Introduction

These Terms of Service ("Terms") govern your use of the Swana mobile application (the "App") operated by Swana Motion ("we," "our," or "us").

Please read these Terms carefully before using the App. By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

Definitions

• "App" means the Swana mobile application

• "User," "you," or "your" means any person who accesses or uses the App

• "Content" means any video recordings, images, text, or other materials uploaded, posted, or transmitted through the App

• "Services" means all features and functionality provided through the App

Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you confirm that you have obtained parental or guardian consent to use the App.

Account Registration

To access certain features of the App, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information

• Maintain and promptly update your account information

• Keep your password secure and confidential

• Accept responsibility for all activities that occur under your account

• Notify us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or incomplete.

Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload, post, or transmit any Content that infringes intellectual property rights

• Share Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

• Upload Content containing individuals without their consent

• Impersonate any person or entity or misrepresent your affiliation with any person or entity

• Interfere with or disrupt the App or servers or networks connected to the App

• Attempt to gain unauthorised access to any portion of the App or any other systems or networks

• Use the App to transmit any viruses, worms, or malicious code

• Collect or store personal data about other users without their consent

• Use the App for any commercial purposes without our prior written consent

• Create multiple accounts or use automated means to access the App

User Content

Ownership

You retain all ownership rights in the Content you upload to the App. We do not claim ownership of your Content.

Licence Grant

By uploading Content to the App, you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to use, store, copy, modify, and display your Content solely for the purpose of operating, developing, and improving the App and our Services.

Content Responsibility

You are solely responsible for your Content and the consequences of uploading or publishing it. You represent and warrant that:

• You own or have the necessary rights and permissions to use and authorise us to use your Content

• You have obtained consent from any individuals appearing in your Content

• Your Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party

• Your Content complies with these Terms and all applicable laws

Content Removal

We reserve the right (but have no obligation) to review, refuse, or remove any Content that we believe violates these Terms or is otherwise objectionable, without prior notice.

Subscriptions and Payments

Subscription Plans

Some features of the App require a paid subscription. Details of available subscription plans, including pricing and features, are available within the App.

Billing

Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). Payment is processed through the Apple App Store or Google Play Store.

Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. You can manage and cancel your subscription through your device's app store settings.

Price Changes

We reserve the right to change subscription prices. Any price changes will be communicated to you in advance and will apply from your next billing period.

Refunds

Refunds are handled in accordance with the refund policies of the Apple App Store or Google Play Store. We do not directly process refunds.

Intellectual Property

Our Intellectual Property

The App and its original content (excluding User Content), features, and functionality are owned by Swana Motion and are protected by copyright, trademark, and other intellectual property laws of the United Kingdom and other countries.

You may not copy, modify, distribute, sell, or lease any part of our App or included software, nor may you reverse engineer or attempt to extract the source code of that software.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding the App, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use such feedback for any purpose without compensation to you.

Third-Party Services

The App may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We use the following third-party services to operate the App:

• Firebase (Google): Authentication, database, and cloud storage

• Expo: App development and updates

• RevenueCat: Subscription management

Your use of these third-party services is subject to their respective terms of service and privacy policies.

Disclaimers

"As Is" Basis

The App is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantee

We do not warrant that:

• The App will be available at all times or at any particular time

• The App will be uninterrupted, secure, or error-free

• The results obtained from using the App will be accurate or reliable

• Any errors in the App will be corrected

Use at Your Own Risk

Your use of the App is at your sole risk. You are responsible for any damage to your device or loss of data that results from your use of the App.

Limitation of Liability

To the maximum extent permitted by applicable law, Swana Motion and its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages

• Any loss of profits, revenue, data, goodwill, or other intangible losses

• Any damages resulting from your access to or use of (or inability to access or use) the App

• Any damages resulting from any Content obtained from the App

• Any damages resulting from unauthorised access to or alteration of your transmissions or Content

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Indemnification

You agree to defend, indemnify, and hold harmless Swana Motion and its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of the App

• Your violation of these Terms

• Your violation of any third-party right, including intellectual property or privacy rights

• Any Content you upload to the App

Termination

Termination by You

You may terminate your account at any time by deleting your account through the App settings or by contacting us at help@swana.co.uk.

Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Effect of Termination

Upon termination:

• Your right to use the App will immediately cease

• We may delete your account and Content

• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

• Posting the updated Terms in the App

• Updating the "Last Updated" date at the top of these Terms

• Sending you a notification if the changes are significant

Your continued use of the App after any changes indicates your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the App.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Swana Motion.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Swana Motion regarding your use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.