1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the Sway Formations platform, including our website at swayformations.com, mobile applications, and related services (collectively, the “Service”) operated by Sway Formations (“Sway,” “we,” “us,” or “our”).

By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you may use the Service only with the consent and supervision of a parent or legal guardian who accepts these Terms on your behalf.

By using the Service, you represent that you have the legal capacity to enter into a binding agreement and that all registration information you provide is accurate and current.

3. Description of Service

Sway is a software-as-a-service platform for dance teams and performers to create, manage, and collaborate on formations, choreography, schedules, media, costumes, and team coordination. Features may change over time as we improve the Service.

We do not guarantee that the Service will meet every team’s specific needs or produce any particular performance or competitive outcome.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at hello@swayformations.com if you suspect unauthorized access.

Team captains, owners, and administrators may invite members, assign roles, and manage team content. If you administer a team, you are responsible for ensuring that members comply with these Terms and for permissions you grant within your workspace.

5. Subscriptions, Billing, and Trials

Certain features require a paid subscription. Plan details, pricing, and billing intervals are shown at checkout or in your account settings.

Free trials: We may offer time-limited trials. Unless you cancel before the trial ends, your subscription may convert to a paid plan and you may be charged according to the plan you selected.
Payment processing: Eligible website subscriptions are processed by third-party payment providers such as Stripe. Subscriptions purchased in the iOS or iPadOS app are processed through Apple's In-App Purchase system and are charged to your Apple Account after you confirm the purchase.
Auto-renewal: Paid subscriptions renew automatically for the subscription duration shown at purchase unless canceled before renewal. For App Store subscriptions, Apple generally charges renewal within 24 hours before the current period ends. You can manage or cancel an App Store subscription from the in-app Manage Subscription control or your Apple Account subscription settings. Website subscriptions can be managed through the applicable website billing controls.
Price changes: We may change subscription prices with reasonable advance notice. Changes apply to subsequent billing periods unless required otherwise by law.
Team access: A purchase grants the plan to the selected Sway team only after Sway verifies Apple's or the payment provider's transaction. A team owner or captain may be the purchaser while other authorized team members receive the resulting team access.
Account deletion: Deleting your Sway account does not cancel an App Store subscription. Apple billing continues until you cancel it through Apple. Sway provides subscription-management access before you confirm account deletion, but you may proceed after acknowledging continuing billing.
Refunds: Except where required by law or explicitly stated at purchase, fees are non-refundable. Apple handles App Store refund requests under Apple's policies; other refund requests are handled according to the platform through which you purchased access.

6. Acceptable Use

You agree not to use the Service to:

Violate any applicable law, regulation, or third-party rights
Upload, share, or store unlawful, infringing, harassing, hateful, exploitative, or otherwise objectionable content
Impersonate any person or entity or misrepresent your affiliation
Introduce malware, attempt unauthorized access, probe or disrupt our systems, or interfere with other users
Scrape, crawl, or use automated means to access the Service except through documented APIs we expressly permit
Resell, sublicense, or commercially exploit the Service except as expressly authorized in writing by Sway
Use the Service in a manner that could harm minors or expose us or others to liability

7. User Content and License

You retain ownership of content you submit to the Service, including formations, videos, audio, notes, and other materials ("User Content"). You are solely responsible for your User Content and for obtaining any rights, consents, and releases needed to upload and share it.

By submitting User Content, you grant Sway a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, perform, adapt, and distribute your User Content solely as necessary to operate, provide, secure, and improve the Service and as otherwise permitted by your account settings.

We may remove or restrict User Content that we reasonably believe violates these Terms, applicable law, or third-party rights.

8. Sway Intellectual Property

The Service, including its software, design, branding, documentation, and all related intellectual property, is owned by Sway or its licensors and is protected by applicable laws. Except for the limited rights expressly granted in these Terms, no license is granted to you.

You may not copy, modify, reverse engineer, decompile, or create derivative works of the Service except to the extent such restrictions are prohibited by law.

9. Privacy

Our Privacy Policy explains how we collect, use, share, and protect personal information. By using the Service, you acknowledge that we will process information as described in the Privacy Policy.

10. Third-Party Services

The Service may integrate with or link to third-party services, including payment processors, cloud hosting, analytics, and communication tools. Your use of third-party services is governed by their terms and privacy policies. Sway is not responsible for third-party services we do not control.

11. Apple App Store Terms

If you download or use our iOS application from the Apple App Store, you acknowledge and agree that:

These Terms are between you and Sway only, not Apple Inc.
Apple has no obligation to furnish maintenance or support for the application.
Apple is not responsible for any product claims, legal claims, or third-party intellectual property claims relating to the application.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as a third-party beneficiary.
Your use of the application must comply with Apple’s App Store Terms of Service and applicable usage rules.

12. Copyright Complaints

If you believe content on the Service infringes your copyright, send a notice to hello@swayformations.com with: (a) identification of the copyrighted work; (b) identification of the material claimed to be infringing and its location; (c) your contact information; (d) a statement of good-faith belief that use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act; and (f) your physical or electronic signature.

We may remove reported material and terminate repeat infringers where appropriate.

13. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that any data, formations, analytics, or recommendations will be accurate or reliable.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SWAY FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Sway and its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party rights.

16. Suspension and Termination

You may stop using the Service at any time and may delete your account through available account settings where supported.

We may suspend or terminate your access immediately if you violate these Terms, create risk or legal exposure for us, or if we discontinue the Service. Upon termination, your right to use the Service ends, but sections that by their nature should survive will survive, including ownership, disclaimers, limitation of liability, indemnification, and governing law.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service, by email, or by other reasonable means. The "Last Updated" date at the top will reflect the effective date of the latest version.

Continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your jurisdiction require otherwise.

Before filing a claim, you agree to contact us at hello@swayformations.com and attempt to resolve the dispute informally. If we cannot resolve a dispute within thirty (30) days, either party may bring a claim in the state or federal courts located in Delaware, and each party consents to personal jurisdiction in those courts, except where prohibited by applicable law.

19. General

These Terms constitute the entire agreement between you and Sway regarding the Service and supersede prior agreements on the same subject. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

20. Contact Us

Questions about these Terms of Service may be sent to:

Email: hello@swayformations.com

Website: swayformations.com