Effective date: August 17, 2022
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
SECTION 44 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS.
These Terms of Service (the "Terms") are a legal document between you ("you", "your") and Swaypay It, Inc. ("Swaypay", "Swaypay," "we" "our", or "us") a Delaware corporation.
Swaypay may provide services including, but not limited to, the Swaypay Rewards Program (the "Program") via our websites and mobile applications ("App") (collectively the "Services") to you subject to these Terms. Swaypay is the owner and operator of the Services. Please ensure you read these Terms carefully before using the Services. By using the Services, you explicitly agree to comply with and be bound by the Terms and all terms, policies, and guidelines incorporated and referenced herein. If you do not agree to all provisions of these Terms, do not use the Services.
1. Your Interaction with Our Participating Brands. The Swaypay Program allows you to participate in Offers to earn money. For example, you may be able to create videos showcasing your qualifying purchases from participating brands and sharing them on TikTok, regardless of your interaction with our participating brands. Our Participating brands pay Swaypay and Swaypay pays you. Your interaction and relationship is with Swaypay, alone. By using our App, website, and/or participating in our Program, you are sharing your receipt information with Swaypay which you provide us by registering, so that Swaypay can verify your qualifying purchases and give you the opportunity to earn money from our participating brands, regardless of your actual interaction with each. Swaypay does not share your personal information with any third party without your express consent. Please review our TikTok Post Offer Terms for detail on the specific Offer of earning money for posting your qualifying purchases on TikTok. The value you receive in participating in our Program is calculated solely by Swaypay. If you are a California consumer and want to learn more about how Swaypay shares your personal information, please review our Swaypay Privacy Notice for California Consumers. If you no longer want to share your personal information with Swaypay, please stop using the Services and delete your account at any time.
2. For Your Personal Use. The Services are for your own use only, and you may not resell, lease, or provide them in any other way to anyone else. You must be of the age of majority in your jurisdiction to use our Services. The Services are not directed at children under 14 years old, and Swaypay does not knowingly collect or maintain personal information from children under 14 years of age without a parent or guardian’s authorization.
3. Registration; Registration Data. Subject to your continued compliance with these Terms, you may register for one (1) account with Swaypay. If you have been previously suspended, removed, or otherwise deactivated from using the Services, you may not create or register another account to use the Services. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Registration Data"); and (b) maintain and promptly update the Registration Data, and any other information you provide to Swaypay, and to keep it accurate, current and complete. We are not responsible for any loss you suffer as a result of your not keeping your Registration Data current. You may also upload a profile photo for your account. You may submit video content to Swaypay. You grant Swaypay a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sublicensable license to use, reproduce, display, modify, adapt, create derivative works from any photos or materials you provide or upload to us through the App. You agree that any photo you upload as your profile photo:(i) will be owned or licensed by you to be used as your profile photo or as otherwise provide to us and that you have all rights allowing you to use the photo accordingly; (ii) will not infringe the intellectual property rights of others; and/or (iii) will not be offensive, harassing, violent, pornographic, or otherwise inappropriate. Although we have no obligation to monitor or screen any photos or materials you provide or upload to the App, we reserve the right to remove any photos or materials we deem as inappropriate within our sole discretion and without notice to you.
4. Your Account Security. When you create and register your account with us, you share your phone number and SMS code authentication method. You are responsible for maintaining the security of your account. You must notify us immediately via the contact information provided below if you suspect any unauthorized use of or access to your account. You will not share or transfer your account or password with or to anyone. We assume that anyone using the Services or transacting through your account is you.
5. How to Earn Swaypay Rewards. Swaypay's App allows you to participate in our Program to earn money for various Offers that you may be eligible for. For example, Swaypay may pay you for creating video content of your qualifying purchases, posting it them TikTok, and submitting your TikTok link to Swaypay. For more information this particular Offer type, please review the TikTok Post Offer Terms. In order to earn money, any receipt you submit must contain a description of the product specific enough for Swaypay to confirm that the purchase was made and that the item(s) in your purchase are showcased in the corresponding TikTok post you submitted. When you provide Swaypay a receipt, by SMS text submission, linking an account with receipt information, or other means made available by Swaypay, you allow Swaypay to process the information and identify the details on that receipt. If you purchased a product qualifying for Rewards according to the terms, and the receipt clearly describes a qualifying product, we will provide you money on behalf of the participating brand. We may not be able to accept or process receipts from some retailers, and so, money will not be available for submitting those receipts. Swaypay may limit the number of receipts that can be processed by you in a period of time to a maximum quantity, as notified in the services.
6. Cash Out Process. When you make a request to cash out the money in from your Reward balance, you must elect within the Wallet section of the App to cash-out. Once a cash out request is approved and authorized by us, your money balance will be reduced by the amount of money transferred to the PayPal or Venmo account selected by you. If you have any questions or concerns with the cash out process, you may contact us at email@example.com.
7. Receipt Parsing and Item Accuracy. Receipt parsing technology is not always accurate. If an item is improperly identified, either by product name, size, or price, please consult the appropriate in App process to resolve this inaccuracy. If this does not resolve the issue, please contact our support team. In the Services, the receipt correction processes may not be available for certain receipt types. In addition, you may have a limited period of time, as stated in the App, in which you are allowed to correct your receipt(s). You are responsible for reviewing your scanned receipt to confirm accuracy. Swaypay or any other affiliated business, participating brands, and/or retailers are not responsible for any inaccuracies in this process, and resolution through the in-App process and through our support team is your sole remedy.
OUR DIGITAL RECEIPT PROGRAM
SMS TERMS OF SERVICE
9. You agree that Swaypay may send transactional SMS messages, including important account notices, such as warnings and account security notices to the phone number you used to register your account or any phone number you provide to us in updating that information.
10. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
11. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at firstname.lastname@example.org.
12. Carriers are not liable for delayed or undelivered messages.
13. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
15. We will obtain your consent for marketing text and/or SMS messages separately and will provide you any necessary or required information relating to marketing text and/or SMS messages at that time.
Prohibited Conduct and Content
16. In using our App or services, you agree that you will not:
17. Fraudulent Activity. Any form of fraudulent activity is a violation of these Terms. Swaypay may take any action in its sole discretion against any activity it deems fraudulent, including deducting some or all of your Rewards, terminating your account, and taking any other legal or equitable action which may be available to us. Fraudulent activity includes any action that is deceptive or an attempt to gain Rewards not in accordance with these Terms and includes but is not limited to, creating fake receipts, fake accounts, submitting altered receipts, submitting receipts for purchases not made by you, and/or buying products and returning them. You may dispute an action that Swaypay deems fraudulent by contacting Swaypay at (email@example.com) within thirty days of Rewards deduction (or other action) as a result of fraud. After 30 days, you waive any right to future claim or dispute to the deactivation decision by Swaypay.
18. Our Communications with You. We send notices to the email address you maintain in your Registration Data. As part of the Services, you may receive push notifications, text messages, alerts, emails or other types of messages directly sent to you from Swaypay or our participating brands (which may include service providers) outside or inside the Services ("Messages"). You have control over the Messages settings, and can opt in or out of these Messages through the features available for each specific means of Messaging, such as through the Services or through your devices' operating system. Some Messages are transactional in nature and you cannot unsubscribe from them. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. You are responsible for keeping your Registration Data current to avoid missing notices about your account or changes to our Terms or a notice regarding termination of the Program.
20. Intellectual Property. Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained in or communicated using the Services, including, without limitation, the Swaypay name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Content") are the property of Swaypay or its licensors and are protected by United States and international copyright or trademark laws. All rights to the Content are expressly reserved by Swaypay. Nothing contained in the Services may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Swaypay or any third party without the prior written permission of Swaypay or such other party that may own such patent, trademark, copyright or other proprietary right(s).
21. Limited License. Swaypay grants you a personal, non-commercial, limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Services and to view, copy and print portions of the Content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Services or the Content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Services or any Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Services or Content without the prior written permission of Swaypay is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You may contact Swaypay at firstname.lastname@example.org to request permission for uses of Content not included in the license.
22. Your Warranties. You represent and warrant that you will be personally responsible for your use of the Services and that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.
23. Copyright Policy and Complaints. Swaypay takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our App infringes any copyright that you own or control, you may notify Swaypay's designated agent as follows:
Designated Agent: Copyright Agent
104 Midwest Club Pkwy
Oak Brook, IL 60523
E-Mail Address: email@example.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Swaypay for certain costs and damages
24. Disclaimer of Warranties. We take reasonable steps to provide the Services in a secure, timely, accurate and complete manner. However, it is possible that information provided through the Services may be incorrect or not current. Further, the Internet has inherent risks, and we cannot guarantee that your access to and use of the Services will be uninterrupted or error free or that the Services, or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and check Rewards to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for reconstruction of any of your lost data. You are responsible for making sure your Registration Data is correct and current. The products that you purchase for Rewards that may be awarded that are associated with Swaypay Offers are not sold or endorsed by us, and we have no responsibility for them or for any loss or damage you may suffer from purchasing or using them. Swaypay is not responsible for typographical errors or omissions relating to pricing, text or photography. Swaypay is not responsible or liable for any loss or damage of any sort incurred as the result of dealings third party promotions or as the result of the presence of third-party advertisers on the Services. YOUR USE OF THE SERVICES AND THE CONTENT PROVIDED ON THE WEBSITES AND MOBILE APPLICATIONS IS AT YOUR OWN RISK. THE SERVICES AND THE CONTENT PROVIDED THROUGH THE WEBSITE AND MOBILE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE SERVICES, THE MOBILE APPLICATIONS OR ANY HYPERLINKS TO OTHER INTERNET RESOURCES.
25 Limitation of Liability. SWAYPAY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE "SWAYPAY PARTIES") SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: LOSS OF USE, DATA, REVENUE, OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, CONTENT, OR APP. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR ANY CLAIM THAT YOU MAY HAVE RELATING TO THE SERVICES OR MATERIALS IS YOUR RIGHT TO CEASE USE OF THE SERVICES AND MATERIALS.
26. Indemnification. You agree to defend, indemnify and hold harmless Swaypay, its affiliates, officers, gents, employees, and partners arising from or in any way related to any third party claims relating to from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services other than as expressly authorized in these Terms of Service, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense. The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.
27. User Communications. You may be able to provide responses, comments, reviews, recommendations, information, or suggestions and submit questions through the Services or through third-party services (collectively, "User-Generated Content"). To the extent you publicly post User-Generated Content, you agree that it will not be harassing or otherwise inappropriate or unrelated to the Services. We are not responsible for the content of User-Generated Content, including its accuracy or quality, but we may monitor the submission of User-Generated Content in our sole discretion. We cannot control and have no duty to take any action regarding how you may interpret third party User-Generated Content, and you hereby release us from any and all liability relating thereto. You are responsible for all your own activity in connection with the Services and User-Generated Content. User-Generated Content will become Swaypay's property and may, at Swaypay’s sole discretion, be licensed to, transferred to, or shared with any third-party. You hereby relinquish and assign to Swaypay the worldwide, royalty free, right, title, and sublicensable license to run, use, re-use, implement, copy, display, transfer, share, and create derivative works from User-Generated Content in whole or in part, in any form (including for commercial, promotional, or marketing purposes) including any opinions, ideas, concepts, know-how, or techniques contained therein for any purpose.
29. Withdrawing from Swaypay; Cessation, Suspension, and Termination. You are free, at any time, to withdraw from our Program or to stop using the Services by contacting us at firstname.lastname@example.org. Swaypay may also terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including if you violate any of these Terms. Swaypay has the sole discretion to determine whether you are in violation of these Terms. Account termination may result in destruction of any Content associated with your account. We will try to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, otherwise harmful to the rights or property of Swaypay, or for any other reason deemed reasonable by us. Swaypay may also stop providing the Services at any time. If we cease providing the Services, we will notify you at the email address you provide in your Registration Data, and if practicable, we will provide you thirty (30) days notice to make a cash out request. If you cancel or inactivate your account, any then currently existing Rewards balance will automatically expire upon cancellation or inactivation. It is your responsibility to make a cash out request before cancellation or inactivation.
30. Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Swaypay's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations in our sole discretion.
31. Applicable Law and Venue. Subject to Section 44 below, these Terms are governed by and will be construed under the laws of the State of Illinois, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in a court of competent jurisdiction in the State of Illinois, Cook County. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Illinois.
32. MANDATORY ARBITRATION; CLASS ACTION WAIVER. You agree that all claims or disputes arising out of the Terms will be decided by an arbitrator through arbitration and not by a judge or jury ("Arbitration Agreement"). This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), which are available at www.adr.org. The arbitrator's fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys' fees. The arbitration proceeding will take place in Chicago, Illinois, unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator's decision and award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver and/or the arbitrability of a claim or dispute may only be determined by an arbitrator. The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party's intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.
33. INFORMAL RESOLUTION. In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 30 days, except as provided below. To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail to us at:
Swaypay It Inc., Legal Department
104 Midwest Club Pkwy
Oak Brook, IL 60523
Attn: Legal Department
If we would like to discuss an issue with you, we will contact you using an email or mailing address we have on file for you. IF WE DO NOT REACH AN AGREED UPON SOLUTION AFTER OUR DISCUSSIONS FOR AT LEAST 30 DAYS, YOU AND WE AGREE THAT ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR SERVICE IS SUBJECT TO SECTION 44 ABOVE.
34 LIMITED TIME TO BRING A CLAIM. YOU AND WE AGREE TO BEGIN ANY CLAIM AND/OR ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
35. WAIVER OF JURY TRIAL. YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Swaypay are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 44 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
36. Taxes. You agree that you are solely responsible for all applicable federal, state, local or provincial withholding, taxes, and government fees or costs associated Rewards and any exchanges and distributions.
37. Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms that relate to any disputes between you and Swaypay.
38. Severability. If any provision of the Terms is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of the Terms shall be unimpaired and shall remain in full force and effect.
39. Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Swaypay agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Swaypay, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). You agree that Swaypay has not made, and you have not relied on, any representation by Swaypay relating to the Rewards, the Services, or the swaypayit.com website or mobile application other than those expressly set forth in these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Swaypay in any respect whatsoever. You and Swaypay agree there are no third-party beneficiaries intended under these Terms.
41. Questions. If you have any questions regarding these Terms or your use of the Services, please submit a support request to email@example.com, or contact us at:
Swaypay It, Inc
104 Midwest Club Pkwy
Oak Brook, IL 60523