1. Acceptance of Terms

By accessing or using the Swayd web application, public REST APIs, creative automation tools, or associated services (collectively, the “Service”) operated by Swayd Technologies Inc. (“Swayd,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.

2. Merchant of Record & Billing

3. 100% Commercial IP Ownership

You retain 100% full commercial copyright, title, and intellectual property rights in and to all carousels, text copy, graphic arrangements, exported Retina PNGs, multi-page PDFs, and derived creative assets generated through your active workspace.

• No Royalties or Licensing Fees: You may freely publish, syndicate, monetize, resell, or distribute your exported content across any platform without attribution or royalties.
• Client Delivery: Agencies and operators on supported plans may generate and transfer final deliverables directly to third-party clients without restrictions.
• Brand Asset Protection: All uploaded logos, product photographs, and visual brand assets remain exclusively your property.

4. Subscriptions, Credits & Renewal

Swayd is offered on a recurring monthly or annual subscription basis. Your subscription automatically renews at the end of each billing cycle unless cancelled prior to renewal:

• Starter Plan: $49/month or $490/year, including 25 multi-slide carousels per month, 1 Brand Profile with custom Brand DNA & Cutout Vault, 225 generation credits, 60 surgical edit credits, and API/MCP access. The promotional launch offer is $19 for the initial month on the monthly plan only, one time, and renews at the standard $49/month rate.
• Growth Plan: $149/month or $1,490/year, including 50 multi-slide carousels per month, up to 3 Brand Profiles, 600 generation credits, 150 surgical edit credits, priority signal intelligence, and API/MCP access.
• Agency Plan: $399/month or $3,990/year when available, including 100 multi-slide carousels per month, up to 10 client Brand Profiles, 1,800 generation credits, 450 surgical edit credits, priority rendering, and API/MCP access. Agency is displayed as “coming soon” and cannot be purchased until it is enabled.
• Annual Billing: Annual plans are priced at 10× the monthly rate (two months free) and never receive the $19 first-month offer.
• Credit Packs: One-time credit packs may be purchased at a higher per-credit price than a plan. Packs add credits only and do not change the subscription tier.
• Credit Expiration & Upgrades: Plan generation and edit credits refresh at the start of each billing cycle. Plan upgrades take effect immediately with prorated charges processed through Paddle.

5. Acceptable Use & Editorial Standards

You agree not to use the Service to generate, publish, or transmit any content that:

• Violates applicable federal, state, local, or international laws or regulations.
• Infringes upon any third party’s copyright, trademark, patent, trade secret, or privacy rights.
• Contains defamatory, fraudulent, deceptive, or explicitly deceptive medical or financial claims.
• Attempts to reverse-engineer, decompile, scrape, or overwhelm Swayd infrastructure or public endpoints beyond authorized rate limits.

6. Commercial REST API & Agent Protocol Governance

Workspaces with active Commercial API or Agent Protocol access must maintain strict security over all issued API keys (`swayd_live_...`). You are solely responsible for all API requests executed under your credentials. Swayd reserves the right to rate-limit or suspend keys that exhibit abusive or unauthorized high-frequency automated scraping patterns.

7. Limitation of Liability & Disclaimers

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, Swayd Technologies Inc. disclaims all warranties, express or implied, including fitness for a particular purpose and non-infringement. In no event shall Swayd’s aggregate liability exceed the total amounts paid by you to Swayd (via Paddle.com) during the twelve (12) months preceding the claim.