Terms of service

Using SwayQ

These terms govern your access to and use of SwayQ's website and content services, operated by SwayQ ApS (CVR 46300661, Copenhagen, Denmark). By using SwayQ, you agree to these terms.

SwayQ ApS is registered at Sundkaj 11, 2150 Copenhagen, Denmark.

Our service

SwayQ is a creator content engine for brands. A brand orders a campaign from SwayQ. SwayQ finds and briefs creators, reviews and edits their work, and delivers the finished content and the usage rights stated in the order to the brand. SwayQ also provides the software that brands and creators use to run a campaign through to delivery. We may update, suspend, or improve the service over time.

SwayQ's role

SwayQ is the principal in every campaign it runs. SwayQ sells the content and its services to the brand in its own name and engages creators as its own suppliers. The brand's contract is with SwayQ, not with the creator, and SwayQ is responsible to the brand for delivering the content and the usage rights stated in the order.

Creators are independent suppliers to SwayQ. They are not employees, partners, or agents of SwayQ. A creator works under SwayQ's creator framework agreement and a separate assignment order for each job, which states the deliverable, the deadline, the fee, and the usage rights. Nothing in these terms creates an employment relationship, a partnership, or a joint venture between SwayQ and any user. SwayQ does not warrant or guarantee campaign outcomes, reach, engagement, sales, or other commercial results.

When a brand accepts an order, the order and SwayQ's general terms for brands govern that campaign. These terms govern the use of the website, and they apply to the extent the order, the general terms, or the creator framework agreement do not say otherwise.

SwayQ does not currently offer campaigns in which a brand contracts a creator directly. If we offer that in future, we will publish the terms that apply before anyone can use it.

Prices and fees

The price of a campaign is stated in the order and shown to the brand before it accepts. It is SwayQ's price for the content, the usage rights, and SwayQ's services, and it is not split into a creator rate and a platform fee. A creator's fee is stated in the assignment order and does not depend on the price SwayQ charges the brand. Where a service is sold as a subscription, the order states the term and the price. Prices exclude VAT unless the order says otherwise.

Your responsibilities

• Provide accurate information and keep your account, profile, and payment details up to date.
• Use the platform lawfully and do not upload misleading, infringing, abusive, or fraudulent content.
• You remain responsible for your agreements, deliverables, tax obligations, and compliance with applicable marketing and disclosure rules.

Content and usage rights

SwayQ acquires the rights to a creator's content from the creator before it grants any rights to a brand, and it grants a brand no more than it has acquired. The usage rights a brand receives are the ones stated in the order, for the media, territory, and period stated there. SwayQ promises that it holds the rights it grants. A brand's right to use delivered content begins when the price has been paid, unless the order says otherwise.

Payment

A brand pays SwayQ's invoice for the order on the payment terms stated in the order, and SwayQ pays each creator itself. SwayQ is not a payment service provider, bank, or financial institution, and it does not hold money on behalf of others.

Invoicing

SwayQ invoices the brand for the order. Invoices are payable on the terms in the order. Late payment carries interest under Danish law, and SwayQ may pause work on the campaign until an overdue invoice is paid.

Paying creators

SwayQ pays a creator the fee in the assignment order on the payment terms in that order. SwayQ owes the creator that fee whether or not the brand has paid SwayQ. Where a creator is paid without VAT, SwayQ reports the payment to the tax authority as the law requires and gives the creator a settlement voucher for it.

Remedies and refunds

If delivered content does not match the order, the brand must tell SwayQ in writing without undue delay and say how it does not match. SwayQ will first revise the content, then replace it, and if neither solves the problem, refund the price of the part that does not match. To the extent the law allows, these are the brand's remedies for content that does not match the order. A campaign that performs below expectations is not a mismatch with the order, because SwayQ does not promise results.

Liability

SwayQ is provided on an as-available basis. To the maximum extent allowed by law, SwayQ is not liable for indirect, incidental, or consequential losses, including lost profit, lost revenue, or lost goodwill, or for disputes between users, except where liability cannot be excluded under applicable law.

Where SwayQ is liable to you, our total liability for all claims arising from one order or assignment is limited to the amount paid or payable under that order or assignment. Where a claim does not arise from an order or assignment, our total liability is limited to the amount paid between you and SwayQ in the twelve months immediately before the event the claim arises from.

This limit does not apply where Danish law does not allow it. It does not limit liability for gross negligence or intentional acts, liability for death or personal injury, or any right you hold under mandatory consumer law.

A claim against SwayQ must be notified to SwayQ in writing within twelve months of the date you knew or should have known of the event it arises from. To the extent the law allows, a claim notified later lapses.

Governing law

These terms are governed by Danish law. Any disputes will be handled by the competent courts of Denmark unless mandatory law requires otherwise.

Contact

Questions about these terms can be sent to legal@swayq.com.