Last Updated: March 20, 2025

Welcome to Swingular. These Terms of Service ("Terms") govern your access to and use of the Swingular website, mobile application, and services (collectively, the "Service"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Swingular regarding your use of the Service and supersede any prior or contemporaneous communications, whether oral or written, including any conflicting information presented elsewhere on the website or mobile application.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and that your use of the Service does not violate any applicable laws or regulations.

3. User Accounts

When you create an account, you must provide accurate, complete, and current information.

You are responsible for safeguarding your password and all activities that occur under your account.

You agree not to share your password with third parties and must notify us immediately of any unauthorized use of your account.

4. User Conduct and Prohibited Activities

You agree to use the Service in accordance with the following Code of Conduct:

• Respect Privacy: You will not share or disclose another user's information without their consent.
• No Harassment: You will not engage in harassment, hate speech, threats, or abuse.
• No Fraudulent Activity: You will not impersonate another person, organization, or entity.
• No Illegal Content: You will not post or distribute defamatory, violent, or illegal content.
• No Spam or Unauthorized Marketing: You will not use the Service to distribute spam, chain letters, or advertisements.
• No Unauthorized Access: You will not attempt to hack, scrape, or disrupt the Service in any way.

5. User Content

Our Service allows you to post, link, store, and share content ("User Content"). By posting content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content as necessary for the Service.

You represent and warrant that:

• You own or have rights to the content you post.
• Your content does not violate any third-party rights (e.g., copyrights, privacy, publicity rights).
• Your content does not contain illegal, fraudulent, or misleading material.

6. Monitoring and Removal of Information

We reserve the right to monitor all content and communications on the Service to ensure compliance with our Code of Conduct and other policies. We may remove or edit content that violates these terms or is otherwise deemed inappropriate.

7. External Links

The Service may contain links to third-party websites or resources. We are not responsible for the content, availability, or accuracy of these external sites. Use of external links is at your own risk, and we recommend reviewing their terms and privacy policies.

8. Indemnity

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another party.

9. Membership and Fees

Some features of the Service require paid membership.

• Lifetime Memberships: When you purchase a Lifetime Membership, you are paying a one-time administrative fee to cover the costs associated with maintaining your account and its Lifetime status. This administrative fee does not constitute payment for any specific service or product, and the Lifetime Membership itself holds no monetary value. Swingular reserves the right to revoke, terminate, or suspend any Lifetime Membership at any time and for any reason, with or without cause, and no refunds will be issued under any circumstances.
• Payments are non-refundable.
• Memberships are non-transferable.
• If your account is suspended or terminated due to a violation of these Terms, you are not entitled to a refund.
• We may change our pricing and membership policies at any time with notice.

10. Privacy and Security

By using the Service, you agree to our Privacy Policy, which outlines how we collect, use, and protect your information.

While we implement security measures to protect your data, we cannot guarantee absolute security. Users are responsible for safeguarding their own information and exercising caution when interacting with others on the platform.

11. Safety Disclaimer and Third-Party Interactions

Swingular provides a platform for users to connect, but we do not conduct background checks or verify the identity of users beyond basic registration requirements. We cannot guarantee your safety and are not responsible for interactions that occur outside our platform, including but not limited to:

• Communications on third-party apps (e.g., Kik, WhatsApp, Telegram, etc.).
• In-person meetings or events arranged through our platform.
• Any harm, harassment, fraud, or misconduct that occurs outside of our direct control.

You acknowledge that all interactions, whether online or offline, are at your own risk. We encourage users to exercise caution, meet in public places, and take necessary precautions when interacting with others.

12. Real and VIP Verified Members

We offer a member verification system to help establish that users are who they claim to be. Verification may be conducted through user-submitted evidence or verification by other already-verified members. However:

• Verification is not a guarantee of authenticity, identity, or safety.
• Verification only confirms that a user belongs to a demographic group (e.g., male, female, couple).
• Evidence submitted for verification may be faked, and we cannot ensure its accuracy.
• Verified users should still be approached with the same caution as any other user.
• Swingular is not responsible for any actions of verified users, nor does verification indicate that a user is safe to contact, meet, or trust.

13. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms.

Upon termination:

• Your access to the Service will be revoked immediately.
• We may retain certain information as required by law or for legitimate business purposes.
• If your usage of the Service is terminated due to a breach of these Terms, your remaining membership is immediately forfeited, including any Lifetime Membership privileges.

14. Intellectual Property License

For content that is covered by intellectual property rights, such as photos and videos ("IP content"), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Swingular ("IP License"). This IP License ends when you delete your content or your account, unless your content has been shared with others who have not deleted it.

15. Changes to Terms

We may update these Terms periodically. We will notify users of significant changes via email or by posting an updated version on the website. Continued use of the Service after changes take effect constitutes acceptance of the new Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, USA. Any disputes shall be resolved in the courts of New Mexico.

17. Contact Us

For any questions regarding these Terms, please contact us:

Email: terms@swingular.com
Address: Swingular Legal Team, 77 W. State St., Salt Lake City, UT 84101