Terms of Service

Contracting entity: Folkone Pty Ltd (ABN 40 696 661 560; ACN 696 661 560)

Contact: hello@swem.ai

Postal or service address: Level 1, 63–73 Ann Street, Surry Hills NSW 2010, Australia

1. About these Terms

These Terms of Service (“Terms”) are an agreement between you and Folkone Pty Ltd (“Folkone”, “we”, “us” or “our”). They govern your access to and use of the Swem mobile app, our websites and related services (together, the “Platform”).

The Swem app is an 18+ social connection service designed to help people find friends who suit them. The Platform includes Swem, a conversational AI character that chats with you, gets to know you and introduces you to people you are likely to get along with, as well as profiles, connection suggestions, messaging, group chats and shared content features. In these Terms, “Swem” on its own means that character.

Our Privacy Policy explains how we handle personal information. Our Community Guidelines, including any feature-specific conduct rules that we identify as part of them (together, the “Community Guidelines”), explain the conduct and content rules in more practical detail. They are available at https://swem.ai/privacy and https://swem.ai/community-guidelines.

2. Accepting these Terms

By creating an account, tapping or selecting an acceptance control or otherwise accessing or using the Platform, you agree to be bound by these Terms.

If you do not agree to these Terms, do not create an account or access or use the Platform.

If you use the Platform for a company or another person, you confirm that you have authority to bind them. Otherwise, you use the Platform only for yourself.

3. Who may use the Platform

You may use the Platform only if:

• you are at least 18 years old;
• you have legal capacity to enter into these Terms;
• you are permitted to use the Platform under applicable law;
• you are in a location where we make the Platform available; and
• you have not previously had an account restricted, removed or deleted for a reason that still applies.

We may ask for information or use a proportionate age assurance process to confirm eligibility. A self-declared date of birth may not be sufficient in every case. A check may be carried out by a third-party service provider and may result in access being approved, refused or referred for review. The relevant collection notice and Privacy Policy explain how personal information is handled.

We may refuse, restrict or close an account if we cannot reasonably confirm eligibility. Do not evade an age, location, safety or account restriction.

4. Your account

You are responsible for:

• providing accurate and current information;
• keeping your device, account information and sign-in credentials secure;
• telling us promptly if you suspect unauthorized access to or misuse of your account;
• all activity conducted through your account;
• not selling, transferring or sharing your account; and
• not creating a misleading identity or using another person’s account without permission.

We may send transactional or operational messages about authentication, safety, reports, material changes and the Platform.

5. How the Platform and Swem work

The Platform may:

• let you create a profile and share content;
• let you speak with Swem;
• use profile information, preferences, Swem conversations and resulting inferences to rank, suggest or explain potential connections;
• allow people to accept, decline, message, block or report one another; and
• provide other free or paid features described at the time.

We may add, modify, suspend or remove Platform features or services from time to time, subject to section 14 and applicable law.

Swem and matching may use one or more third-party automated systems. You acknowledge that their responses, summaries, inferences and recommendations are probabilistic and may be incomplete, inaccurate, biased or inconsistent. A recommendation produced using an automated system is not a verification or endorsement of another person and does not guarantee compatibility or any particular outcome.

Automated tools, including third-party automated tools, may also screen profile information and other shared content before publication or flag activity for review. At present, automated content screening does not routinely review private direct messages, and automated tools do not make the final decision to suspend or ban an account. Section 10 explains the review process, and the Privacy Policy explains the personal information used by automated systems and how to ask about an automated decision.

You must exercise your own judgment. You remain responsible for decisions you make, information you share and interactions you pursue.

Swem is not a medical, mental health, legal, financial or emergency service. Do not rely on it for professional advice or urgent help. If there is an immediate risk of harm, contact the appropriate emergency service.

The choices available for Swem, matching and personal information are described in the Platform and Privacy Policy. Some features may not work if you decline or withdraw information or consent that the feature reasonably needs.

6. Interacting safely

Online and in-person interactions carry risk. Subject to sections 15 and 16, we are not responsible for loss caused solely by another user or an independent third party that we could not reasonably prevent or control. We do not guarantee another user’s identity, background, statements, intentions or conduct, and we do not promise that every user has undergone a background check.

You must take sensible precautions, including protecting financial and identifying information, keeping conversations on the Platform where practicable, telling someone you trust about an in-person meeting and leaving or seeking help if you feel unsafe.

Use Block or Report where available. For practical guidance, see our Safety Tips at https://swem.ai/safety.

7. Conduct and content rules

You must comply with these Terms, the Community Guidelines and all applicable laws. You must not use the Platform to:

• exploit, groom or endanger a child, or create, possess, request or share child sexual abuse material;
• threaten, stalk, harass, abuse or promote hatred or violence;
• share intimate content without the depicted person’s consent, or use coercion, sextortion or sexual exploitation;
• deceive, impersonate, scam, defraud or manipulate another person;
• advertise unlawful goods or services, facilitate trafficking or solicit prohibited commercial activity;
• publish another person’s private or confidential information without authority;
• infringe intellectual property, privacy, publicity or other rights;
• send spam, malware or harmful code, scrape the Platform, use unauthorized automation or interfere with security;
• manipulate Swem, matching, moderation or reports in a way intended to harm the Platform or another person;
• evade a restriction, create replacement accounts after a ban or help someone else do so; or
• encourage or assist any of the above.

The Community Guidelines may give more detailed examples and feature-specific rules. We may update the Community Guidelines from time to time, and you must review and comply with the current version.

8. Your Content

“Your Content” means information or material you provide through the Platform, including profile information, Swem messages, direct messages, posts, comments, photos, videos, reports, feedback, testimonials and user experience statements.

You keep ownership of Your Content. You give us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, adapt for technical formatting, communicate and display Your Content only as reasonably needed to:

• provide, personalize, operate, secure, support and improve the Platform;
• make content available to people you choose or to the audience shown by the feature;
• use contracted service providers for those purposes;
• investigate reports and enforce these Terms; and
• comply with law or protect legal rights.

This license allows us to sublicense Your Content only to service providers and recipients who need it for those purposes. It lasts for as long as the content is held for a permitted purpose. Deleting content or closing or deleting an account does not remove copies already shared with other users or information we may lawfully retain for safety, legal or technical reasons.

If an account involved in an unresolved safety report is deleted, we may preserve a limited evidence snapshot before deleting the live account data. That snapshot may include relevant messages or media contributed by either participant and will be kept only for a permitted safety, complaint, appeal or legal purpose as described in the Privacy Policy.

We do not currently use Your Content for advertising, marketing or promotional purposes. If we want to publish an identifiable testimonial, user experience statement or other item of Your Content for advertising, marketing or promotion, we will first ask for your express consent to the specific proposed use. If you consent, you give us a non-exclusive, worldwide, royalty-free license to use that item only for the purposes, channels and period described in the consent request. You may withdraw that consent for future use, subject to material already lawfully produced or distributed before withdrawal.

You confirm that you have the rights and permissions needed to provide Your Content and allow the uses above. Do not upload content merely because it is publicly available if you do not have authority to use it.

If you give us product feedback, we may use it to develop or improve the Platform without payment or an obligation to adopt it. This does not permit us to publish the feedback as a testimonial without the express consent described above, and it does not transfer ownership of unrelated material.

9. Other people’s rights

Folkone and its licensors own the Platform, software, design, branding and content we provide, excluding Your Content and other users’ content.

We give you a limited, personal, non-transferable and revocable right to use the Platform for its intended purpose while you comply with these Terms. You may not copy, sell, reverse engineer or commercially exploit the Platform except to the extent law does not allow that restriction.

Respect other users’ content and privacy. Access to content does not give you ownership or permission to use it outside the context in which it was shared. If you provide information about another person, you must be authorized by that person or otherwise permitted to provide it, such as when making a genuine safety report, and you should provide only what is necessary.

10. Moderation, reports and account restrictions

We may use automated tools to screen profile information and other shared content, detect technical or safety signals and flag activity for review. Content may not be reviewed before it appears, and no system can identify or prevent every harmful act.

User reports and appeals are placed in a review queue for authorized reviewers. At present, an authorized reviewer, not an automated tool acting alone, makes the final decision to warn, suspend, ban or reactivate an account.

Where reasonably necessary, we may:

• limit the visibility or distribution of content;
• remove content or disable a feature;
• warn, restrict, suspend or close an account;
• preserve relevant evidence; or
• refer a matter to a service provider, regulator, law enforcement or emergency service.

We consider the nature, seriousness and context of the issue, available evidence, repeat conduct and risk of harm. We may act immediately where delay could create a material risk. Where required or reasonably practicable, we will explain a decision and provide a way to ask for review. You may contact hello@swem.ai to request an explanation or review of a decision that materially affects you.

Our ability to respond does not transfer responsibility for a user’s conduct to us.

11. Privacy

Our Privacy Policy at https://swem.ai/privacy explains the personal information we collect, how Swem and matching use it, automated processing, disclosures, overseas processing, retention and your choices.

You must not use the Platform to collect or misuse another person’s personal information. If you provide information about another person, you must be authorized by that person or otherwise permitted to provide it, such as when making a genuine safety report, and you should provide only what is necessary.

12. External services

The Platform may use or link to third-party sign-in, AI, map, media, payment, age assurance and other services. A third party’s terms and privacy policy may apply when you choose or use its service. We recommend that you read those terms and policies and understand how the third party collects, uses and discloses personal information.

We do not control independent third-party content or availability. A link or integration does not mean that we endorse everything offered by that third party. We remain responsible for our own obligations and for suppliers to the extent required by law.

13. Fees and purchases

You can use the core features of the Platform free of charge. Some optional features are available for a fee (“Paid Features”). At the date of these Terms, the Paid Features are:

• Swem Plus, an automatically renewing subscription with a one-week, one-month or six-month billing period. Swem Plus currently provides more introductions and hellos each day than the free tier, access for 90 days to everyone Swem has introduced you to, the option to tell Swem who you would like to meet, wider search areas and the other benefits shown on the Swem Plus screen at the time of purchase.
• One more look (an “extra look”), a one-time purchase that gives you one extra set of introductions and the hellos that come with it. Free and Swem Plus members can buy extra looks. An extra look does not expire. It is added on top of your daily limits and is used only after the introductions included for that day have been used. The hellos that come with an extra look can be used only in the set of introductions it provides.

Before you buy. The Platform shows the price in your local currency, what is included and, for Swem Plus, the billing period before you confirm a purchase. Prices may differ between countries and may change. A change to the price of an existing subscription is handled under the app store’s rules, including any notice or consent the store requires.

Payment. Purchases in the iOS app are made through Apple’s App Store and charged to your Apple Account when you confirm the purchase. Apple processes the payment and we do not receive your full card details. Apple’s terms also apply to the purchase.

Automatic renewal. Swem Plus renews automatically at the end of each billing period at the price then current for that period, unless you turn off automatic renewal at least 24 hours before the current period ends. Your Apple Account is charged for the renewal within the 24 hours before the current period ends. You can manage or cancel your subscription in your Apple Account settings at any time. Deleting the app or your Swem account does not cancel a subscription.

When access changes. If you cancel, Swem Plus continues until the end of the period you have paid for. If a renewal payment fails, Apple may retry it for a limited time, and we may continue to provide Swem Plus during a short grace period while it does. Daily limits reset each day at 4:00 am local time as shown in the Platform. If you have Swem Plus at any time during a day, its benefits apply for that whole day, and when Swem Plus ends they remain until the next daily reset.

Refunds. Refund requests for App Store purchases are made to Apple and decided under Apple’s policies. Except where the law requires otherwise, we do not provide refunds or credits for a partly used subscription period or for an extra look that has been used. If Apple refunds an extra look that you have not used, we remove that extra look from your account.

Restoring purchases. If you reinstall the app or use a new device with the same Apple Account, tap Restore on the Swem Plus screen to restore an active subscription.

Changes to Paid Features. Section 14 applies if we change or discontinue a Paid Feature. Nothing in these Terms or any store or payment-provider terms excludes rights that the law gives you, including under the Australian Consumer Law.

14. Availability, changes and ending access

We may maintain, improve, replace or discontinue Platform features and may interrupt access for maintenance, security, legal compliance or circumstances outside our reasonable control. We do not guarantee uninterrupted availability, a minimum number of recommendations or compatibility with every device.

If a change materially affects a paid entitlement or a right on which users reasonably rely, we will give reasonable notice and provide any choice or remedy required by law.

You may stop using the Platform or request account deletion through the available account process. Deleting the app does not delete the account. A deletion request enters our deletion process and may not be completed immediately. The Privacy Policy explains deletion timing and the limited information that may be retained.

We may warn, restrict, suspend or close an account where reasonably necessary because the user materially or repeatedly breaches these Terms, presents a material safety or security risk, appears ineligible, uses a compromised or fraudulent account, evades a restriction or where law requires action. We may act without advance notice where delay would create a material risk or make the action ineffective.

When an account ends, the right to use the Platform ends. Provisions that need to continue in order to have effect, including ownership, retained licenses, consumer rights, liability, disputes and legal retention, continue to the necessary extent.

15. Consumer guarantees and disclaimers

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right, remedy or liability that cannot lawfully be excluded or limited, including under the Australian Consumer Law.

Subject to those rights:

• AI and matching outputs are informational and may contain errors;
• we do not guarantee another user’s identity, suitability, statements or conduct;
• we do not guarantee a particular social, romantic, professional or other outcome;
• user content represents the user who supplied it, not Folkone; and
• temporary interruptions or changes may occur as described in these Terms.

These statements do not remove any duty or responsibility that applicable law places on us.

16. Liability

To the maximum extent permitted by law:

• each party is responsible for loss that is a reasonably foreseeable result of its breach, negligence or unlawful conduct;
• neither party is responsible for loss caused by the other party’s failure to take reasonable steps to avoid or reduce it;
• we are not responsible for loss caused solely by another user or independent third party that we could not reasonably prevent or control; and
• we are not liable for indirect or consequential loss that was not reasonably foreseeable when you accepted these Terms.

Nothing in this section limits liability that cannot lawfully be limited, including liability for fraud, willful misconduct or death or personal injury caused by negligence.

17. Responsibility for third-party claims

To the extent permitted by law, you must reimburse us for reasonable loss and third-party costs finally awarded against us, or agreed in a settlement you approve, where they directly result from Your Content unlawfully infringing another person’s rights, your fraud or deliberate unlawful conduct, or your material breach of sections 7 or 8.

We must promptly tell you about the claim, allow reasonable participation in the defense, obtain your approval before a settlement imposes a non-monetary obligation on you and take reasonable steps to reduce loss. Your responsibility is reduced to the extent our act or omission caused the loss.

18. Resolving concerns and governing law

Please first contact hello@swem.ai with a description of the issue and the outcome you seek. We will try to resolve it within a reasonable time.

This does not prevent either party from seeking urgent relief, reporting a safety issue or suspected offense, making a complaint to a regulator or starting a claim where waiting would prejudice a legal right.

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. The courts of New South Wales and courts entitled to hear appeals from them have non-exclusive jurisdiction. This section does not deprive you of a protection that applies in your place of residence.

We do not require individual arbitration or waive participation in a representative or class proceeding.

19. Changes to these Terms

We may update these Terms from time to time for legal, safety, security or product reasons. We will identify the updated date and provide reasonable notice of a material change by email, an in-app notification or another prominent notice.

If you do not agree to an updated version, you must stop accessing and using the Platform and may request deletion of your account before the updated version takes effect. If you continue to access or use the Platform after the effective date stated in the notice, you will be taken to have accepted the updated Terms.

20. App stores

If you download the app through Apple App Store or Google Play, the store’s platform terms also apply. Folkone, not the store, provides the Platform and is responsible for support and claims to the extent required by law. A store operator may enforce a provision that expressly gives it a benefit where its terms require this.

If you download the app from Apple’s App Store, Apple’s standard Licensed Application End User License Agreement also applies to your use of the app. These Terms are our agreement with you about the Platform. If they conflict with Apple’s agreement on a matter between you and us, these Terms apply to the extent the law and Apple’s terms allow.

21. General terms

• Assignment. You may not transfer your account or these Terms without our written consent. We may transfer these Terms to an affiliate or successor in a genuine reorganization, financing or sale if the transfer does not reduce your non-excludable rights.
• Severability. If part of these Terms is invalid or unenforceable, it will be read down where possible or severed, and the rest will continue.
• No waiver. A delay in enforcing a right is not a waiver.
• Entire agreement. These Terms, the Community Guidelines, any feature or purchase terms you accept and mandatory legal rights form the agreement about the Platform.
• Language. The English version governs. If we provide a translation, we will identify whether it is authoritative and will not rely on an inconsistent translation to reduce your rights.
• Headings. Headings are for readability and do not change the meaning of these Terms.

22. Contact

• Contracting entity: Folkone Pty Ltd (ABN 40 696 661 560; ACN 696 661 560)
• Postal or service address: Level 1, 63–73 Ann Street, Surry Hills NSW 2010, Australia
• Email: hello@swem.ai

For an urgent in-app safety issue, use Report or Block where available. Email is not an emergency channel.