Terms of service

These terms govern your use of the Sway website and our services. By accessing our website or hiring us, you agree to these terms. We’ve kept the language as straightforward as possible so you actually know what you’re agreeing to. If anything is unclear, contact us before proceeding.

1. Who We Are

Sway is a social media agency that provides content strategy, content creation, social media management, paid advertising, and related digital marketing services. When we say “Sway,” “we,” “us,” or “our,” we’re referring to the Sway agency and its team. When we say “you” or “your,” we’re referring to you, the user of our website or the client engaging our services.

2. Use of Our Website

You may use our website for lawful purposes only. You agree not to use our website in any way that could damage, disable, or impair the site or interfere with anyone else’s use of it. You agree not to attempt to gain unauthorized access to any part of the website, its servers, or any systems connected to it.

We reserve the right to restrict or terminate your access to the website at any time, without notice, for any conduct that we believe violates these terms or is harmful to other users, us, or third parties.

3. Our Services

When you engage Sway for services, the specific scope, deliverables, timeline, and pricing will be outlined in a separate service agreement or proposal. These terms of service apply in addition to any service agreement. In the event of a conflict between these terms and a signed service agreement, the service agreement takes precedence.

We commit to delivering services with professional care and to the best of our ability. However, we cannot guarantee specific results such as follower counts, engagement rates, or revenue increases, as these depend on many factors beyond our control including platform algorithms, market conditions, and the quality of your products or services.

We will always be transparent about what we can realistically achieve and will communicate openly if expectations need to be adjusted based on actual performance.

4. Payment Terms

Payment terms are outlined in your service agreement. Unless otherwise specified, invoices are issued monthly and are due within 14 days of the invoice date. Late payments may result in suspension of services until the outstanding balance is cleared.

All fees are quoted in US dollars unless otherwise stated. Prices are subject to change with 30 days written notice. Any price changes will not affect services already under contract at the previously agreed rate for the duration of that contract period.

If you believe an invoice contains an error, contact us within 7 days of receiving it and we’ll review and resolve the issue promptly. Undisputed portions of any invoice remain due on the original date.

5. Intellectual Property

Our intellectual property

All content on this website, including text, graphics, logos, images, and software, is the property of Sway or our content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this website without our express written permission.

Work created for clients

Content we create for you as part of our services, including social media posts, graphics, videos, copy, and strategy documents, becomes your property upon full payment. You own the final deliverables. We retain the right to showcase this work in our portfolio and case studies unless you explicitly request otherwise in writing.

Any tools, templates, processes, or methodologies we use in delivering our services remain our intellectual property. We grant you a license to benefit from these as part of our services, but they are not transferred to you. 6. Confidentiality

During our working relationship, both parties may share confidential information. We will treat all information you share with us as confidential and will not disclose it to third parties without your consent, except as required by law or as necessary to provide our services through trusted service providers who are bound by confidentiality obligations.

This includes your business strategies, financial information, customer data, login credentials, and any other information that is not publicly available. We expect the same level of confidentiality from you regarding our proprietary methods, strategies, and internal processes.

Confidentiality obligations survive the termination of our business relationship. Even after we stop working together, we will continue to protect your confidential information.

7. Account Access and Credentials

To provide our services, you may need to grant us access to your social media accounts, analytics platforms, or other tools. You retain full ownership and administrative control of all your accounts at all times. We will only access your accounts to perform the services agreed upon in our service agreement.

We recommend granting access through platform-native tools such as Meta Business Suite or similar role-based access systems rather than sharing login credentials directly. If direct credentials are necessary, we will store them securely and return or delete all access information upon termination of our engagement.

You are responsible for maintaining the security of your own accounts and for revoking our access promptly if our engagement ends.

8. Termination

Either party may terminate the service relationship with 30 days written notice unless otherwise specified in the service agreement. Upon termination, you are responsible for payment of all services rendered up to the termination date including any work in progress.

Upon termination, we will provide you with all completed deliverables, return any confidential materials, and revoke our access to your accounts and tools within 7 business days. Any pre-paid fees for services not yet rendered will be refunded on a prorated basis.

We reserve the right to terminate our services immediately if you engage in conduct that is abusive, illegal, or materially breaches these terms. In such cases, no refund will be provided for prepaid services.

9. Limitation of Liability

To the maximum extent permitted by law, Sway shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to our services or this agreement. This includes but is not limited to lost profits, lost revenue, lost data, or business interruption.

Our total liability for any claims arising out of or related to our services shall not exceed the total amount you paid to Sway in the three months preceding the claim. This limitation applies regardless of the theory of liability, whether in contract, tort, negligence, or otherwise.

We are not responsible for changes to social media platform algorithms, policies, or features that may affect the performance of our services. We are also not responsible for any actions taken by social media platforms against your accounts that are outside our control, such as account suspensions or content removals.

10. Disclaimers

Our website and its content are provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information on our website for any particular purpose.

Any case studies, testimonials, or results shared on our website represent the experiences of specific clients and are not guarantees of future performance. Individual results vary depending on numerous factors including industry, budget, market conditions, product quality, and the level of collaboration between Sway and the client.

The information on our website, including blog posts and resources, is for general informational purposes only and should not be considered professional advice for your specific situation.

11. Indemnification

You agree to indemnify and hold harmless Sway, its team members, contractors, and affiliates from any claims, damages, losses, or expenses, including reasonable legal fees, arising from your use of our website, your breach of these terms, any content you provide to us for use in our services, or any violation of applicable laws or third-party rights. Similarly, we will indemnify you against any claims arising from our negligence or willful misconduct in providing our services, provided that you notify us promptly of any such claims and cooperate with us in their defense.

12. Governing Law

These terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to conflict of law provisions. Any disputes arising from these terms or our services shall be resolved through good faith negotiation first. If negotiation fails, disputes shall be submitted to binding arbitration in [Your City, State/Country].

Both parties agree to attempt informal resolution of any dispute for at least 30 days before initiating formal proceedings. We believe most disagreements can be resolved through honest communication, and we commit to engaging in that process in good faith.

13. Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These terms, together with our privacy policy and any signed service agreements, constitute the entire agreement between you and Sway. Any prior agreements, representations, or understandings, whether written or oral, are superseded by these terms. No amendment to these terms shall be effective unless made in writing and agreed upon by both parties.

15. Changes to These Terms

We may update these terms from time to time. When we do, we’ll update the “last updated” date at the top of this page. For material changes, we’ll make reasonable efforts to notify you in advance. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised terms.

If you do not agree with any changes to these terms, you should stop using our website and contact us to discuss the termination of any active services. 16. Contact Us

If you have any questions about these terms of service, need clarification on any section, or want to discuss anything related to our working relationship, please contact us.

Sway

Email: hello@swayagency.com

Address: [Your Business Address]