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Welcome to Swaypay. These Terms of Service set forth the terms and conditions that apply to your access and use of our website (www.Swaypayit.com), software applications, web application, and other online services (collectively, the “Services”) provided by Swaypay.
Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services. The terms “Alcamy” or “Swaypay” or “us” or “we” or “our” refer to Alcamy App, Inc. d/b/a Swaypay, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.
You agree to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). These Terms of Services are the only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms of Service. You must be at least of the age of legal majority where you live (which is currently 18 years old in most states) to use our Services, or you must be at least 13 years old and have the permission of your parent or guardian who must agree to these terms on your behalf.
These Terms of Service may be amended at any time by us without specific notice to you. The latest Terms of Service will be posted on our website, and you should review the Terms of Service prior to using the Services, so you are aware of any changes. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.
Before purchasing a product or service with Swaypay, you will receive instructions regarding your social media posting obligations. The obligations include, but are not limited to, the number of posts to publish, which social media platform to use, and the timeline for which your post(s) must be published. The instructions must be followed in order to receive the full discount. If any instruction is not followed, Swaypay and any partnering third-party merchants reserve the right to charge you the full list price for the products/services you purchase using Swaypay. Repeated violations of your posting obligations may lead to your removal from the Service. It is imperative for you to review your obligations regarding social media posts. These obligations can be found in Sections 5 and 6 of these Terms of Service.
By using our Services, you agree to how we, our online payment processor (Stripe), and our partnering merchants charge you for using the Service. For every purchase you make, Swaypay imposes a service fee that is embedded in the final, discounted price you see. You can find more information about our pricing on the Pricing Page. All refunds are handled by our partnering third-party merchants. However, the service fee you pay to Swaypay when making a purchase will not be refunded to you. For further information regarding how fees are handled between us, our third-party merchants, and Stripe, please see our Merchant Agreement.
By using Swaypay, you are agreeing to post the products you purchase on social media. You agree to publish the number of social media posts (“Posts”) on the specific social media platforms as outlined at the point of purchase. The Posts will conform to the specifications and instructions provided to you at the point of purchase. You will publish each Post in a timely basis according to the instructions provided to you at the point of purchase. Your Posts must comply with the Federal Trade Commission’s (“FTC”) Guides Concerning Endorsement and Testimonials (“Endorsement Guidelines”), which can be found here: FTC Endorsement Guidelines. Further information and guidance regarding disclosures, can be found here: Disclosures 101 for Social Media Influencers.
Your Posts must: (a) make factual statements about Swaypay, third-party merchants, and any products/services you advertise; (b) be original and created solely by you; (c) not include the intellectual property of other parties, including any third-party music, photographs, artwork, trademarks, logos, or slogans; (d) not include any person, or personally identifiable information about anyone, other than you; (e) comply with the rules of the applicable social media platforms; (f) comply with these Terms of Service; and (g) comply with all applicable laws, rules, and regulations.
You must clearly and conspicuously disclose your "material connection" with us, making it clear that you are a paid influencer and have received discounted or free products and services. You must place the disclosure in plain sight in close proximity to any audio or visual communications that you make about us, our brands, and our or other third-party products/services. You may not bury the disclosure in a link or place the disclosure in a string of hashtags or other disclosures.
You understand that we will be monitoring your Posts for compliance with these Terms of Service. We have the right to address noncompliant posts by taking any of the following actions: (a) requiring you to fix the Post; and/or (b) charging you the full amount for the product/service for which you received a discount.
Swaypay is and will be the sole and exclusive owner of all right, title, and interest in and to the Posts, including all copyrights and other intellectual property rights therein. We will own each Post as a work made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent any Post does not qualify as, or otherwise fails to be, work made for hire, you hereby (a) assign, transfer, and otherwise convey to us, irrevocably and in perpetuity, throughout the universe, all right, title, and interest in and to the Posts, including all copyrights and other intellectual property rights in them; and (b) irrevocably waive any and all claims you may now or hereafter have in any jurisdiction to so-called "moral rights" with respect to the Posts. We hereby grant you a limited license to use the Posts solely for the purposes of meeting your obligations under these Terms of Service. You hereby grant to Swaypay, our Affiliated Parties, and each of our respective direct and indirect successors, licensees, and assigns the right to use your name, image, likeness, and biographical, professional, and other identifying information (including information you provide to us and any other information about you that is publicly available) (collectively, "Likeness") in connection with the Posts and any derivative works we make from the Posts, including to advertise and promote the same or any product/service that features or includes the Posts or a derivative work of a Post, in whole or in part. You waive the right to inspect or approve any use of your Likeness as contemplated in these Terms of Service.
You are purchasing products and/or services from third-party merchants and your purchase is governed by any terms and conditions offered by that merchant or any contract between you and the merchant. Swaypay acts as the merchant’s agent and receives payments from you on their behalf. You must contact the merchant to resolve any issues you have with respect to the products and services you ordered or purchased from the merchant, including without limitation any issues relating to shipping and delivery, product warranty, product return, refund, exchange, and the terms of any agreements you entered into with the merchant in connection with your order or purchase. You acknowledge and agree that Swaypay is not responsible or any of these.
You also acknowledge and agree that Swaypay is also not in any way responsible for the quality, usability, or any other element of the products or services you order or purchase from a merchant. You acknowledge that Swaypay does not endorse any products or services offered for sale on merchant websites linked to the Swaypay Services. Swaypay does not warrant the accuracy or reliability of any information or marketing messages contained in merchant websites linked to the Swaypay Services.
If you have dispute rights through your credit card issuer, any disputes filed with your credit card issuer shall be between you and the issuer, and Swaypay shall not be held liable for such disputes.
You agree that we can make information about your purchase available to the merchant through a merchant dashboard and/or our API, each of which will requires the merchant to pass certain authentication measures. If your merchant operates through a third-party platform, such as Shopify, your purchase information may be shared with that platform through the merchant.
Certain sections of, or offerings from, the Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
You authorize Swaypay, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include without limitation requiring you to provide your date of birth and/or mobile telephone number, asking you for further information, or verifying your information against third party databases or through other sources. Swaypay reserves the right to close, suspend, or limit access to your account and/or the Services in the event that, in our sole discretion, (a) we are unable to obtain or verify identity or eligibility; (b) the security of your account has been compromised; or (c) your account has been used in, or seems to have been used in, a nefarious manner.
If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your account.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by these Terms of Service below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.
Swaypay’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Swaypay or its affiliates or licensors. You must not use such marks without the prior written permission of Swaypay. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms of Service. All other rights are reserved.
We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable or appropriate for your use. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any information or Content appearing on the Services.
Third-party content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by nor do they necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Your right to use the Services is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.
The information and Content from or through the Services are provided “as-is,” “as available,” with “all faults”, and warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our Affiliated Parties have no liability whatsoever for your use of any information or services, except as provided in Section 19(b). No advice or information, whether oral or written, obtained by you from us through the Services or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms of Service.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers or information and documents, attorneys, advertisers, products and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Service or use of the Services.
We and any Affiliated Party are not liable for any indirect, special, incidental, punitive, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The Services and the Content presented would not be provided without such limitations.
The aggregate liability of us and any Affiliated Party in connection with any claim arising out of or relating to the Services and/or the Content provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Party.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyright work that you claim has been infringed;
A description of where the infringing material is located on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can reach us directly by emailing us at support@Swaypayit.com with the subject “Copyright Infringement.” Please note that we may request additional information before removing any allegedly infringing material.
If any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms of Service will remain valid and enforceable according to its terms. All terms that logically ought to survive the termination of these Terms of Service shall survive.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the Content provided therein.
Swaypay will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Swaypay’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays Swaypay in fulfilling its obligations hereunder.
Any issues or disputes that arise in connection with your purchase or attempted purchase of products/services from merchants must be handled in accordance with such merchant’s dispute resolution processes. Under no circumstances will Swaypay be responsible or liable for any disputes between you and merchants arising in connection with your use of their services, nor will Swaypay be obligated to provide assistance or intervention in connection with such disputes.
You agree that you are required to resolve any claim that you may have against Swaypay on an individual basis in arbitration, as set forth in this Section (referred to herein as the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against Swaypay, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Swaypay by someone else. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Swaypay ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Unless both you and Swaypay otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
The arbitration will be administered by JAMS, Inc. (“JAMS’) pursuant to its Streamlined Arbitration Rules and Procedures (the “Rules”). The Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/.
These Terms of Service (including this Arbitration Agreement) shall be governed by and interpreted in accordance with the laws of the State of Illinois and United States federal laws applicable therein, without regard to principles of conflicts of laws.
Any arbitration must be commenced by filing a demand for arbitration within two years after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law provides a different limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Any arbitration hearing (“Hearing”) will be located at a site in Cook County, Illinois. The specific site will be selected by the Arbitrator, pursuant to the Rules. The Hearing will be conducted in English.
The arbitration will be conducted in front of a single arbitrator (the “Arbitrator”), selected from the appropriate list of JAMS arbitrators pursuant to the Rules. The parties agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Terms of Service or the documents it incorporates by reference, including any claim that all or any part of these Terms of Service (including this Arbitration Agreement) is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms of Service (including the Arbitration Agreement) are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
The Arbitrator may issue an arbitration award in accordance with the Rules and any limitations of liability set out in these Terms of Service. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential effect. Attorneys’ fees and costs shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award.
Notwithstanding the provisions in these Terms of Service regarding consent to be bound by amendments to these Terms of Service, if Swaypay changes this Arbitration Agreement after the date you first agreed to the Arbitration Agreement (or to any subsequent changes to the Arbitration Agreement), you may reject any such change by providing Swaypay written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided by email from the email address associated with your account to: support@Swaypayit.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Swaypay in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Arbitration Agreement (or to any subsequent changes to the Arbitration Agreement).
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Service; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Terms of Service (including this Arbitration Agreement) or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
If and only if this Arbitration Agreement is found not to apply to you or your claim, you and Swaypay agree that any judicial proceeding must be brought exclusively in the state courts and federal courts located within Cook County, Illinois and you and Swaypay consent to venue and exclusive jurisdiction in those courts. Any claim not subject to arbitration must be commenced within two years after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law provides for a different limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
If you have any questions or concerns about these Terms of Service, please email us at support@Swaypayit.com.