Terms of Service

1. Introduction and Acceptance

Welcome to Swapzy. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and Swapzy ("Company", "we", "us", "our") governing your access to and use of the swapzy.pro website and all related services, features, and applications (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to all of these Terms, you are not authorized to use the Service. We recommend that you print or save a copy of these Terms for your records.

These Terms incorporate by reference our Privacy Policy and our Cookie Policy, which also apply to your use of the Service.

2. Description of Service

Swapzy provides AI-powered face swap technology that enables users to:

• Upload source face images and target media (images or videos)
• Process media through our proprietary AI algorithms to swap faces
• Apply optional enhancements such as face restoration, color correction, and seamless blending
• Download, save, and manage generated content
• Access API services for programmatic integration (Developer and Enterprise tiers)

The Service is provided on a subscription and token-based model. Different subscription tiers provide varying levels of features, generation limits, and capabilities as described on our Pricing page.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Not have been previously banned or removed from the Service

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Create only one account per person (multiple free accounts are prohibited)
• Not share your account credentials with others

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Immediately notify us of any unauthorized use of your account
• Log out of your account at the end of each session on shared devices

We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. Subscriptions, Tokens, and Payments

5.1 Subscription Tiers

We offer the following subscription tiers, each with different features and token allocations:

• Starter (Free): 10 tokens on signup, 5 tokens monthly renewal
• Pro ($9.99/month): 300 tokens monthly, all enhancements, priority queue
• Creator ($29.99/month): 1,500 tokens monthly, batch processing, extended video length
• Developer ($49.99/month): 3,000 API tokens monthly, full API access
• Enterprise (Custom): Custom solutions, dedicated support

5.2 Token System

Tokens are the currency used to generate face swaps:

• Image face swaps cost 2-4 tokens depending on enhancements
• Video face swaps cost 3 tokens per second plus enhancement costs
• Monthly subscription tokens reset at the beginning of each billing cycle
• Unused monthly tokens do NOT roll over to the next month
• Purchased token packages do not expire

5.3 Billing and Payment

• Subscriptions are billed in advance on a monthly or annual basis
• Payment is processed securely through our payment providers
• All prices are in USD unless otherwise stated
• You are responsible for any applicable taxes
• We accept major credit cards and cryptocurrency (USDT)

5.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

5.5 Refunds

• Full refunds are available within 7 days of initial subscription purchase if no tokens were used
• Partial refunds may be provided at our discretion for unused portions
• Token packages are non-refundable once purchased
• Refunds for failed generations are automatically credited as tokens

5.6 Price Changes

We reserve the right to change our prices. Price changes for subscriptions will take effect at the start of the next billing cycle after notice is provided. If you do not agree with the new prices, you may cancel your subscription before the change takes effect.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to use the Service to:

6.1 Prohibited Content

• Create non-consensual intimate imagery (NCII) of any person
• Create content depicting minors in any sexual, violent, or inappropriate context
• Create content that is defamatory, harassing, threatening, or abusive
• Create deepfakes intended to deceive, defraud, or spread misinformation
• Impersonate real individuals without their consent for deceptive purposes
• Create content that promotes violence, terrorism, or illegal activities
• Create content that infringes on intellectual property rights

6.2 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any political manipulation or election interference
• Attempt to circumvent security measures or access restrictions
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service beyond API limits
• Reverse engineer, decompile, or attempt to extract source code
• Resell, sublicense, or redistribute access to the Service
• Use the Service to build a competing product

6.3 Consent Requirements

When using faces of other individuals, you represent and warrant that you have obtained all necessary consents, permissions, and rights to use such content. You are solely responsible for ensuring compliance with applicable laws regarding consent and likeness rights.

6.4 Content Moderation

We employ automated systems and human review to detect and remove prohibited content. We reserve the right to remove any content that violates these Terms without prior notice. Repeated violations may result in account termination.

7. Content and Intellectual Property

7.1 Your Content

You retain ownership of all content you upload to the Service ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to:

• Process your content to provide the Service
• Store your content as necessary for service delivery
• Create derivative works (face swap outputs) as requested by you

This license terminates when you delete your content or your account, except for content we must retain for legal or operational purposes.

7.2 Generated Content

• Starter tier: Personal, non-commercial use only
• Pro tier and above: Commercial use permitted, subject to applicable laws
• You are responsible for ensuring your use of generated content complies with all laws
• Generated content may not be used to violate third-party rights

7.3 Our Intellectual Property

The Service, including its design, features, AI models, algorithms, software, and documentation, is owned by Swapzy and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written consent.

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without compensation or attribution.

8. Copyright and DMCA

We respect intellectual property rights and expect our users to do the same. If you believe that content on our Service infringes your copyright, you may submit a DMCA takedown notice to legal@swapzy.pro with the following information:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location
• Your contact information (name, address, phone, email)
• A statement that you have a good faith belief that use is not authorized
• A statement that the notification is accurate and you are authorized to act
• Your physical or electronic signature

We will respond to valid DMCA notices and may disable access to or remove infringing content. Repeat infringers may have their accounts terminated.

9. API Terms

If you access our API (Developer and Enterprise tiers), the following additional terms apply:

• API access is subject to rate limits as specified in your subscription tier
• API keys are confidential and must not be shared or exposed publicly
• You must not exceed your allocated API quota or attempt to circumvent limits
• We may revoke API access for abuse or violation of these Terms
• API functionality may change; we will provide reasonable notice of breaking changes
• You are responsible for the security of applications built using our API
• You must display appropriate attribution as specified in our documentation

10. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

11. Service Availability and Modifications

11.1 Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency maintenance or security updates
• Factors beyond our control (internet outages, natural disasters, etc.)

11.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. For material changes that negatively affect paid features, we will provide at least 30 days notice and offer prorated refunds if applicable.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of results
• Warranties that the Service will meet your specific requirements

We do not guarantee specific results from using the Service. AI-generated content may contain imperfections or artifacts.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for any loss of profits, data, use, goodwill, or other intangible losses
• Our total liability is limited to the amount you paid us in the 12 months preceding the claim
• We are not liable for content created by users or third parties

Some jurisdictions do not allow limitations on implied warranties or liability, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Swapzy, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create, upload, or share using the Service
• Any misrepresentation by you

15. Termination

15.1 Termination by You

You may terminate your account at any time by cancelling your subscription and deleting your account through settings. Upon termination, your right to use the Service ceases immediately.

15.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your conduct is harmful to other users, us, or third parties
• Your payment method fails and is not resolved within 7 days
• We are required to do so by law
• We discontinue the Service

15.3 Effect of Termination

Upon termination, you lose access to your account and all content. We may delete your data after 30 days. Sections that should survive termination (limitation of liability, indemnification, dispute resolution) remain in effect.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a formal dispute, you agree to try to resolve any dispute informally by contacting us at legal@swapzy.pro. We will try to resolve the dispute within 30 days.

16.2 Binding Arbitration

If informal resolution fails, any dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English.

16.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For users in the European Union, mandatory consumer protection laws of your country of residence may also apply.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Swapzy regarding the Service.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or infrastructure failures.

18.6 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations. You may not use the Service if you are located in a country subject to U.S. sanctions.

19. Changes to Terms

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

• Sending an email to the address associated with your account
• Displaying a prominent notice on our Service
• Updating the "Last updated" date at the top of these Terms

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and terminate your account.

20. Contact Information

If you have questions, concerns, or feedback about these Terms, please contact us: