Thank you for choosing Sway.ly! Sway.ly wants to help you take control of your exposure to negative content and fake and misleading news on social media. This document, which we refer to as Terms, regulates the services we provide to you, and your and our obligations in connection thereto; they are a legal contract between you and Sway.
We are Sway.ly As Limited, doing business as Sway.ly ("Sway.ly", "we", "us", or "our"), a company registered in the United Kingdom at 1007 London Road, Leigh on Sea, Essex, SS9 3JY. Our VAT number is GB454 5221 07 and company number is 12994988.
Want a simpler version of these terms? Our Terms FAQ for Kids & Teens can be found here. They set out a summary of these Terms of Use in a child friendly format; you can read this yourself, or your parents can use it to explain things to you.
We recognize that children have a right to privacy, as established in the United Nations Convention on the Rights of the Child (Article 16) available here. While our service helps you monitor your child's online activities, we encourage open and age-appropriate conversations about online safety.
The UK Information Commissioner's Office (ICO) provides excellent resources to help you discuss privacy with your children in a way they can understand. We recommend reviewing these materials at ICO Children's Resources and explaining to your child how and why you're using Sway.ly to help keep them safe online.
Finding the right balance between protection and privacy is important - our service aims to support this balance while respecting your child's growing independence.
Sway.ly operates the website https://www.sway.ly (the "Site") and the mobile application named Sway.ly (the "App"), as well as other products and services that refer or link to these Terms, including any software we provide in connection thereto (the "Sway.ly Software") (collectively, the "Services").
Sway.ly, your Partner for taking control of Social Media
Sway.ly is an Al-powered application, grounded in research, statistics and insight, designed to safeguard young people and families from the negative impacts of social media. Unlike standard parental control software, Sway.ly acts as an educational and supportive guide, fostering informed online behavior. It analyzes content across major social media platforms, flagging posts, influences, and accounts linked to harmful themes like violence, adult content, abuse, body image, identity, junk food addiction and gambling.
Crucially, Sway.ly encourages open communication between parents and children by providing accessible guidance and support.
To deliver a personalized service, Sway.ly utilizes several unique features. it combines user-provided information with data from various sources to generate tailored recommendations; please pay close attention to your social media platform terms and conditions and privacy policies to know what information is shared to us or other businesses and for what purposes.
Culturally and geographically relevant filters are employed to analyze social media usage, ensuring accurate and context-aware assessments. Sway.ly contextualizes usage by comparing user activity with similar peers, providing valuable insights into online habits. Additionally, Sway.ly uses inference and statistical sampling to make informed deductions about user behavior, enhancing the precision of its analysis and recommendations. Research and Al allows us to have a trust engine to let you know if content should be trusted or not.
To provide our Services, we use research, statistics, and artificial intelligence. This means the information you receive is intended as a suggestion and may not always be correct, complete, unbiased, or accurate. You are responsible for any decisions you make based on this information.
Our Services are currently in the "Beta" stage, this means that they are experimental, pilot, limited release and/or in development. Considering that the Services are at their "Beta" stage, you agree and acknowledge that we provide the Services on an "As Is" or "As Available" basis and they may contain bugs, errors or other problems. Furthermore, they may be interrupted, or certain of their features or functionalities may be limited. Furthermore, we may develop updates for the Services from time-to-time, including patches, upgrades, fixes and new features or functionalities. Updates may modify the then-current Service's features or functionalities. Furthermore, if you fail to install such updates, the Service may cease operating properly.
Any individual that downloads, installs, accesses, or uses the Services, creates an account to use the Services or interacts with Sway.ly in any other way regarding the Service (the "Users") is bound by these Terms. If you fail to comply with these Terms, we may terminate your Account. The updated Terms will always be accessible at www.sway.ly/terms.
The Services are created for a family or personal setting, if you use them for any other setting, you do so at your own risk.
These Terms are divided in the following topic headings, to make them easier to understand:
What you can expect from us, and we can expect from you.
Subscriptions, Automatic Renewal and Cancelation.
Intellectual Property and License Terms.
Support and Contact Information.
General Legal Terms.
Please read these Terms in full, it is important for you to understand them, particularly the automatic renewal terms.
You need to be above the age of majority in the country you live in to create an Account (as defined below).
You agree to use, and make any User of your Account use the Services in accordance with these Terms and applicable laws and may not use them for any fraudulent, harassment or abusive purpose or any other way that may harm third parties, the Services or Sway.ly or violate any rights of the Users or third-parties. You agree that the Services may only be used in your Devices (as defined below) or the Devices you legally control, or the Users Devices you allow to use your Account, as described below.
To be able to use certain portions of the Services, Sway.ly may require you to create a User account (the "Account") online at the Site, the App or as otherwise informed by Sway, and to provide personal information. You agree to comply with any requirements by Sway.ly in connection with the creation and maintenance of your Account, including two-factor authentication. Upon receipt of confirmation that your Account was verified, you will be granted a limited, revocable, non-exclusive, and non-transferable license to use the Services in accordance with these Terms.
Only you or your immediate family can use your Account as Users. All Users must use the Services in accordance with these Terms and applicable laws. If required by law, you must obtain informed consent of any Users other than yourself per the terms therein.
To be the main User of the Services, you must be 18 years of age or above the age of majority in your jurisdiction of residence (whichever is greater). If you allow: (i) a minor to use the Services as a User, you must be their parent or legal guardian and/or hold power of attorney that allows you to bind them to these Terms, the Privacy Policy (as defined below) and any other agreement with Sway.ly or they must be able to do soon their own behalf, per the exceptions set forth in the applicable law; or (ii) any other member of your family above age of majority to use the Services as a User, you must provide to us their contact information so they can accept these Terms, the Privacy Policy (as defined below) and any other agreement with Sway.ly on their own behalf. Depending on applicable law and other considerations, we reserve the right to request further information, representation, actions, or documentation to confirm such your parentage or legal appointment.
You, and any Users you allow to use the Services, are responsible for maintaining confidentiality and making your best efforts to prevent and protect Services, and any information in connection therewith, from unauthorized disclosure and improper use. You, and any Users you allow to use the Services, are also responsible for keeping your Account username and password secure, which must not include inappropriate wording, impersonate third parties or include any third party's intellectual property without authorization.
Do not share your password with anyone; any activity that occurs using your password is your responsibility. If you suspect your password has been compromised, let us know right away. We are not responsible for any delays or losses that may occur if you do not report a security breach promptly.
We use different technology to access the User's social media account(s) and render our Services. These technologies are continually refined to optimise performance. In many instances, you will be required to follow several steps so we can automatically retrieve data regarding your social media account and usage during the Terms of your Subscription Plan or until you request otherwise (by emailing us at support@sway.ly), which may include providing
us with your social media username and password or accessing your social media account through our platform. Our App will guide you through each stage of this process. We once again encourage you to pay close attention to your social media platform terms and conditions and privacy policies to know what information will be retrieved after this process, as well as the data that is otherwise shared to us or other businesses and for what purposes.
You retain the option to withhold or revoke access to specific social media accounts, however, in such cases, we will be unable to provide Services related to those accounts.
Our Services may allow you to create groups of families or friends on a Subscription Plan to share certain information about internet and/or social media usage within our app. You agree and acknowledge that Sway.ly will publish your internet and/or social media usage therein.
We prioritise the security of your personal data. In compliance with applicable laws, we implement robust technical and organisational measures to safeguard your information against unauthorised access, alteration, disclosure, destruction, or loss.
These measures include:
Technical safeguards: Such as firewalls, pseudonymisation, and encryption technologies.
Organizational safeguards: Such as secure user logins, physical security measures, and internal policies to ensure the confidentiality, integrity, and availability of your data.
You may terminate these Terms and the Services at any time by cancelling your Service Plan, per Section 2.2 below, discontinuing the use of the Services, deleting your Account and/or uninstalling the App.
We reserve the right, at our sole discretion, to block or cancel any Accounts and/or terminate the Services by sending you notice to the email registered to your Account, in the event we consider you and any Users in your Account
have violated these Terms, if you provide any inaccurate, untrue or incomplete information or any other reason we deem appropriate, to our sole discretion.
We can cancel your Account if it has been inactive for 24 months by sending you notice to the email registered to your Account at least 14 days in advance.
If your Account and/or Services are terminated, you will lose access to them and all personal and payment data in your Account will be automatically deleted. We'll only keep such data if we need it for legal reasons or backup, subject to the terms of our Privacy Policy.
A device that is enabled to access the Internet is required to access the Services (the "Devices"). Furthermore, such devices need to comply with the following system requirements and any other requirements informed or notified by Sway.ly on the Website, the App or otherwise:
Apple iOs system
You agree and acknowledge that the Services will not work or will only partially work if the Devices do not comply with such system requirements.
The Services are subject to unavailability, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused or limited. In such cases, your access to certain news or social media sites or apps on your Device may be limited.
We respect your privacy. Your submission of personal data through the Services is governed by our Privacy Policy. To the extent allowed under the applicable law, you agree and acknowledge that you have reviewed and understood this Privacy Policy and consent to the terms described therein.
You may choose to receive newsletters from Sway.ly regarding our Services.
If you've shared your contact information with us, we may send you such newsletters, marketing emails about our services and other updates about Sway.ly. If you don't want to receive these emails, you can check the appropriate box when you sign up for our Services.
If you later decide you don't want our newsletter or marketing emails, simply click the 'unsubscribe' link in any email we send or contact us at support@sway.ly. Remember, unsubscribing from these emails won't stop important Service-related messages.
Our Services may be billed on a subscription basis ("Subscription Plan"). If applicable and you elect to enroll in a Subscription Plan, you first need to create an Account and choose your Subscription Plan. Our Site or App will clearly state the fees for each Subscription Plan before you subscribe. You will receive an email acknowledging your enrollment in the applicable Subscription Plan. You will then be billed in advance for your Subscription Plan on a recurring and periodic basis ("Billing Period"). The length of your Billing Period will depend on the Subscription Plan you select. Billing Periods will typically consist of one (1) month or one (1) year terms ("Subscription Plan Term"). You agree to pay for the Subscription Plan that you select through our payment service providers. You also authorize us to automatically charge the then-current fees of your chosen Subscription Plan through the payment method our payment service provider has on file based on the Billing Period applicable to your Subscription Plan. Payments under your Subscription Plan are non-cancellable and non-refundable, except under Section 2.3 below. If your fees payment card is declined when we attempt to charge it, we may try to charge it again later. If we do not receive payment, we may suspend or terminate your Subscription Plan immediately.
The fees we charge for the Subscription Plans may be modified at sole discretion, provided we give you a 7-day prior notice thereof through email registered to your Account and/or through the Site or App; these fee changes will be valid in the next Billing Period. If you disagree with this change increase, you can cancel your Subscription Plan per the terms set forth in Section 2.2. Any continued use of Services under a Subscription Plan after that Billing Period will be deemed to have accepted the new fees.
Your subscription will automatically be renewed unless you or we cancel it, or it is terminated per the terms of this document. You can cancel your
Subscription Plan at least 7 days prior to the commencement of your next Billing Period through the "Manage Account" area on the app. We will then cancel your Subscription Plan at the end of the current Billing Period, and you will not be charged again. Otherwise, your Subscription Plan will automatically renew for an additional Billing Period.
If your Account is terminated due to your breach of these Terms, you will not be eligible for any refund. If Sway.ly cancels a Subscription Plan Term for any other reason, you may be entitled to a pro-rated refund of your then-current Subscription Plan fees payment. If you wish to request a refund in such cases, please contact subscription@sway.ly.
We may offer you a Subscription Plan free trial. If we do, you will get details or special terms and conditions about it in our promotional material, or when you sign up or enter referral codes. You might need to provide your billing information for free trials, but you will not be charged during the trial. To avoid charges, cancel your Subscription Plan at least 7 days before the trial ends. If you do not cancel, you will be automatically charged for the Subscription Plan you chose in the next applicable Billing Period. We can change or end free trial offers at any time, provided we give you 7 day prior notice thereof through the email registered to your Account and/or through the Site or App.
If you are a User residing in the UK or the European Union Area, you have the right to withdraw from or cancel your Subscription Plan within a specific term, currently 14 days, as of the commencement of your Subscription Plan. This right of withdrawal or cancellation does not apply to renewals of your existing Subscription Plan.
Let our legal team know clearly by email subscriptions@sway.ly that you want to exercise such right to withdraw or cancel. Unless any exceptions to your right of withdrawal are applicable, we will give you a full refund within 14 days, except if you started using your Subscription Plan during that period. After 14 days from purchase/activation, you may cancel your subscription as described above but you will not receive a refund.
We do not charge any fees for such a refund, and we will use the same payment method you used for the Subscription Plan, unless you instruct us otherwise.
When you hire a Subscription Plan and pay the applicable fees, Sway.ly grants you a personal, non-transferable, nonexclusive, limited and revocable license to install and use the Sway.ly Software and access the Services, exclusively for the duration of your Subscription Plan Term and as covered therein. You may only use the Sway.ly Software and the Services per the provisions set forth in these Terms and any other requirements established by Sway.ly and exclusively on the number of Devices and for the number of users informed to you before you enroll to a Subscription Plan and the "Manage Account" section of the app. You may only use the Site or the Sway.ly Software to access and use the Services.
Sway, its licensors and other content suppliers are the sole owners of all the intellectual property related to the Services, including the App and other Sway.ly Software and their releases, revisions, updates, or enhancements, as well all of their content, features, and functionality, including, without limitation, information, works, text, graphics, logos, icons, clips, images, graphic interfaces, compilations, computer code (including source code or object code), software, products, as well as the design, selection and arrangement thereof, and any related, suggested or linked documentation (collectively, the "Content"). Sway.ly reserves all rights not expressly granted in these Terms.
Except as expressly authorized by Sway, you will not use the Content, trademarks, commercial names, logos, domain names, or other intellectual property related to the Services.
You agree not to:
Our Services require that we monitor, analyse and store information from your Devices (i.e., information regarding your internet usage) and other related communications. You agree and acknowledge that you and any applicable Users are the owners of licensees of information, that you have the right to provide us with such information and are solely liable for our use of such information to provide the Services. You grant us a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to store and process such content on our servers during the term of your Subscription Plan exclusively for the provision of the Services.
By providing feedback, suggestions or other input regarding or related to the Services to Sway.ly (the "Contributions"), you grant us and our affiliates a worldwide, sublicensable, perpetual, royalty-free license to use, modify, and distribute your Contributions at our sole discretion, to the extent permitted by the applicable law. This includes the right to create derivative works, publish, and translate your input for any business purpose. We are not obligated to use or publicly acknowledge your Contributions, and they will not be deemed as confidential information. You represent and warrant that all your Contributions will be accurate and will not damage Sway, its licensors or content suppliers, and that they will not infringe third-party rights, including intellectual property or privacy rights, or violate any applicable laws.
The Services may contain Content by third parties or links to third party websites ("Third-Party Content"). Although Sway.ly makes reasonable commercial efforts to check the Third-Party Content's accuracy, Sway.ly does not control or bear any responsibility thereto. If you leave our Services to access such Third-Party Content, these Terms no longer govern, and you access such content at your own risk. You agree and acknowledge that Sway.ly is not liable for any losses or harm to you resulting in any way of the Third-Party Content.
We offer Service support through support@sway.ly, which can be suspended or affected for maintenance and security issues or for overcapacity.
If you have any question of these Terms or the Services or need to contact us for any complaints or clarifications, you can contact us through the Account or as follows:
Sway.ly Customer Service
Address: United Kingdom at 1007 London Road, Leigh on Sea, Essex, SS9 3JY
Email: support@sway.ly
Phone: +44 203 916 5626
We are available from 9am to 5pm London UK time and we aim to respond to all queries within 24 hrs.
Provided Sway.ly does not materially reduce the Services offered under a Subscription Plan in which you have enrolled and subject to any mandatory applicable law, Sway.ly may modify the Services, its features and functionalities. We also reserve the right to modify or update these Terms, in the understanding that we will notify any substantial modifications, through the email registered to your Account, in a reasonable manner before the modification takes effect, and will be effective on the date of publication in the App or the Site.
Sway.ly strives to provide the Services in a satisfactory manner. To extent permitted by law and per Section 1.4, Sway.ly makes no other warranty, express or implied, regarding the Services, and disclaims any warranty of merchantability, fitness for a particular purpose or any other warranty regarding the quality of the Services.
To the extent permitted by law, Sway.ly is not liable for any damages or liabilities arising from your use of the Services, including direct, incidental, indirect, special, or consequential damages. We are also not liable for losses caused by your use of or inability to use the Services, data breaches, data loss, changes to our Services, or the actions of third parties. Our liability is limited to direct damages and cannot exceed the total amount you paid in the past twelve months. This limitation does not apply in cases of death of or personal injury resulting from an act or omission of the Sway.ly.
If your jurisdiction prohibits any of these limitations on warranties and of liability, such limitations will not apply to you.
To extent permitted by law, you agree to indemnify and hold us, our affiliates, content suppliers, agents, suppliers, vendors, contractors, resellers, third-party partners and licensors harmless from any claims, losses, damages and liabilities in connection with any matter related to your use or misuse of the Services or any breach of the representations, warranties, and covenants made by you in these Terms.
These Terms and any documents incorporated here by reference reflect the entire agreement between You, the Users and Sway.ly with respect to the subject matter regulated herein. If any provision of these Terms is held to be unenforceable by a competent authority, such provision shall be enforced in a modified form to the extent necessary to make it enforceable.
The sections of this Agreement that by their nature are intended to survive its expiration or termination will survive the expiration or termination of this Agreement.
Neither party will be liable for performance of obligations under these Terms if caused by events beyond their reasonable, including strikes, riots, pandemics or epidemics, natural disasters, acts of God, war, terrorism, denial-of-service attacks, internet disturbance and governmental action.
All notices under these Terms and/or in connection with the Services must be made in writing. Notices will be deemed as delivered only if they are delivered in person or sent by certified or regular mail with a return receipt or by email with confirmation of receipt.
These are designated addresses for notices:
Sway.ly:
Address: 1007 London Road, Leigh on Sea, Essex, SS9 3JY
Attn: Legal Department
With a copy emailed to support@sway.ly, which will not be considered as a notice.
You: The email address registered to your Account
Notices related to legal actions, disputes, indemnification claims and breach and termination notices to Sway.ly need to be in writing, email alone is insufficient.
You agree to receive communications from Sway.ly via the email registered to your Account, which will be considered valid for legal purposes and will satisfy any legal notice requirements. You are responsible for keeping your contact information up-to-date in the App or the Site and notifying Sway.ly of any changes.
Unless the law of your country of residence states otherwise, the laws of England will govern these Terms and the relationship between you and Us, in the understanding that we may seek injunctive relief in any jurisdiction in order to enforce our rights hereunder. You agree that the United Nations Conventions on Contracts for the International Sale of Goods (1980) is specifically excluded from and does not apply to these Terms.} </p> <p> {If there is a dispute between us relating, directly or indirectly, to these Terms and/or the Services, then that dispute will be subject to the jurisdiction of the courts of England, with express waiver of the jurisdiction that may correspond, unless the law in your country of residence allows you to choose the courts of that country for such purpose. If you are consumer in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the consumer protection laws in your member state and the European Commission provides an online dispute resolution platform which is available at the following link:http://ec.europa.eu/consumers/odr/