Terms of Service for Brands

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1. Brand Subscriptions

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Swavy offers three types of subscription plans for brands: Basic, Standard, and Enterprise. By subscribing to any of these plans, brands agree to comply with these Terms of Service.

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1.1 Subscription Plans

1.1.1 Basic Plan

• Allows 1 user account
• Includes 1 brand
• Provides 1 campaign credit per month
• Includes 3 creator deal credits per month
• Incur a 10% marketplace fee on all transactions

1.1.2 Standard Plan

• Allows up to 5 user accounts
• Includes 1 brand
• Provides unlimited campaign credits per month
• Includes unlimited creator deal credits per month
• Incur a 10% marketplace fee on all transactions

1.1.3 Enterprise Plan

• Offers bespoke features tailored to the brand's specific needs
• Subscription details and fees are discussed and agreed upon between the brand and Swavy
• Provides customized user accounts, campaign credits, and deal credits
• Marketplace fee and other terms are negotiated

1.2 Subscription Fees

• Subscription fees for the Basic and Standard plans are billed monthly or annually, depending on the chosen billing cycle.
• Subscription fees for the Enterprise plan are determined during the bespoke feature discussion and agreement process.

1.3 Payment Terms

• Subscription fees must be paid in advance of each billing cycle.
• Swavy reserves the right to change subscription fees upon 30 days' notice to the brand.

1.4 Renewal and Cancellation

• Subscriptions automatically renew at the end of each billing cycle unless cancelled by the brand.
• Brands may cancel their subscription at any time through their account settings. Cancellation will be effective at the end of the current billing cycle.
• No refunds will be provided for partial months of service or unused features.

2. Campaign Management

2.1 Campaign Credits

• Basic plan subscribers receive 1 campaign credit per month.
• Standard and Enterprise plan subscribers receive unlimited campaign credits per month.
• Campaign credits allow brands to post campaigns seeking creator content.

2.2 Creator Deal Credits

• Basic plan subscribers receive 3 creator deal credits per month.
• Standard and Enterprise plan subscribers receive unlimited creator deal credits per month.
• Creator deal credits allow brands to accept applications from creators for their campaigns.

3. Payments and Fees

3.1 Payment Processing

• Payments to creators are processed through a third-party payment processor. Brands agree to comply with the terms and conditions of the payment processor.
• For campaigns offering a flat fee, brands must submit payment for each creator application before the creator starts creating the content. The platform will facilitate this payment process before advancing the campaign.

3.2 Marketplace Fee

• A 10% marketplace fee is applied to all transactions on the platform for Basic and Standard plan subscribers. The fee details for the Enterprise plan are negotiated during the bespoke feature agreement process.

4. Responsibilities and Conduct

4.1 Brand Responsibilities

• Brands must provide accurate and complete information when creating an account and posting campaigns.
• Brands must accept or reject creators and their content in a timely manner.
• Brands must provide payment for creators according to the agreed payment structure.
• Brands must comply with any requests from Swavy to remove content that violates these Terms or any applicable laws or regulations.

4.2 Prohibited Conduct

Brands are prohibited from:

• Posting false or misleading information.
• Engaging in any activity that disrupts or interferes with the platform.
• Attempting to gain unauthorized access to other user accounts or data.

5. Termination and Suspension

5.1 Termination by Swavy

• Swavy reserves the right to suspend or terminate any brand account that violates these Terms or engages in conduct deemed harmful to the platform. This includes, but is not limited to, fraud, misrepresentation, and abusive behavior.
• Upon termination, brands will lose access to their accounts and any campaigns or content stored on the platform. Swavy will not be liable for any loss of data or content resulting from termination.

6. Dispute Resolution

6.1 Informal Resolution

• Brands are encouraged to resolve disputes informally by contacting Swavy support.

6.2 Mediation by Swavy

• Swavy will act as a mediator in disputes between brands and creators. Swavy’s decision in such disputes will be final and binding.

6.3 Governing Law

• These Terms are governed by the laws of the United Kingdom.

7. Liabilities and Disclaimers

7.1 Limitation of Liability

• Swavy will not be liable for any indirect, incidental, or consequential damages arising from the use of the platform.

7.2 Disclaimer of Warranties

• The platform is provided “as is” and “as available” without any warranties of any kind, either express or implied.

7.3 Indemnification

• Brands agree to indemnify and hold harmless Swavy from any claims arising out of their use of the platform, including any negative effects of campaign outputs or creator behavior.

8. Contact Information

• For questions or concerns regarding these Terms, please contact us at support@swavy.app.

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