Sway It Terms & Conditions

Welcome to Sway It! These Terms and Conditions (“Terms”) govern your access to and use of the Sway It mobile application, website (https://swayit.com), and all related services, features, and content provided by Sway It LLC (“Sway It,” “we,” “us,” or “our”) (collectively, the “Platform”). The Platform is designed to connect businesses and brands (“Businesses”) with influencers (“Influencers”) for marketing, promotional, or content creation purposes. Businesses deposit funds with Sway It to pay Influencers for completed tasks, such as creating videos, photos, or promotional content. Once a task is completed and approved, Sway It releases the payment to the Influencer.

By accessing or using the Platform, creating an account, or participating in any transaction, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, including our Privacy Policy, which explains how we collect, use, and protect your information. If you do not agree to these Terms, you may not access or use the Platform.

These Terms apply to all users, including individuals, businesses, and other legal entities. You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding agreement with Sway It.

For the purposes of these Terms, the following definitions apply:

• “Platform” refers to the Sway It mobile application, website (https://swayit.com), and all related services, features, tools, and content provided by Sway It LLC. The Platform enables Businesses and Influencers to connect, collaborate, and execute marketing campaigns.
• “User,” “You,” or “Your” refers to any individual, business, or entity that accesses, registers, or uses the Platform in any manner, including browsing, posting, or participating in campaigns. Users agree to comply with these Terms and all applicable laws and regulations.
• “Influencer” refers to a User who registers on the Platform to offer social media promotion services, create Content, or participate in Campaigns. Influencers are responsible for delivering high-quality, original content in accordance with campaign requirements, timelines, and Platform guidelines.
• “Business” refers to a User who registers on the Platform to discover, hire, and collaborate with Influencers for marketing purposes. Businesses are responsible for depositing funds on the Platform to facilitate payments for completed Campaigns and for providing clear instructions and requirements for the Content.
• “Content” refers to any photos, videos, text, graphics, multimedia, or other materials uploaded, created, shared, or otherwise provided by Users on the Platform. Content may include promotional, marketing, or social media materials created as part of a Campaign. Users retain responsibility for the accuracy, legality, and originality of their Content and grant the Platform a license to display and manage it as needed for the Platform’s functionality.
• “Campaign” refers to a marketing or promotional project initiated by a Business on the Platform, for which an Influencer is hired to create and publish Content. Campaigns include, but are not limited to, social media posts, product reviews, photos, videos, or other deliverables. Completion and approval of Campaigns determine the release of payments from the Platform to the Influencer.

To access and use the Platform, you must create an account and meet certain eligibility requirements. By registering, you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding agreement with Sway It LLC. Individuals or entities who do not meet these requirements are strictly prohibited from using the Platform.

Account Creation:

When registering, you must provide complete, accurate, and current information, including your name, email, business details (if applicable), and payment information. You agree to promptly update your account information to maintain its accuracy. Incomplete, fraudulent, or false information may result in suspension or termination of your account.

Account Responsibility:

You are solely responsible for all activities and transactions conducted under your account, including interactions with other Users and Campaign participation. You must maintain the confidentiality of your account credentials, including your password, and notify Sway It immediately of any unauthorized access, suspicious activity, or security breach.

Profile Authenticity:

Influencers must provide truthful, accurate, and verifiable information about themselves, including identity, social media metrics, and portfolio. Misrepresentation of identity, engagement, follower counts, or professional capabilities is strictly prohibited. Businesses must also provide accurate information about their company, products, and campaigns to ensure transparent and fair collaboration.

Sway It reserves the right to verify account information, suspend or terminate accounts that violate these requirements, and take any action necessary to maintain the safety, integrity, and reliability of the Platform.

A. For Influencers:

Influencers using the Platform grant Sway It a limited, non-exclusive, worldwide, and royalty-free license to display their public profile, portfolio, and any submitted Content to Businesses for the purpose of facilitating Campaigns, evaluating potential collaborations, and administering payments. This license allows Sway It to manage, showcase, and distribute your Content solely as needed to operate the Platform and connect you with Businesses.

By linking your social media accounts (including, but not limited to, Facebook, Instagram, TikTok, or other networks), you represent and warrant that you are the rightful owner of all content and account data you authorize Sway It to access. You consent to Sway It using this data to publish Content, track analytics, verify engagement, and monitor Campaign performance in accordance with our Privacy Policy.

You are solely responsible for all Content you create, submit, or publish through the Platform. You agree that your Content will not infringe upon third-party rights, including intellectual property, privacy, publicity, or other proprietary rights, and will comply with all applicable laws, regulations, and social media platform rules.

Influencers must perform all Campaign tasks professionally, timely, and in accordance with the specifications set by the Business. Failure to fulfill Campaign obligations may result in delayed or withheld payment, account suspension, or termination. You also agree to communicate promptly with Businesses and Sway It to resolve any issues or revisions related to your Content.

B. For Businesses:

Businesses using the Platform are responsible for providing clear, detailed, and lawful Campaign briefs and instructions to Influencers. This includes specifying content requirements, deadlines, creative guidelines, product or service descriptions, and any legal or regulatory considerations relevant to the Campaign. Businesses must ensure that all materials, requests, and instructions are accurate, truthful, and compliant with applicable laws, regulations, and Platform policies.

By posting a Campaign, Businesses agree to fund the agreed-upon fees for Influencers in accordance with the Platform’s payment terms. Payments are held securely by Sway It until the Influencer completes the Campaign and the deliverables are approved. Once approved, the Platform releases payment to the Influencer. Businesses acknowledge that failure to fund Campaigns or provide timely approvals may result in delays, disputes, or suspension of their Platform privileges.

Businesses must also ensure that any products, services, brands, or promotional materials they ask Influencers to promote are legal, safe, and do not infringe upon the rights of third parties. Posting requests for unlawful, unsafe, or misleading content is strictly prohibited.

Businesses are responsible for maintaining professional and respectful communications with Influencers and Sway It. Any misuse, fraudulent activity, or violation of these responsibilities may result in warnings, account suspension, or permanent removal from the Platform. By using Sway It, Businesses agree to comply with these responsibilities and acknowledge that their actions directly impact the fairness, reliability, and integrity of the Platform for all Users.

Influencer Content:

Influencers retain all ownership rights and intellectual property in the original Content they create for Campaigns. By accepting a Campaign, the Influencer grants the Business a limited, non-exclusive, royalty-free, and worldwide license to use, reproduce, distribute, and display the Content solely for the purposes explicitly defined in the Campaign brief on the Platform. This license is effective only for the duration and scope agreed upon in the Campaign and does not transfer ownership of the Content to the Business. Influencers represent and warrant that all Content they create is original, accurate, and does not violate any third-party rights, including copyrights, trademarks, or privacy rights.

Business Intellectual Property:

Businesses represent and warrant that they own or have secured all necessary rights, permissions, and licenses for any logos, trademarks, images, or other intellectual property provided to an Influencer for use in a Campaign. Businesses agree to use such materials lawfully and to indemnify Influencers and Sway It against claims arising from unauthorized or infringing materials.

Prohibited Content:

Users are strictly prohibited from posting, uploading, sharing, or transmitting Content that:

• Is illegal, fraudulent, defamatory, or promotes unlawful activity;
• Infringes upon the intellectual property, privacy, publicity, or other rights of third parties;
• Is pornographic, obscene, excessively violent, or otherwise inappropriate;
• Contains spam, malware, viruses, or other disruptive code designed to interfere with the Platform;
• Is false, misleading, or inauthentic, including fabricated engagement metrics, fake followers, or manipulated analytics.

Sway It reserves the right to remove or restrict access to any Content that violates these rules, and may suspend or terminate accounts that repeatedly post prohibited Content. By using the Platform, Users agree to respect these rules to ensure a safe, lawful, and professional environment for all Participants.

Service Fees:

Sway It may charge service fees for facilitating transactions between Businesses and Influencers through the Platform. All applicable fees, including percentages or flat rates, will be clearly disclosed to Users prior to completing any transaction. By using the Platform, you agree to pay all applicable service fees in connection with your activities, including Campaigns and payouts.

Campaign Funding and Escrow:

Businesses are required to deposit the agreed-upon Campaign funds into the Platform prior to Influencers commencing work. These funds are held securely by Sway It in an escrow-like arrangement. Payment to Influencers will only be released once the Campaign is completed, the deliverables meet the specifications outlined in the Campaign brief, and the Business approves the work through the Platform. Sway It reserves the right to mediate disputes regarding deliverables and release payments accordingly.

Payment Processing:

All payments are processed through secure third-party payment processors. By using these services, Users agree to comply with the terms, conditions, and privacy policies of the payment processor. Sway It is not responsible for errors, delays, or failures caused by the payment processor.

Payouts:

Influencers will receive payouts according to the Platform’s specified schedule and method, which may include bank transfers, digital wallets, or other approved methods. Users must provide accurate payment information to ensure timely receipt of funds.

Taxes:

Users are solely responsible for reporting and paying all applicable federal, state, and local taxes related to earnings or transactions conducted through the Platform. Sway It may provide reporting documentation as required by law, but Users remain fully responsible for their tax obligations.

By using the Platform, all Users agree to comply with these financial terms, ensuring transparent, timely, and lawful transactions between Businesses and Influencers.

Third-Party Platforms:

The Platform may integrate with third-party social media services, networks, or applications (including but not limited to Instagram, TikTok, Facebook, and YouTube) to facilitate Campaigns, track engagement, or publish Content. Sway It is not responsible for the policies, actions, content, or terms of these third-party platforms. Any issues, disputes, or limitations arising from the use of third-party platforms are solely between the User and the third-party service provider. Users are responsible for complying with the terms and guidelines of any connected platforms.

Service Provided “As Is”:

The Platform is provided on an “as is” and “as available” basis. While we strive to maintain reliable and secure services, Sway It makes no warranties, express or implied, regarding the uninterrupted operation, security, accuracy, or error-free functionality of the Platform. We do not guarantee that the Platform will be free from viruses, bugs, or other harmful components. Users assume all risk of using the Platform and any reliance on its services, tools, or content.

No Guarantee of Results:

Sway It functions solely as a marketing, networking, and content collaboration platform connecting Businesses and Influencers. We do not guarantee any specific business outcomes, engagement metrics, sales, or return on investment for Campaigns. Sway It is not liable for the actions, omissions, or performance of any User, including an Influencer’s failure to deliver Content in accordance with a Campaign, or a Business’s failure to approve or fund a Campaign. Users acknowledge that success and results are dependent on the actions of both parties and external factors beyond the Platform’s control.

By using the Platform, Users agree to these limitations and disclaimers and acknowledge that Sway It’s role is strictly as a facilitator of connections, collaboration, and transactions, not a guarantor of specific results or business performance.

To the maximum extent permitted by applicable law, Sway It LLC, including its directors, officers, employees, affiliates, and agents, shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of, or inability to use, the Platform. This includes, but is not limited to, damages for loss of profits, loss of business opportunities, loss of data, reputational harm, or other intangible losses, even if Sway It has been advised of the possibility of such damages.

This limitation applies to, without limitation:

• Any errors, interruptions, or malfunctions in the Platform, including delays or failures in processing payments or Campaign approvals;
• The actions, omissions, or conduct of any User, including Influencers or Businesses, and any third-party content or materials uploaded to or shared on the Platform;
• Unauthorized access to, alteration, or loss of your account, Content, or communications;
• Any reliance on information, guidance, or recommendations provided by the Platform; and
• Any other matter arising from or related to your use of the Platform, including disputes between Users.

Sway It’s total aggregate liability to you for any claims arising from or relating to the Platform shall not exceed the total amount of fees paid by you to Sway It in the six (6) months immediately preceding the event giving rise to the claim.

By using the Platform, you acknowledge and agree that Sway It serves solely as a facilitator connecting Businesses and Influencers and is not responsible for the performance, actions, or obligations of any User. These limitations of liability shall apply regardless of the legal theory, whether in contract, tort, negligence, strict liability, or otherwise.

You agree to indemnify, defend, and hold harmless Sway It LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your use of the Platform or participation in any Campaign;
• Your violation of these Terms or any applicable law, regulation, or third-party policy;
• Any Content you create, submit, or share through the Platform;
• Any infringement, misappropriation, or violation of the intellectual property, privacy, publicity, or other rights of another User or third party;
• Any fraudulent, unlawful, or harmful acts performed by you in connection with the Platform.

This indemnification obligation applies regardless of whether Sway It was negligent or partially responsible for the claim. You agree to cooperate fully with Sway It in the defense or settlement of any claim. Sway It reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Sway It reserves the right, at its sole discretion, to suspend or terminate your account and access to the Platform, without prior notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law;
• Conduct that Sway It believes may harm the Platform, other Users, or third parties;
• Fraudulent, abusive, or unethical behavior in connection with Campaigns or transactions.

You may also terminate your account voluntarily at any time by contacting us at contact@swayit.com. Upon termination, your access to the Platform will be disabled, and any pending transactions or Campaigns will be handled according to the Platform’s payment and completion policies. Certain obligations, including indemnification, payment of fees, and intellectual property licenses, will survive account termination.

By continuing to use the Platform, you acknowledge and agree that Sway It may enforce these termination rights at its discretion to protect the safety, integrity, and proper functioning of the Platform.

Sway It reserves the right to modify, update, or replace these Terms at any time, in whole or in part, at its sole discretion. Material changes will be communicated by updating the “Last Updated” date at the top of these Terms and posting the revised Terms on the Platform. Your continued use of the Platform after such changes constitute your acceptance of the updated Terms. Users are encouraged to review the Terms periodically to remain informed of any updates.

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any transaction between Users (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except as expressly provided herein.

The arbitration shall be administered in accordance with the rules of the American Arbitration Association (AAA) or, if mutually agreed upon by the parties, another recognized arbitration service. The arbitration will be conducted by a single neutral arbitrator with expertise in commercial and digital platform matters. The arbitration proceedings shall take place in California, unless the parties mutually agree to another location. The arbitrator’s decision shall be final, binding, and enforceable, and judgment may be entered in any court of competent jurisdiction.

By using the Platform, you expressly waive your right to participate in any class action, collective action, or representative proceeding against Sway It or its affiliates. Each party shall bear its own costs and attorneys’ fees, unless the arbitrator decides otherwise.

This dispute resolution provision survives termination or expiration of your account and ensures that all claims, whether arising before or after account termination, are resolved in a fair, efficient, and legally enforceable manner.

If you have questions, concerns, or need clarification regarding these Terms, please contact Sway It LLC using the following information:

• Company: Sway It LLC
• Email: contact@swayit.com
• Website: https://swayit.com

You may use this contact information for inquiries regarding account issues, disputes, or any legal matters related to the Platform. Sway It is committed to providing timely responses to User questions and maintaining open communication regarding the use of the Platform.