# Swaip AI - Terms and Conditions ## Introduction Welcome to Swaip AI, an iOS mobile application available exclusively on the Apple App Store. These Terms and Conditions ("Terms") govern your access to and use of Swaip AI. Swaip AI is operated by Illya Kaminskyi, a private entrepreneur under the laws of Portugal. By downloading or using Swaip AI, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the app. These Terms form a legally binding agreement between you ("User" or "you") and Illya Kaminskyi ("we", "us", or "our"). Please read them carefully. Note that Apple, Inc. ("Apple") is not a party to this agreement; the agreement is solely between you and the app provider (Illya Kaminskyi). However, because Swaip AI is distributed via Apple's App Store, your use of the app must also comply with Apple's App Store Terms of Service and policies. Apple and its subsidiaries shall be third-party beneficiaries of this agreement and may enforce these Terms against you. ## Description of the Service Swaip AI is a content-generation app that helps you create social media posts and other text content. You provide input (for example, by typing or speaking) and the app uses artificial intelligence to generate draft posts or content for you. For example, when you enter a topic for a post, the app sends that topic as a prompt to the OpenAI API, which generates the post text and description and returns them to your device. **Your generated posts, drafts, and the content you create in the app are stored locally on your device only.** We do not store your prompts, your generated posts, or your created content on our servers. We process your input only in real time (or temporarily during the request) to produce the generated output and deliver it back to you; we do not retain copies of that content. On our side, we only keep the minimal data necessary to operate the service (such as account identification and subscription status), as described in our Privacy Policy. This design ensures that your creative content remains under your control and on your device. ## Account Eligibility and Sign-In To use Swaip AI, you must have a valid Apple ID and use Sign in with Apple for authentication. We do not support any other account or sign-in method. By using Sign in with Apple, you also agree to Apple's terms and conditions for Apple ID accounts. You are responsible for maintaining the security of your Apple ID credentials; we never receive your Apple ID password and will only obtain from Apple the information you authorize (such as your name and verified email, or a forwarding email address). You must provide accurate information and keep it updated. If you are under the minimum age as defined by Apple or by applicable law (typically 13, or higher in certain jurisdictions), you are not permitted to use Swaip AI. By using the app, you represent that you are eligible and meet any age requirements. ## Platform and Availability Swaip AI is offered exclusively for iOS devices and is downloaded via the Apple App Store. The app is not available on other platforms (such as Android/Google Play) and any references to non-Apple platforms in previous documents or communications are not applicable. Your use of Swaip AI on iOS is subject to Apple's usage rules. In accordance with Apple's App Store Terms of Service, we grant you a limited, non-exclusive, non-transferable, revocable license to use Swaip AI on any Apple device that you own or control, as permitted by Apple's usage rules. You agree not to use the app in violation of any usage limitations set by Apple or these Terms. ## In-App Purchases, Subscriptions, and Billing Swaip AI is a subscription-based service. All subscriptions and one-time in-app purchases (if any) are handled through Apple's In-App Purchase system. This means that any purchase you make in Swaip AI is processed and billed by Apple via your Apple ID (iTunes) account, not by Illya Kaminskyi directly. By initiating a purchase, you also agree to Apple's payment terms and conditions (as outlined in the Apple Media Services Terms). Key details of our subscription model include: * Free Trial: Swaip AI offers a free trial period of 3 days for new subscribers. The free trial allows you to access the app's premium features at no charge for the trial duration. The free trial is available once per user. If you do not wish to continue with a paid subscription, you must cancel at least 24 hours before the trial ends to avoid being charged. * Auto-Renewing Subscription: After the 3-day free trial, the service will automatically convert to a recurring monthly subscription unless you cancel before the trial ends. The monthly subscription fee (at the rate shown in the app or App Store listing) will be charged to your Apple ID account at the end of the trial period. Thereafter, the subscription will auto-renew each month. Your account will be charged for renewal within 24 hours prior to the end of the current subscription period at the cost of the chosen plan. * Payment Processing: Payment for the subscription (and any other in-app purchases) is processed by Apple upon confirmation of purchase or at the end of the trial. You authorize Apple to charge your Apple ID account for the subscription fees on a recurring basis. We do not collect or store your payment information – all billing is handled through Apple's systems for your security and convenience. * Manage Subscription: You can manage or cancel the Swaip AI subscription at any time via your Apple ID account settings. For example, you can go to your device's Settings -> [Your Name] -> Subscriptions to view, change, or cancel your subscription. You may also use the App Store app or iTunes to manage subscriptions. You can cancel at any time; however, cancellation will take effect at the end of the current billing period. (There are no partial refunds for the remaining period of a subscription that has already been paid, except as provided by Apple's refund policies.) * Automatic Renewal & Cancellation Deadline: If you do not want your subscription to renew for the next period, you must turn off auto-renewal at least 24 hours before the current period ends. If you cancel less than 24 hours before the renewal date, the subscription may still renew and you will be charged for the next month. * Unused Trial Forfeiture: If you purchase a subscription (or allow the trial to roll into a paid subscription) before the 3-day free trial has fully elapsed, any unused portion of the free trial period will be forfeited upon purchase of the subscription. In other words, once your paid subscription starts, you will no longer have the free trial days available. * Pricing Changes: Subscription pricing may change in the future. If the price of the subscription changes, you will be notified by Apple and given an opportunity to review the new price before it is applied. Price changes, if any, will only take effect upon your agreement or upon renewal in accordance with Apple's procedures. If you do not agree to a price change, you may cancel the subscription before the new price takes effect. All charges are inclusive of applicable taxes as determined by Apple (based on your Apple account settings and locale). You acknowledge and agree that all billing and transaction processes are handled by Apple and are governed by Apple's terms and conditions. We do not have the ability to access, alter, or reverse charges made through Apple's In-App Purchase system. ## Cancellation and Refund Policy Cancelling Subscription: You may cancel your Swaip AI subscription at any time through your Apple ID account settings. Cancellation will stop the auto-renewal of your subscription. When you cancel, you will continue to have access to subscription features until the end of the current paid period, but you will not be charged for the next period. Deleting the Swaip AI app from your device does not cancel your subscription automatically. You must actively cancel the subscription through Apple's subscription management. If you uninstall the app but do not cancel the subscription, Apple will continue to bill you. We are not able to cancel subscriptions on your behalf. Refunds: All purchases (including subscriptions and one-time in-app purchases) are final and non-refundable by us, except as expressly provided in these Terms or as required by law. Because purchases are made through Apple's App Store, any request for a refund is handled by Apple under the Apple Media Services refund policy. We do not provide direct refunds for subscriptions or purchases made in the app, and we do not have the ability to process refunds or returns through our systems. If you believe you are entitled to a refund (for example, you were charged in error, or you did not receive the content or service purchased), you will need to request a refund from Apple. You can initiate a refund request by using Apple's official "Report a Problem" website or contacting Apple Support. Apple's decision on refund requests is final. In the unlikely event that a technical issue on our side prevents you from accessing content or services you've paid for, and we cannot resolve the issue within a reasonable time, we may advise or authorize Apple to issue you a refund up to the amount paid for the affected purchase. This is generally only in cases where content cannot be delivered or fixed. Alternatively, you always have the option to contact Apple directly to request a refund for any purchase. Apple may ask for information about the problem and will determine eligibility for a refund per their policies. App Store Refund Process: Please note that Apple's refund rules may allow refunds for certain reasons (such as accidental purchases, technical problems, etc.), usually within a specific time frame. If you request a refund from Apple, Apple might grant it automatically or ask for developer input. All billing issues and payment disputes must be resolved with Apple as the billing agent. We cannot overturn Apple's decisions on refunds. By using Swaip AI and making in-app purchases, you acknowledge that any payment-related issues with in-app purchases or subscriptions need to be addressed with Apple directly. Consent to Data Sharing for Refunds: When you request a refund for a Swaip AI subscription or purchase through Apple, Apple's system may ask us (the developer) to provide information about your usage of the app to help determine whether a refund is warranted. For example, Apple may consider how much you used the service before deciding on your refund request. By agreeing to these Terms and requesting a refund, you consent to our sharing of relevant usage and consumption data with Apple for the purpose of processing your refund request. This consumption data may include information such as whether and how you accessed premium content or features after purchase. We will only share data that is necessary and in line with Apple's refund evaluation requirements. If you do not consent to the sharing of usage data with Apple, we may not be able to contest or provide context to your refund request, which could result in Apple automatically approving the refund by default. (Per Apple's policies, developers must obtain user consent before providing Apple with personal usage data for refunds.) For more details on what data may be shared and how it is used, please refer to our Privacy Policy. Remember, this data sharing is solely for refund processing and fraud prevention, and it will adhere to our privacy protections. ## Permitted Use of the App We grant you a personal, limited license to install and use Swaip AI for its intended purpose on iOS devices that you own or control. You agree to use the app only for lawful purposes and in accordance with these Terms. In particular, you must not: * Use Swaip AI in any way that violates any applicable law or regulation, or for any unlawful or fraudulent purpose. * Decompile, reverse engineer, disassemble, or attempt to derive the source code of Swaip AI or any part of it. * Copy, modify, or create derivative works based on Swaip AI, its content, or any part of the services provided, except as allowed by us. * Circumvent or attempt to circumvent any technical protections or security measures in the app, including attempting to use the premium features without an active subscription. * Use the app to transmit or store any content that is defamatory, infringing, or violates the rights of others, or to transmit any malware or harmful code. * Allow others to use your account or subscription in violation of these Terms. Your subscription is for your personal use only; sharing subscription access beyond Apple's Family Sharing (if applicable) is not permitted. If you violate any of the above or any other provision of these Terms, we reserve the right to suspend or terminate your access to Swaip AI (see Termination below). ## User Content and AI Outputs Swaip AI allows you to input content (for example, text prompts or voice input) to receive AI-generated outputs such as draft posts. You retain ownership of any original content you input and of the outputs generated for you. By providing content to Swaip AI, you grant us a limited license to use, process, and transmit that content only as needed to operate the service (for example, to send it to our AI processing systems and return the generated result to you). We process your input in real time to generate output; **we do not store your prompts or your generated posts on our servers.** Any drafts, generated posts, or other content you create in the app are stored **only on your device** (local storage). We do not retain copies of your user-generated or AI-generated content on our systems. We do not claim ownership over the content you provide or the outputs generated for you. Our AI service providers process your content only to produce the response and do not retain it after the request is complete, in accordance with our Privacy Policy. You are solely responsible for any content you input and for how you use the results. Do not provide content that is illegal, offensive, or that you do not have rights to use. We reserve the right (but do not assume the obligation) to restrict or refuse processing of content that violates these Terms or applicable law. ## Intellectual Property Rights All intellectual property rights in Swaip AI, including but not limited to the app software, design, logos, trademarks, service marks, and all content provided by us within the app (excluding your own content), are owned by or licensed to Illya Kaminskyi. The name "Swaip AI", the Swaip AI logo, and all related product or service names are trademarks of Illya Kaminskyi. We reserve all rights not expressly granted to you. You may not use our name, logos, or trademarks without our prior written consent. Likewise, any third-party trademarks that appear in Swaip AI (such as "Apple" or "App Store") are the property of their respective owners, and their use is subject to those owners' permissions. Using Swaip AI does not give you any ownership of or rights to any aspect of the app's intellectual property, aside from the limited right to use the app under these Terms. ## Privacy and Data Your privacy is important to us. Our Privacy Policy (available within the app or on our website) explains what data we collect and how we use and protect it. By using Swaip AI, you also agree to the terms of our Privacy Policy. **We do not store your generated posts, drafts, or the content you create in the app on our servers**—that content remains on your device only. We collect only the minimal data necessary to provide the service: for example, account identification and subscription status (including information received from Apple with Sign in with Apple, such as your name and email if you choose to share them, or an anonymous identifier), and optional anonymized or aggregated usage data to improve the app. We do not sell your personal data or use it for third-party advertising. We handle all personal data in compliance with applicable data protection laws and with Apple's App Store requirements. Because purchases and subscriptions are through Apple, purchase history and subscription status are also maintained by Apple. We may share information with Apple as needed to facilitate payments, subscriptions, and refund requests (with your consent, as described above). Aside from Apple and service providers necessary to operate Swaip AI (who are bound to protect your data), we will not share your personal data with third parties without your consent, except as required by law. By using the app, you agree that we may collect and use technical data and related information (such as device type, system and app version) as needed for software updates, product support, and service operation, as further detailed in the Privacy Policy. If you have questions or want to exercise your rights (e.g. access or deletion), please see the Privacy Policy for contact details and procedures. ## Maintenance and Support Any maintenance or support for Swaip AI will be provided by us (the developer), at our discretion. Apple has no obligation to furnish any maintenance or support services for Swaip AI. If you encounter any issues or have support inquiries, please contact us (see Contact Information below). We will try to address support requests in a timely manner, but we do not guarantee any specific response time or resolution, except as required by law or as otherwise stated in these Terms. ## Disclaimer of Warranties Swaip AI is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties and representations, whether express or implied, regarding the app and its services. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Swaip AI will be error-free, uninterrupted, secure, or will meet your expectations. You assume all risk associated with using the app and any results obtained from it. For example, if Swaip AI provides AI-generated information or recommendations, you should independently verify any critical or actionable information. We are not responsible for any decisions you make based on outputs from Swaip AI. While we strive for accuracy and reliability, no information or output provided by Swaip AI is guaranteed to be correct, complete, or up-to-date. The content and AI outputs are for general informational or entertainment purposes and are not intended as professional advice. You should not rely on Swaip AI for medical, legal, financial, or other professional decisions without consulting a qualified professional. If you are a consumer in a jurisdiction that provides certain statutory warranties or guarantees, we do not exclude or limit those to the extent they apply. In the event that Swaip AI or any in-app purchase fails to conform to any applicable warranty that cannot be disclaimed (if, for example, the law provides an automatic guarantee for digital services), you may notify Apple and Apple's sole warranty obligation will be to refund the purchase price, if any, for the app or relevant purchase. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the app, and any other claims, losses, or damages arising from nonconformity with any warranty will be our sole responsibility. In other words, Apple's responsibility to you, in connection with the use of Swaip AI, is limited to processing refunds for the cost of the app or in-app purchase (if applicable and authorized), and all other damages or obligations are disclaimed by Apple and fall to us (subject to these Terms). ## Limitation of Liability To the fullest extent permitted by law, in no event will Illya Kaminskyi (operating Swaip AI) be liable for any indirect, incidental, special, consequential, or exemplary damages whatsoever arising out of or related to your use of or inability to use Swaip AI. This includes, but is not limited to, damages for loss of profits or revenue, loss of data, goodwill, device damage, or other intangible losses, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising from or related to these Terms or the use of Swaip AI is limited to the amount (if any) you have paid to us for the service in the last 12 months, or, if greater, ten Euros (€10). If you have not made any payments to us (for example, if you only used the free trial or free features), our liability is capped at €10. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, or other torts. Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the minimum scope permitted by law. No Liability for Apple: You acknowledge that Apple has no liability whatsoever in connection with your use of Swaip AI or these Terms. Specifically, to the extent not prohibited by applicable law, Apple will not be responsible for any claims, losses, liabilities, damages, or expenses arising from Swaip AI or the use of Swaip AI. Any claims concerning Swaip AI (such as product liability claims, failure to meet legal or regulatory requirements, or claims under consumer protection laws) are the responsibility of the app provider (us), not Apple. You agree that you will not seek any remedy or damages from Apple for any issue arising from your use of Swaip AI. ## Termination This agreement is effective until terminated by either party. You may terminate these Terms at any time by discontinuing all use of Swaip AI and deleting the app from your devices. If you have a subscription, terminating these Terms does not automatically cancel your subscription; you must also cancel the subscription via Apple to stop recurring payments. We reserve the right to suspend or terminate your access to Swaip AI (including your subscription, if applicable) at any time, with or without notice, if you breach any provision of these Terms, if we cease providing the app or subscription service, or for any other reason at our discretion. In the event of termination for cause due to your breach, we are not obligated to refund any prepaid fees. Upon any termination of this agreement, the rights and licenses granted to you will end immediately, and you must cease all use of Swaip AI. Provisions of these Terms which by their nature should survive termination (such as indemnities, disclaimers of warranties, limitation of liability, governing law, etc.) will survive. ## Apple App Store Terms and Third-Party Beneficiaries You acknowledge that these Terms are between you and us (the developer), and not with Apple. Apple is not responsible for Swaip AI's content, performance, support, or any breaches of these Terms by us or by you. However, as a distributor of Swaip AI via the App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. This means that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You agree to comply with any applicable third-party terms when using Swaip AI. In particular, your use of Swaip AI must be in accordance with Apple's App Store rules and policies, as well as any terms of your mobile carrier or data service (you are solely responsible for any data or carrier charges incurred by using the app). In case of any conflict between these Terms and Apple's applicable terms (for example, Apple's standard end-user license agreement), the provision that is more protective of Apple and/or that imposes the higher standard on you will apply, to the extent of that conflict. Nothing in these Terms is intended to limit any rights Apple may have under those terms and applicable laws. ## Governing Law and Dispute Resolution These Terms and any dispute or claim arising out of or in connection with Swaip AI (including non-contractual disputes or claims) shall be governed by the laws of Portugal, without regard to its conflict of law principles. By using Swaip AI, you agree that any disputes will be subject to the exclusive jurisdiction of the courts of Portugal, unless applicable consumer protection laws require that you be permitted to bring claims in your local jurisdiction. If you are a consumer residing in the European Union or another jurisdiction with laws that grant you certain protections, nothing in this Governing Law section affects your rights to rely on mandatory provisions of local law or to bring actions in your local courts as permitted by law. This clause shall be interpreted in compliance with any such laws. ## Changes to These Terms We may update or modify these Terms from time to time. If we make material changes, we will notify users through the app or via other appropriate means (for example, by posting an updated Terms and Conditions document within the app interface). The updated Terms will indicate the "last updated" date at the top. By continuing to use Swaip AI after any changes to the Terms take effect, you agree to be bound by the revised Terms. If you do not agree to the updated Terms, you must stop using Swaip AI and, if applicable, cancel your subscription. We encourage you to review the Terms periodically for any changes. ## Contact Information Swaip AI is provided by Illya Kaminskyi (Private Entrepreneur). If you have any questions, concerns, or complaints about these Terms or the app, you may contact us at: * Email: support@swaip.ai * Developer/Operator: Illya Kaminskyi * Address: Rua dos Eucaliptos, n. 64, bloco 4B (marinha village) 2750-687, Cascais * Support: You may also find support and FAQs within the app or on our website. We will do our best to address your inquiry promptly. If you have a dispute with us, please contact us first to attempt to resolve it informally. **End of Terms and Conditions.** By using Swaip AI, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Thank you for using Swaip AI!