Terms of Use

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Terms of Use

The apps and services provided under the name "Swapme AI" are offered by SWAPME AI LLC, with its registered business address at 1207 Delaware Ave #2545, Wilmington, Delaware 19806, USA (hereinafter commercially referred to as "Swapme AI").

1. Introduction

Welcome to Swapme AI! By accessing or using any of our apps or services, you consent to these Terms of Service (TOS) and our Privacy Policy. If you do not agree to any part of this TOS, please refrain from using our apps and services.

2. Eligibility

To use any of Swapme AI apps or services, you must possess legal capacity to enter into this agreement. Minors must use our platforms under the supervision of a legal guardian or parent who agrees to these terms and adheres to regional laws. By using our platform, you confirm your adherence to these eligibility criteria.

3. Understanding Swapme AI Services

Swapme AI offers various AI-powered services designed to enhance and optimize digital media. This includes, but is not limited to, upscaling, enhancement, and other forms of media manipulation.

4. Content Rights and Responsibilities

Swapme AI retains all intellectual property rights related to our apps, technology, and templates. Users maintain rights to the content they upload and the resulting creations but grant us a non-exclusive license to utilize your uploaded content for a short period to perform the enhancement. Uploaded images are deleted from our servers after 5 minutes. You affirm that your content doesn't infringe on third-party rights, including copyrights, trademarks, or rights of publicity, and agree to indemnify us against any claims arising from such infringement.

5. User Conduct

Users must not use any Swapme AI app or service to create or share content that infringes on intellectual property rights or could be construed as unauthorized use of copyrighted or trademarked material. Uploading inappropriate, harmful, or infringing content is strictly prohibited.

6. Reporting Infringements

If you believe that any of our apps or services contain infringing materials, please visit our contact page and send us a message with the relevant details for further action.

7. Liability Protection

You agree to indemnify, defend, and hold harmless Swapme AI and its stakeholders from any claims, damages, or expenses, including legal fees, arising from breaches of these TOS, misuse of our apps or services, or infringement of intellectual property rights.

8. Disclaimers and Limitations

Our apps and services are provided "as is" without any express or implied warranties, including warranties of non-infringement. Our liability for any claims related to your use of any Swapme AI app or service is limited as detailed in this section.

9. Third-Party Links

Our apps or services might feature links to external sites. We are not responsible for third-party content or the consequences of your interactions with such sites.

10. Jurisdiction

The Terms of Service are governed by the laws of the State of Delaware, USA, irrespective of your country of residence or where you access our services from. Any disputes or claims arising out of or in connection to these Terms shall be adjudicated exclusively in the courts located in Delaware, USA. This choice of jurisdiction reflects the legal domicile of SWAPME AI LLC, ensuring a consistent legal framework for our operations and dispute resolution.

11. TOS Updates

We may periodically update this TOS. Your continued use of any Swapme AI app or service after any such changes implies your agreement to the revised terms.

12. Termination and Transfer

Your rights under this TOS can be terminated by either party. We reserve the right to transfer our obligations to another entity.

13. General Provisions

In our commitment to transparency and compliance, Swapme AI adheres to stringent data processing protocols to protect user data in accordance with global data protection regulations. The interpretation and enforcement of these Terms of Service shall be made in good faith and in alignment with prevailing legal standards. We reserve the right to enforce these terms at our discretion, ensuring the integrity and security of our services for all users.

Interpretations of this TOS are governed by principles of fairness and the common interpretation of contractual language. We aim to provide clear, understandable terms to avoid ambiguity and ensure a fair understanding between you, the user, and Swapme AI.

Enforcement of these terms involves monitoring for compliance and taking appropriate actions for violations. Swapme AI reserves the right to take legal or technical measures to enforce these terms, protect our intellectual property, and maintain the integrity of our services. This may include, but is not limited to, account suspension, termination, or legal action, depending on the severity of the violation.

These general provisions ensure the smooth operation of our services, protect users and Swapme AI, and provide a clear framework for the interpretation and enforcement of this TOS.

14. Pricing and Payment Terms

14.1 Subscription Plans: Swapme AI offers various subscription plans (Lite, Pro, Premium) with different monthly credits and benefits. Payment methods include major credit cards and digital wallets. Subscriptions renew automatically unless canceled. A 30-day money-back guarantee is available for all plans, subject to fair usage and non-abusive claims. Unused credits from Pro and Premium plans will roll over to the next month, allowing you to accumulate credits as long as your subscription remains active. Lite plans do not include credit rollover.

14.2 Credit Bundles: Swapme AI offers credit bundles (20, 50, 100 credits) for image processing on a "Pay As You Go" basis. Credits never expire and are non-refundable. Payments are securely processed via major credit cards and digital wallets.

15. Refund Policy

Refunds are at the sole discretion of Swapme AI. To request a refund under our 30-day money-back guarantee for a subscription, please reach out to us through our contact page and include your receipt. Clear abuse of the 30-day money-back guarantee, such as repeated refund requests, may result in refusal of future refund requests. Please note that credit bundles are non-refundable.

16. 30-Day Money-Back Guarantee

We offer a 30-day money-back guarantee on all subscription plans for your first payment. If you're not satisfied with our service, you can request a refund within 30 days of purchase—no questions asked. Please note that refunds are at our discretion, and clear abuse of this policy, such as repeated refund requests, may result in refusal of future refund requests.

17. Cancellation of Subscription Plans

You have the flexibility to cancel your subscription at any time while retaining access to Enhancer and your credits until the end of your current billing period. Here’s how it works:

Monthly Plans: If you cancel a Monthly plan, you will retain access for the rest of the month.

Yearly Plans: If you cancel a Yearly plan, you will retain access for the remainder of the year.

To cancel your plan, please follow these steps:

Visit our website.

Click on 'Manage Account' in the top menu to access your dashboard.

Select 'Cancel Plan'.

Once you complete this process, you will not be billed in the next billing cycle.

18. Reach Out

For inquiries or feedback, please visit our contact page. For comprehensive information, you can visit our website at www.swapme.ai.