting: SWAG reserves the right to monitor user activities, transactions, and content for suspicious behavior. We may report any suspected violations of AML/CTF laws to relevant authorities, such as financial intelligence units or law enforcement, without prior notice to you.

Cooperation: You agree to cooperate fully with SWAG and any regulatory authorities in investigations related to AML/CTF, including providing additional documentation or information upon request.

Consequences of Violation: Any breach of this section may lead to immediate termination of your account, forfeiture of any funds or virtual assets, and potential legal action. SWAG shall not be liable for any losses incurred due to such actions.

We may update this section to reflect changes in laws or regulations. Continued use of the Services constitutes acceptance of these terms.

OPERIFY Ltd is a company registered in Cyprus. All rights reserved. Address: Mourouzi 1, GEORGIA Court, 2nd Floor, office 2020, 4001 Limassol, Cyprus

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