Last Updated: February 10, 2025
SwapAI, operated by SwapAI Inc. (“SwapAI,” “we,” or “us”), offers its web application, Chrome extension, and related services (collectively, the “Service”) to you under the condition that you accept these Terms & Conditions, as well as all related policies.
By clicking “I Accept,” downloading, installing, or otherwise accessing or using the Service (including our website at https://getswapai.com/), you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions and our Privacy Policy (collectively, these “Terms”). If you do not agree to these Terms, you do not have our permission to use the Service.
ARBITRATION NOTICE: Except for certain disputes described below, you agree that any dispute arising under these Terms will be resolved by binding, individual arbitration, and that by accepting these Terms, both you and SwapAI waive your right to a trial by jury or participation in any class or representative action.
SwapAI provides advanced, AI-powered tools that allow you to swap faces and reimagine photos and videos. The Service is accessible through our website and Chrome extension. Using a suite of proprietary AI algorithms, SwapAI processes user-submitted images to create enhanced, transformed visuals.
You must be at least 18 years old to use the Service. By using SwapAI, you represent and warrant that:
If you represent an entity, organization, or company, the individual accepting these Terms on your behalf represents that they have authority to bind you to these Terms.
To access certain features of the Service, you may need to create an account or connect through a third-party account (e.g., Google or Facebook). By doing so, you agree to provide accurate information and to maintain the confidentiality of your account credentials. You are solely responsible for all activities that occur under your account.
Certain features of the Service may require payment. Before any payment is processed, you will have an opportunity to review and accept the applicable fees.
Limited License: Subject to your compliance with these Terms, SwapAI grants you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes.
AI-Generated Content: When you upload images to the Service, our AI tools process your User Content (“Photos”) to generate transformed or reimagined images (“AI Swaps”). Subject to these Terms, SwapAI assigns to you all rights, title, and interest in the AI Swaps produced from your uploads. Note that similar outputs may be generated for other users.
License Restrictions: You may not reproduce, distribute, publicly display, modify, or create derivative works of the Service or its components, nor may you circumvent any security features of the Service.
Feedback: Any suggestions, ideas, or comments (“Feedback”) you provide regarding the Service will be deemed non-confidential and granted to SwapAI on a royalty-free basis for any purpose.
The Service, including all software, design, graphics, data, and other content (collectively, “Materials”), is owned by SwapAI or its licensors and is protected by intellectual property laws. AI Swaps generated from your uploads are owned by you; however, all underlying technologies remain the property of SwapAI.
The Service may include tools or links to third-party services (e.g., social media platforms) that allow you to export or share your content. SwapAI is not responsible for the privacy practices or content of these third parties. Please review their terms before sharing any information.
The Service may also incorporate third-party software components, which are subject to their own license terms.
User Content: You may submit, upload, or post content (such as photos and images) (“User Content”) via the Service. You retain ownership of your User Content, subject to the license granted herein.
License Grant: By posting User Content, you grant SwapAI a worldwide, non-exclusive, irrevocable, royalty-free license to host, store, display, reproduce, and distribute your content in connection with the Service.
Representations and Warranties: You warrant that you own or have all necessary rights to grant the above license. SwapAI is not liable for any User Content; you are solely responsible for the consequences of your postings.
Monitoring: While SwapAI does not routinely monitor User Content, we reserve the right to remove any content that violates these Terms or is otherwise objectionable.
By using the Service, you consent to receive emails and other communications from SwapAI regarding our products, services, and promotions. You may opt out of promotional emails in accordance with the instructions provided in those emails.
You agree not to:
Respect of Third-Party Rights: SwapAI respects the intellectual property rights of others. Infringing activity will not be tolerated.
DMCA Notification: If you believe that any content on the Service infringes your intellectual property rights, please send a “Notification of Claimed Infringement” to our designated agent at:
SwapAI Inc.
Attn: Legal Department (IP Notification)
[Insert Address Here]
Email: support@getswapai.com
Please include your signature, a description of the copyrighted work, a description of the infringing material, your contact information, and a statement of good faith.
SwapAI may change these Terms from time to time. Revised Terms will be posted on this page and are effective immediately upon posting, except for material revisions which may become effective 30 days after notice. Your continued use of the Service constitutes acceptance of the revised Terms.
These Terms are effective when you first use the Service and remain in effect until terminated. If you violate any provision of these Terms, your access to the Service may be terminated immediately without notice.
Upon termination, you must cease all use of the Service, and you remain liable for any outstanding obligations. SwapAI reserves the right to modify or discontinue any part of the Service at any time without liability.
You agree to indemnify, defend, and hold harmless SwapAI, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising out of your use or misuse of the Service, your violation of these Terms, or your infringement of any third-party rights.
The Service and all associated materials are provided “as is” and “as available,” without warranties of any kind, either express or implied. SwapAI disclaims all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or secure.
You acknowledge that the technology used to generate AI Swaps is experimental and may produce unexpected or inaccurate results. You use the Service at your own risk.
To the fullest extent permitted by law, SwapAI and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, goodwill, or data) arising out of or in connection with your use of the Service, even if advised of the possibility of such damages. In any event, our aggregate liability shall not exceed the greater of (a) the amount you paid to access the Service in the 12 months preceding the claim or (b) US$100.
Generally: Any dispute arising under these Terms or in connection with the Service shall be resolved exclusively by binding arbitration, and you waive your right to a trial by jury or class action.
Exceptions: Notwithstanding the above, either party may bring an action in small claims court or seek injunctive relief in a court of law if necessary.
Opt-Out: If you do not wish to resolve disputes by binding arbitration, you may opt out by sending an Opt-Out Notice within 30 days of agreeing to these Terms. Your notice must include your full legal name, the email associated with your account, and a statement that you wish to opt out of arbitration.
Arbitrator: Any arbitration will be governed by the applicable rules and conducted in the jurisdiction of your billing address, unless otherwise agreed. The arbitrator’s decision shall be final and binding.
No Class Actions: You and SwapAI agree that any claims must be brought in your individual capacity and not as part of a class or representative action.
These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SwapAI regarding the Service. You may not assign these Terms without our prior written consent. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Governing Law: These Terms are governed by the laws of the State of California without regard to its conflict of law provisions. You and SwapAI agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.
Consent to Electronic Communications: By using the Service, you consent to receiving electronic communications from SwapAI which shall satisfy any legal communication requirements.
Contact Information: The Service is offered by SwapAI Inc. You may contact us at:
Email: support@getswapai.com
Address: [Insert Company Address Here]
If you are a California resident and have a complaint regarding the Service, you may contact the California Department of Consumer Affairs.
No Support: SwapAI is under no obligation to provide support for the Service beyond what is published.
International Use: The Service is intended for use within the United States. Access from jurisdictions where use is prohibited is not allowed.
