1. Acceptance of Terms

By downloading, installing, or using the Sway application ("Sway," "we," "us," or "our"), you ("you," "user," or "your") agree to be bound by this User Agreement ("Agreement"). If you do not agree to these terms, do not use the app.

Your use of Sway constitutes your acceptance of this Agreement. If you are using Sway on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement.

2. Description of Service

Sway is an AI-powered coffee bean recommendation application that:

• Collects user preferences through interactive swipe-based questionnaires
• Analyzes user responses using artificial intelligence
• Provides personalized coffee bean recommendations based on:
  • Brewing method preferences (Espresso, Pour-Over, French Press, etc.)
  • Milk preferences (with or without milk)
  • Mood-based flavor profiles
  • Taste preferences indicated through swipe interactions
• Displays product recommendations with affiliate links to third-party retailers
• Stores user preferences and recommendation history for improved future results

3. User Eligibility

You must be at least 18 years of age to use Sway. By using Sway, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into this Agreement
• You will use Sway in compliance with all applicable laws and regulations

4. Account Registration and Authentication

4.1 Anonymous Usage

Sway provides a seamless, frictionless experience through anonymous authentication. When you first use Sway, an anonymous user account is automatically created using Firebase Authentication. This account:

• Is identified by a unique, randomly generated user identifier (UID)
• Persists across app sessions on the same device
• Does not require you to provide personal information
• Is automatically maintained without user action

4.2 You acknowledge and agree that:

• The anonymous account is linked to your device
• Uninstalling or clearing app data will result in a new anonymous account
• We may continue to collect usage data as described in the Privacy Policy

4.3 Third-Party Authentication

If you choose to sign in using Google, Apple, or email/password, you agree to provide accurate and complete information.

5. Recommendations and Affiliate Links

5.1 Nature of Recommendations

The coffee bean recommendations provided by Sway are:

• Generated by artificial intelligence based on your stated preferences
• NOT guaranteed to match your actual taste preferences
• SUBJECTIVE opinions generated by an AI algorithm
• NOT endorsements or guarantees of product quality
• PROVIDED FOR INFORMATIONAL PURPOSES ONLY

5.2.2 Third-Party Products

Sway may display affiliate links to products sold by third-party retailers (including but not limited to Amazon). When you click these links:

• You will be redirected to the retailer's website
• You will be subject to the retailer's terms and conditions
• We MAY receive a commission, referral fee, or other compensation for qualifying purchases you make
• The amount of compensation we receive may influence product placement and recommendation order
• Prices, availability, and product descriptions are determined by the retailer
• We have commercial agreements with some retailers that may affect which products are prominently displayed

5.3 Product Information

While we endeavor to provide accurate product information, we do not warrant that:

• Product descriptions, images, or pricing are accurate or complete
• Any recommended products are safe for consumption
• Products are free from allergens or contaminants
• Products meet any specific quality or safety standards
• Recommendations are free from commercial bias

6. User Responsibilities

6.1 Accurate Information

You agree to provide accurate and truthful information when using Sway. You are solely responsible for:

• The accuracy of your preferences and responses
• Any misrepresentations made during the questionnaire
• Interpreting and applying recommendations to your personal circumstances

6.2 Allergies and Dietary Restrictions

You acknowledge that:

• Coffee products may contain allergens not disclosed in recommendations
• You are responsible for reading product labels and ingredient lists
• You should consult healthcare professionals regarding food allergies
• Sway is NOT responsible for adverse reactions to recommended products

6.3 Prohibited Uses

You agree NOT to:

• Use Sway for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt Sway or its servers
• Use automated tools to scrape or extract data from Sway
• Reverse engineer or decompile the Sway application
• Share your anonymous account credentials with others
• Use Sway in a manner that could damage, disable, or impair our services

7. Intellectual Property

7.1 Sway Content

All content, features, and functionality of Sway, including but not limited to:

• Text, graphics, logos, and icons
• Software, algorithms, and AI models
• User interface design and layout
• Documentation and help content

are owned by us or our licensors and are protected by:

• Copyright laws
• Trademark laws
• Patent laws
• Other intellectual property laws

7.2 User Content

You retain ownership of any content you provide while using Sway. By submitting preferences and responses, you:

• Grant us a worldwide, royalty-free license to use your content
• Acknowledge that your content may be stored and processed
• Warrant that you have the right to share such content

7.3 Trademarks

"Sway" and related logos are trademarks of the app developer. You may not use these trademarks without our prior written permission.

8. Data Collection and Privacy

We collect information about you as described in our Privacy Policy, which is incorporated into this Agreement by reference.

By using Sway, you consent to our data collection and processing practices as described in the Privacy Policy.

We may update our Privacy Policy from time to time. Continued use of Sway after such updates constitutes your acceptance of the revised Privacy Policy.

For full details on data collection, storage, and your rights, please review our Privacy Policy.

9. Disclaimer of Warranties

SWAY IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Implied warranties of fitness for a particular purpose
• Implied warranties of non-infringement
• Warranties arising from course of dealing or usage of trade

WE DO NOT WARRANT THAT:

• Sway will be uninterrupted, secure, or error-free
• The app or servers will be free of viruses or harmful components
• Recommendations will be accurate, complete, or reliable
• Any errors in the app will be corrected

YOU ACKNOWLEDGE THAT YOU USE SWAY AT YOUR OWN RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

10.1 Indirect, Incidental, Special, Consequential, or Punitive Damages

Including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Costs of substitute services
• Personal injury or property damage

10.2 Damages Arising From:

• Your use of or inability to use Sway
• Any products purchased through third-party links
• Unauthorized access to your account or data
• Errors, inaccuracies, or omissions in recommendations
• User interpretations or applications of recommendations
• Allergic reactions or adverse health effects from products
• Any conduct of any third party on Sway
• Interruption or cessation of Sway services
• Bugs, viruses, or similar issues

10.3 Our Total Liability

Shall not exceed:

• The amount you paid us (if any) in the twelve (12) months preceding the claim
• OR fifty US dollars ($50.00), whichever is greater

10.4 This limitation applies regardless of:

• The theory of liability (contract, tort, or otherwise)
• Whether we were advised of the possibility of damages
• Whether any limited remedy failed its essential purpose

11. Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• 11.1 Your violation of this Agreement
• 11.2 Your misuse of Sway
• 11.3 Your violation of any third-party rights
• 11.4 Your fraudulent or negligent acts
• 11.5 Any claims related to products purchased through third-party links
• 11.6 Any allergic reactions or health issues from recommended products

12. Third-Party Services and Links

Sway may contain links to third-party websites, services, or applications ("Third-Party Services"). We do not control, endorse, or sponsor Third-Party Services.

Third-Party Services are governed by their own terms and conditions and privacy policies. We recommend that you review those policies before using any Third-Party Services.

Examples of Third-Party Services in Sway:

• Firebase Authentication (Google LLC)
• Amazon product links (Amazon.com, Inc.)
• Google Gemini AI API (Google LLC)
• Apple Sign-In (Apple Inc.)

We are not responsible for:

• The content, accuracy, or opinions expressed on Third-Party Services
• The privacy practices of Third-Party Services
• The availability of Third-Party Services
• Any transactions between you and Third-Party Services

13. Modifications to This Agreement

We reserve the right to modify this Agreement at any time, at our sole discretion.

We will provide notice of material changes by:

• Updating the "Last Updated" date at the top of this Agreement
• Posting a notice within the Sway application
• Sending an email to your registered address (if applicable)

Your continued use of Sway after such modifications constitutes your acceptance of the revised Agreement.

We encourage you to review this Agreement periodically.

14. Termination

You may terminate this Agreement at any time by:

• Uninstalling Sway from your device
• Ceasing all use of Sway

We may terminate this Agreement or suspend your access to Sway:

• At any time, with or without cause
• Immediately, without prior notice
• If you violate any provision of this Agreement
• If we believe your actions may expose us to legal liability
• If required by law or governmental order

Upon termination:

• Your right to use Sway immediately ceases
• We may delete your account and data as described in our Privacy Policy
• Provisions of this Agreement that should survive termination will remain in effect

15. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.

Any disputes arising from or relating to this Agreement or your use of Sway shall be subject to the exclusive jurisdiction of the courts located in San Francisco County, California.

You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

16. Dispute Resolution

Before initiating any formal dispute resolution, you agree to first contact us to attempt to resolve any dispute informally.

Any dispute, claim, or controversy arising from or relating to this Agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

You agree that any arbitration or proceeding shall be conducted on an individual basis only, not as a class, consolidated, or representative action.

17. General Provisions

• 17.1 Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and us regarding your use of Sway.
• 17.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
• 17.3 Waiver: Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
• 17.4 Assignment: We may assign this Agreement at any time without notice to you. You may not assign this Agreement without our prior written consent.
• 17.5 Notices: All notices under this Agreement shall be in writing and shall be deemed delivered when sent to your registered email or posted within Sway.
• 17.6 No Third-Party Beneficiaries: This Agreement is for the sole benefit of you and us, and nothing in this Agreement shall create rights for any third party.
• 17.7 Headings: Section headings are for convenience only and shall not affect the interpretation of this Agreement.

18. Contact Information

If you have any questions about this Agreement, please contact us:

Email: [email protected]

Website: www.swayapp.com