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.

CREATOR AND CO-PERFORMER IDENTITY VERIFICATION

Mandatory Third-Party Age & Identity Verification: To ensure a safe environment and strictly prohibit underage usage, all Creators must undergo a mandatory age and identity verification process before they can upload or monetize any content. SWAG has integrated with industry-leading third-party KYC providers, including Shufti Pro, to perform robust identity verification. This automated process executes real-time Liveness and Biometric Checks, securely matching a live selfie or video motion check against an unexpired, government-issued photo identification to verify the user is at least 18 years of age.

Co-Performer Verification: SWAG strictly prohibits content featuring unverified third-party individuals. Any individual appearing alongside the account holder (Creator) in any content must undergo independent identity and age verification via our integrated KYC provider (Shufti Pro). Co-performers are required to complete this verification on their own devices using a unique secure link. No Creator is permitted to attest to the age or identity of a co-performer on their behalf.

18 U.S.C. §2257 Compliance Statement: All content Creators and Co-Performers are verified as consenting adults. SWAG explicitly requires digital, verifiable consent from all depicted individuals. In compliance with 18 U.S.C. §2257 and related regulations, SWAG acts as the custodian of records and maintains a secure, auditable trail of age-verification records, government-issued IDs, and explicit consent documentation for all performers and co-performers.

CONTENT MODERATION, PROACTIVE REVIEW & SAFETY PROTOCOLS

SWAG employs a comprehensive, multi-tiered content moderation system combining automated AI-based software and human review to ensure compliance with our Terms and applicable laws.

Pre-Publication and Post-Publication Review: All Creator content is subject to strict pre-publication screening before it becomes accessible on the platform. To achieve this, SWAG utilizes advanced AI-driven video understanding and object detection tools, such as TwelveLabs, to proactively scan for severe policy violations (including the presence of weapons, violence, CSAM, or non-consensual contexts). Content flagged by our AI software or user reports is immediately escalated to our trained Human Moderation Team (Tier 1 and Tier 2 Senior Moderators) for contextual review and facial verification matching against our KYC records. We also conduct continuous post-publication reviews and monitor live streams to ensure ongoing safety.

Reporting, Escalation, and Response Timeframes (SLA): We provide a 24/7 reporting mechanism ("Report Abuse") accessible to both registered users and non-registered visitors. SWAG enforces strict resolution timeframes:

High Priority Incidents: Complaints alleging severe violations—including illegal content, non-consensual material, or suspected child sexual abuse material (CSAM)—trigger an immediate account freeze and are investigated and resolved within 24 hours.
Standard Violations: Other policy violations are reviewed and resolved within 7 business days.

Any detected severe violation triggers a mandatory escalation workflow, resulting in immediate content removal, permanent account suspension, and cooperation with relevant law enforcement agencies or cyber tiplines (e.g., NCMEC) as required by law.

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.

GOVERNING LAW; DISPUTE RESOLUTION

The Terms and conditions as set out herein and any dispute or matter arising 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