Terms of Service

Welcome to SwapFans (the "App"). You are reading the Terms of Service (the "TOS"), which govern the relationship and serve as an agreement between you and us. These terms set forth the conditions under which you may access and use the App and our related services. For purposes of the TOS, "You" and "Your" refer to you as the user of the App.

By downloading, updating, accessing, and/or using the App, you agree to be bound by this TOS. You understand and agree that we will treat your access or use of the App as acceptance of the TOS and our Privacy Policy. You also agree that by downloading the App from the Apple Store, Google Play, or other distribution platforms (indicated or recognized by us), you are bound by the respective terms and conditions of such distribution platforms.

1. Description of Services

1.1 SwapFans Services Overview:

SwapFans offers an array of AI-powered tools for creating and editing visual content. The services provided include:

Face Swap: AI-driven face replacement in images, GIFs, and videos.

Background Changer: Instantly change backgrounds in images using AI technology, allowing users to customize visual settings.

Image Generator: AI-based image creation from scratch based on user input, generating unique visuals.

Background Remover: Effortlessly remove backgrounds from images, isolating subjects for further use or editing. To use these services, you can either select a pre-set or upload your own photo, image, GIF, or video from your mobile device ("Uploaded Materials"). Our AI processes these inputs to generate the final content ("Created Content").

1.2 Payment Model (Credits-Based):

SwapFans operates on a credits-based system. You do not need to subscribe to any service. Instead, you purchase credits, which can be used to access various features of the App, including Face Swap, Background Changer, Image Generator, and Background Remover.

Purchasing Credits: Credits can be bought directly within the App, and each service has a specific credit cost associated with it. You are responsible for any charges, fees, or taxes associated with credit purchases.

Using Credits: Once you purchase credits, they will remain in your account until used. Credits can be applied to any service, and there is no expiration for unused credits unless specified otherwise.

Refunds are available only under specific conditions, which are outlined in the Refund Policy section.

2. Legal Capacity

By using the App, you confirm and warrant the following:

• a. If you are entering into this TOS on behalf of another person or entity, you are fully authorized to do so, and both you and that entity will be bound by this agreement.
• b. You are of the legal age to enter into a binding contract with us.
• c. If you are under the legal age, you must use the services with the supervision of a parent or legal guardian, in accordance with applicable local laws.
• d. You are not prohibited by law from accessing or using the App under the jurisdiction of the Hong Kong Special Administrative Region (HKSAR) or any other applicable jurisdictions.

3. Content

3.1 Ownership and Intellectual Property:

We retain ownership of all intellectual property associated with SwapFans, including the systems, software, and technology that power the App. You retain ownership of any content you upload and the content generated through your use of our services.

3.2 License to Use Uploaded Content:

By using the App, you grant us a worldwide, non-exclusive, royalty-free license to use your uploaded content solely for the purpose of providing the App’s functionality. You may choose to make your content publicly available within the App, at which point it will be accessible to all users.

You warrant that any Uploaded Materials or Created Content do not infringe upon the rights of any third party, including intellectual property, privacy, or publicity rights.

4. Restrictions of Conduct and Content

4.1 General Restrictions:

In accessing and using the App, you agree to adhere to the following guidelines:

• a. You will not modify, translate, or alter the App’s software.
• b. You will not attempt to reverse-engineer or decompile the App’s code.
• c. You will not interfere with the App’s security measures or attempt to bypass restrictions.
• d. You will not use the App to gain unauthorized access to our systems or third-party data.
• e. You will not use the App in a manner that could cause harm, liability, or disruption to our services.
• f. You will not remove or obscure any copyright or trademark notices in the App.
• g. You will comply with all applicable laws when accessing and using the App.

4.2 Prohibited Content:

You agree not to upload, share, or transmit any content that:

• a. Is unlawful, harmful, defamatory, or otherwise objectionable.
• b. Encourages or instructs others in criminal activities.
• c. Violates third-party intellectual property rights.
• d. Includes unsolicited promotions, political campaigns, or advertising.
• e. Contains the personal information of others without consent.
• f. Exploits or harms minors.
• g. Contains viruses or harmful software.

We reserve the right to remove content that violates these terms.

5. Prohibited Uses

Customer acknowledges that the SwapFans Service embodies, contains, and constitutes valuable trade secrets of SwapFans and its licensors and suppliers. Accordingly, Customer agrees that it will not, and it will not permit any third party to:

• a. Use or allow access to the SwapFans Service (or any part thereof) in a manner that circumvents contractual usage restrictions or exceeds applicable usage parameters or restrictions;
• b. License, sub-license, sell, re-sell, rent, lease, transfer, distribute, time-share, or otherwise make any portion of the SwapFans Service available for access by third parties except as otherwise expressly provided in this Agreement;
• c. Access or use the SwapFans Service (or any part thereof) for the purpose of developing competitive products or services or for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purpose;
• d. Reverse-engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets, or any underlying ideas, algorithms, and/or technology from or about the SwapFans Service;
• e. Use the SwapFans Service in a way that violates or infringes upon the rights of a third party, including intellectual property, privacy, or publicity rights;
• f. Upload, distribute, or disseminate any unlawful, defamatory, pornographic, harassing, abusive, fraudulent, obscene, or otherwise objectionable content through or in connection with the use of the SwapFans Service;
• g. Upload or provide in connection with the use of the SwapFans Service any content that contains Sensitive Data (as defined in Section 4.5);
• h. Remove, alter, or obscure in any way any proprietary rights notices of SwapFans or its licensors on or within any part of the SwapFans Service;
• i. Interfere with or disrupt the integrity or performance of the SwapFans Service, or any related system, network, or data, or cause or aid in the destruction, manipulation, removal, disabling, or impairment of any portion of the SwapFans Service;
• j. Take any action that imposes an unreasonable or disproportionately large load on the SwapFans Service or its underlying infrastructure and systems;
• k. Attempt to gain unauthorized access to the SwapFans Service, or its related systems or networks, or attempt to disable or circumvent any security mechanisms contained, or used and/or implemented by SwapFans;
• l. Frame or use framing techniques to enclose the SwapFans Service or any portion thereof;
• m. Use any meta tags, "hidden text," robots, spiders, crawlers, or other tools to collect, scrape, index, mine, republish, redistribute, transmit, sell, license, or download the SwapFans Service (or any part thereof), and/or the personal information of others without SwapFans' prior written permission or authorization;
• n. Use the SwapFans Service to store or transmit any malicious or unsolicited code or software;
• o. Impersonate any person or entity, use a fictitious name, or falsely state or otherwise misrepresent affiliation with any person or entity or falsify age or date of birth or other eligibility requirements;
• p. Use the SwapFans Service (or any part thereof), or transmit content, in any manner that violates any law, rule, regulation, or any other legal or regulatory requirement imposed by any regulatory or government agency, including, without limitation, export laws and regulations.

6. Acceptable Use Policy

We expect you to use and engage with the generative AI models we provide in a legal and responsible manner. As such, you must not use the SwapFans Service to:

• a. Facilitate or perform illegal, dangerous, or malicious activities, including:
• i. Generation of content that may harm or promote the harm of individuals or a group;
• ii. Attempts to circumvent or override safety filters or to intentionally drive the model to act in a manner that violates our policies;
• iii. Abuse, interference, harm, or disruption of services (or enabling others to do the same);
• b. Generate sexually explicit or pornographic content, including content created for sexual gratification (note that this does not include content created for educational, scientific, documentary, or artistic purposes);
• c. Generate and distribute content intended to misrepresent, mislead, or misinform, including but not limited to:
• i. Misrepresenting the source of generated content by claiming content was created by a human;
• ii. Representing generated content as original works, in order to deceive.

7. Avatar Use Restrictions

Additionally, SwapFans Avatars that are not created specifically for you and are pre-made within the Hosted Service must follow specific restrictions due to their likeness to real people. You agree not to use any SwapFans Avatars without our explicit written consent for the following:

• a. In Output:
• i. For "promoted," "boosted," or "paid" advertising on any social media platform or similar media;
• ii. For TV broadcasting;
• iii. As part of non-fungible tokens (NFTs) or similar;
• iv. When making any statement of fact regarding religion, politics, race, gender, sexuality, or other sensitive topics;
• v. When making any statement of opinion, including personal preferences or experiences as if they are the SwapFans Avatar's preferences or experiences.
• b. To transmit or promote any advertising or promotional material, including "junk mail," "chain letters," or "spam."
• c. To portray SwapFans Avatars:
• i. Alongside or in connection with age-inappropriate or regulated goods or services;
• ii. In a way that could reasonably be found offensive, including but not limited to portraying the Avatar as suffering from or medicating for a medical condition, including addiction.
• d. To create trademarks, design marks, service marks, or other registrable rights.

8. Links to Third-Party Sites

The App may contain links to third-party websites or services. We are not responsible for any content or damage resulting from your use of these third-party sites.

9. Claims of Infringement

9.1 Copyright

If you believe in good faith that materials transmitted or created through the App infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Please provide the following information in writing:

• a. An electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work.
• b. A description of the copyrighted work that you claim has been infringed upon and sufficient information for us to locate such copyrighted work.
• c. Your address, telephone number, and e-mail address.
• d. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• e. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice. If you do, we will wait 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. Notices and counter-notices should be sent to us via email at: support@swapfans.ai.

9.2 Other Rights

If you believe in good faith that materials in or to the App infringe your other rights, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Please provide relevant information that could prove basic facts of the infringement in writing when you contact us.

9.2 Suspension or Termination

We have the right to suspend or terminate the use of the App by anyone engaged in suspected repeated infringement as outlined above.

10. Indemnification

You agree to indemnify and hold us and our officers, directors, shareholders, and employees harmless from and against any loss, costs.