Terms of Service

Welcome to SwapFans (the “App”). These Terms of Service (the “TOS”) govern the relationship and form an agreement between you and us. The TOS outlines the terms and conditions by which you may access and use the App and our related services. “You” and “your” refer to the user of the App.

By downloading, accessing, or using the App, you agree to be bound by this TOS. You also agree to our Privacy Policy. If you download the App from any distribution platform (such as Apple Store or Google Play), you are bound by their respective terms and conditions.

1. Description of Services

1.1 SwapFans Services

SwapFans is an online face-editing application that utilizes artificial intelligence to create customized content (“Services”). You can use SwapFans immediately upon registration.

To begin, you can upload a photo, GIF, or video from your device for face-editing processing (“Uploaded materials”). Our AI algorithms will scan and identify faces in the GIF or video, swapping them with selected faces to create new content (“Created content”). Please note that certain functions may be restricted based on your balance.

1.2 Balance System

Unlike a subscription-based service, SwapFans operates on a balance loading system. Users must load a balance into their accounts, which can be used to access features of the App. Payment methods and amounts will be displayed at the time of purchase. You are responsible for all charges, fees, and taxes related to balance loading.

2. Legal Capacity

You affirm that:

• If entering into this TOS on behalf of someone else, you are authorized to bind them to this agreement.
• You are of legal age to form a binding contract.
• If you are under legal age, you will access our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
• You are not barred from using the App under the laws of any applicable jurisdiction.

3. Intellectual Property

3.1 Ownership

We retain all rights to the App, including technology, software, and systems. You retain all rights to the Uploaded materials and Created content that you generate.

3.2 License

By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use your content for the purposes of providing the App's functionality. You remain the sole owner of your content but must have the necessary rights to use and upload the materials.

You warrant that the Uploaded materials do not violate any third-party rights, including intellectual property, privacy, and publicity rights.

4. Conduct and Content Restrictions

When accessing and using the App, you agree not to:

• Modify or reverse-engineer the App.
• Circumvent any security features.
• Use the App to access unauthorized data or systems.
• Upload or transmit any illegal or harmful content.

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

5. Copyright Claims

5.1 Reporting Infringement

If you believe your copyright has been infringed upon, you may submit a request for content removal by providing details of the infringement. We will investigate and take appropriate action.

6. Indemnification

You agree to indemnify and hold us harmless from any claims arising from your use of the App, including infringement of third-party rights or any violation of these TOS.

7. Disclaimer and Limitation of Liability

The App is provided “as-is” without any warranties, express or implied. We do not guarantee that the App will be error-free, secure, or meet your specific requirements.

We are not liable for any damages, direct or indirect, resulting from your use of the App. If any limitation is deemed invalid, our liability shall not exceed the amount you have paid to us.

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. Governing Law and Dispute Resolution

This TOS shall be governed by the laws of [Insert Jurisdiction]. Any disputes arising from this agreement will be resolved by the courts of [Insert Jurisdiction].

10. Changes to the TOS

We reserve the right to update these TOS at any time. Changes will take effect immediately upon posting, and continued use of the App signifies your acceptance of the updated terms.

11. Termination

You may terminate this TOS by discontinuing use of the App. We may terminate your access at any time if you violate this agreement. Sections regarding intellectual property, indemnification, and liability will survive termination.

12. Refund Policy

12.1 Refund Eligibility

Refunds for balance loading are only available if no credits have been used since the latest payment and the request is made within 14 days. Used credits and discounted purchases are non-refundable.

12.2 Refund Processing

To initiate a refund, submit a request via the App's feedback form. Approved refunds will be processed to the original payment method.

13. Contact Us

If you have any questions regarding the App or this TOS, please contact us at support@swapfans.ai.