SwayBeta – Terms of Service

Definitions

1. Eligibility

You must be at least 13 years old and located in the United Statesto use the Service. If you are under 18, you must have permission from a parent or guardian. If local law sets a higher digital‑consent age, that age applies.

Account Security

You are responsible for maintaining the security of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.

2. Account Registration

You may use Sway either as a guest (providing only a first name) or by creating an account with an email and password. Guest sessions may expire after a specified period.

Accurate Information

You agree to provide accurate information and keep your account information current. Creating fake accounts or impersonating others is prohibited.

3. The Service

Sway facilitates text-based discussions between users, which may be supported by AI moderation and guidance. We reserve the right to modify, suspend, or discontinue features at any time.

Platform Neutrality

We act as a neutral platform for user communications. We do not endorse, control, or take responsibility for User Content or the views expressed by users.

Content Moderation

We may use automated systems and human moderators to review content, but we cannot guarantee all harmful content will be detected or removed. Our moderation decisions are made in good faith but may not be perfect.

Service Availability

We provide the Service on an "as available" basis. We do not guarantee continuous, uninterrupted access and may modify or discontinue features without notice.

4. User Content

Your Rights

You retain ownership of content you create. However, by using the Service, you grant us certain rights to use your content as described below.

License to Disagree Wisely

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your User Content to:

• Operate and improve the Service
• Provide customer support
• Comply with legal obligations
• Develop new features and services
• Conduct research and analytics (in anonymized form)

This license ends when you delete your content or close your account, except for content that has been de-identified and shared with others or is necessary for legal compliance.

Data Use for AI Training

Your data are never used by our AI providers (OpenAI, Anthropic) to train their models. We may use anonymized and aggregated data from user interactions to improve our AI systems and conduct research. We do not use personally identifiable information for AI training.

Your Responsibility

You are responsible for your User Content and must ensure it complies with these Terms and applicable laws.

Backup and Deletion

We may retain backups of content for operational and legal purposes. When you delete content, we will remove it from active systems but may retain copies in backups for a reasonable period.

5. Acceptable Use

You agree not to use the Service to:

• Violate laws or regulations
• Harass, threaten, or abuse others
• Use the service to transmit child sexual content
• Share illegal, harmful, or offensive content
• Impersonate others or create fake accounts
• Interfere with the Service's operation
• Use automated tools without permission
• Collect user data without consent
• Engage in commercial activities without authorization
• Share malware or harmful code
• Violate intellectual property rights

Content Moderation

We reserve the right to remove content or suspend accounts that violate these Terms. Our AI systems may make initial moderation decisions, which can be reviewed by human moderators upon request.

6. Intellectual Property

Our Intellectual Property

The Service, including software, designs, logos, and trademarks, is licensed exclusively to Disagree Wisely, Inc. and is protected by intellectual property laws.

Your License to Use

We grant you a limited, non-exclusive license to use the Service for its intended purpose. This license does not include rights to:

• Redistribute or resell the Service
• Modify or create derivative works
• Use automated data extraction methods
• Reverse engineer our software

Trademark Usage

"Sway" and related marks are trademarks of Disagree Wisely, Inc. You may not use our trademarks without written permission.

7. AI Features

Our Service includes AI-powered features for discussion facilitation and content moderation. AI systems are provided "as-is" and may not always be accurate or appropriate.

Third-Party AI Services

Our third-party AI partners (OpenAI and Anthropic) process your messages according to their own data handling practices. They do not use your data to train their models, and they delete data transmitted using their API within 30 days.

Professional Advice Disclaimer

AI-generated content is for informational purposes only and does not constitute professional advice. Consult qualified professionals for legal, medical, financial, or therapeutic guidance.

8. Third-Party Services

We may integrate with third-party services (such as SMS providers). Your data shared with these services is subject to their terms and privacy policies. We are not responsible for third-party practices or service availability.

9. Privacy and Security

Data Protection

We implement strong security measures to protect your data, but no system is completely secure. You should not share highly sensitive information through the Service.

Privacy Policy

Our Privacy Policy describes how we collect, use, and protect your information. By using the Service, you agree to our privacy practices.

10. Termination

Your Right to Terminate

You may close your account at any time through your account settings or by contacting us.

Our Right to Terminate

We may suspend or terminate accounts for violations of these Terms, inactivity, legal requirements, or other operational reasons. We will provide notice when reasonably possible.

Effect of Termination

Upon termination, your access ends and we may delete your account data. However, some provisions of these Terms continue to apply, including intellectual property rights, disclaimers, and limitation of liability.

11. Disclaimers

Content Accuracy

We do not warrant the accuracy, reliability, or completeness of User Content, AI-generated content, or third-party information.

User Behavior

We cannot control user behavior and do not warrant that users will comply with these Terms or be truthful about their identities.

Service Availability

We do not guarantee continuous service availability. The Service may experience interruptions, delays, or technical issues.

12. Limitation of Liability

Our total liability for any claims related to the Service will not exceed the greater of $100 or the amount you paid us in the past 12 months.

Specific Exclusions

We are not liable for:

• Actions or content of other users
• Loss of data or business interruption
• Third-party service failures
• AI system errors or inappropriate responses
• Security breaches beyond our control

Time Limitation

Claims must be brought within two (2) years of when the claim arose, or they will be barred.

13. Indemnification

You agree to indemnify and hold harmless Disagree Wisely, Inc. from claims arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of others' rights

This includes reasonable attorneys' fees and costs. We will notify you of any such claims and may assume control of the defense.

14. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice through the Service or by email. Continued use after changes take effect constitutes acceptance.

Notice Methods

We may provide notice by:

• Posting updates on the Service
• Sending email to your registered address
• In-app notifications

Rejecting Changes

If you do not agree to revised Terms, you may close your account before the changes take effect.

15. Governing Law and Dispute Resolution

These Terms are governed by Florida law, excluding conflict-of-law principles. Any disputes will be resolved in the state or federal courts of Florida.

Informal Resolution

Before filing any lawsuit, you agree to try to resolve disputes informally by contacting us first.

Individual Claims Only

You agree to resolve disputes on an individual basis and waive rights to participate in class actions or representative proceedings.

Arbitration Option

Either party may elect to resolve disputes through binding arbitration under the American Arbitration Association's Consumer Rules, conducted in Florida.

16. General Provisions

Entire Agreement

These Terms, along with our Privacy Policy, constitute the complete agreement between you and Disagree Wisely, Inc.

Severability

If any provision is found unenforceable, it will be modified to be enforceable or removed, while the rest of the Terms remain in effect.

Assignment

You may not assign these Terms without our consent. We may assign our rights to any third party.

Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

Export Controls

You may not use the Service in violation of U.S. export laws or regulations.

17. Contact Information