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. Content Monitoring and Moderation

Swingular provides a platform for open-minded adults to connect with like-minded individuals. We expect each user to act responsibly and respect the rights of others. To protect the integrity and security of our platform, our community of members, and to ensure compliance with applicable laws and our policies, we maintain content monitoring and moderation processes.

As part of our commitment to platform safety and legal compliance, Swingular:

• Reviews member registrations and profile information
• Monitors and reviews content, including images, videos, and text, uploaded to the platform
• Employs both automated filtering systems and manual review processes
• Verifies age and identity of members as part of our registration process
• Monitors communications and activities to ensure compliance with our Terms of Service and Code of Conduct

We reserve the right, in our sole discretion, to:

• Monitor your use of the Service, your profile, and any content you upload or transmit
• Review all content (regardless of whether designated as public, private, or personal) before or after it is posted
• Remove, edit, or refuse to post any content that violates these Terms or is otherwise deemed inappropriate
• Suspend or terminate accounts that violate our policies
• Cooperate with law enforcement and report illegal activity

Important: Due to our monitoring practices, you should not expect that content or communications on our platform will remain completely private or free from our review. While we respect member privacy as outlined in our Privacy Policy, all content is subject to review for safety, security, and legal compliance purposes.

6.1. Content Filtering and Review Process

Swingular employs automated filters and manual review processes designed to detect and block content that violates our Terms of Service, Code of Conduct, or applicable laws. All uploaded content, including images, videos, and text, may be filtered and reviewed before or after being made available on the platform.

Our filtering and review processes are designed to:

• Detect and block inappropriate, illegal, or unauthorized content
• Ensure content complies with our content guidelines and policies
• Verify that content is properly categorized (e.g., public, private, or personal)
• Protect our community from harmful or violating material

We reserve the right to refuse to post, remove, or relocate any content, in whole or in part, that we believe, in our sole discretion, violates these Terms, our policies, or negatively impacts the member experience. Nothing in this section absolves you of your obligations regarding the content you upload, including your responsibility to ensure you have all necessary rights and permissions as outlined in Section 5 (User Content).

While we employ these monitoring and filtering systems, Swingular does not assume responsibility for content uploaded by users. Users remain solely responsible for ensuring their content complies with all applicable laws and these Terms.

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. Compliance with FOSTA/SESTA

You represent and warrant that you will not use the Service to engage in any activity that:

• Promotes or facilitates prostitution
• Facilitates traffickers in advertising the sale of unlawful sex acts with sex trafficking victims
• Violates the Allow States and Victims to Fight Online Sex Trafficking Act ("FOSTA") or the Stop Enabling Sex Traffickers Act ("SESTA")

You further represent and warrant that you will defend, indemnify, and hold Swingular, Avid Holdings LLC, and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claims, including reasonable attorneys' fees, arising from any allegation that you have:

• Promoted or facilitated prostitution
• Facilitated traffickers in advertising the sale of unlawful sex acts with sex trafficking victims
• Violated FOSTA, SESTA, or any related federal or state laws

Any violation of this section will result in immediate account termination and may be reported to law enforcement authorities. For more information, see our Anti-Trafficking Policy.

9. 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.

10. Membership and Fees

Some features of the Service require paid membership.

• Premium Access (One-Time Payment): When you purchase Premium Access with a one-time payment, you are paying a single administrative fee for ongoing access to premium features. This is NOT a lifetime guarantee. This administrative fee does not constitute payment for any specific service or product, and the membership itself holds no monetary value. Access continues as long as your account remains in good standing and you comply with these Terms. Swingular reserves the right to:
  • Modify or discontinue features at any time
  • Terminate or suspend access for Terms of Service violations
  • Discontinue the Service with 30 days notice
  • Implement additional fees for new features or services
  • Revoke access for any reason with or without cause
  No refunds will be issued under any circumstances, except as required by law.
• Recurring Subscriptions: Monthly and annual subscriptions renew automatically unless cancelled. You may cancel at any time, but no refunds will be issued for partial periods.
• Cancellation Policy: You may cancel your recurring subscription at any time through:
  • Self-Service: Log into your account and cancel directly through your subscription settings
  • Customer Support: Contact us at [email protected] or call our support line
  When you cancel, you have two options:
  • Cancel at Period End: Your subscription will not renew, but you will retain access to premium features until the end of your current billing period
  • Cancel Immediately: Your subscription and premium access will end immediately
  No refunds will be issued for the remaining time in your billing cycle, regardless of which cancellation option you choose. Premium Access (one-time payment) memberships cannot be cancelled as they are not recurring subscriptions.
• Refund Policy: All payments are non-refundable. We maintain this policy for two important reasons:
  • Free Membership Available: Swingular offers free guest and verified member accounts that provide sufficient access to evaluate the quality of the platform, assess the number of active members, and determine site usage before deciding to upgrade. This ensures you can make a fully informed decision about purchasing a paid membership.
  • Member Privacy Protection: Our no-refund policy protects our community from individuals who might purchase memberships solely to access private content, restricted profiles, or sensitive member information, then request refunds. This safeguards the privacy and security of our members.
  By making an informed decision after using our free membership options, you acknowledge that all sales are final.
• 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 and will immediately lose all access.
• We may change our pricing and membership policies at any time with notice to existing members.

11. 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.

12. 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.

13. 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.

14. 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 Premium Access privileges.

15. 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.

16. 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.

17. 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.

18. Contact Us

For any questions regarding these Terms, please contact us:

Email: [email protected]
Address: Avid Holdings LLC
530-B Harkle Road, STE 100
Santa Fe, New Mexico 87505

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