Terms of Service

1. Agreement

These Terms govern your access to and use of Swoonly ("the Service"), operated by Craig Kidney, based in New Brunswick, Canada. By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By creating an account you confirm you meet this requirement. The Service contains adult content and is intended for adults only.

3. Your account

You are responsible for the confidentiality of your credentials and for all activity that happens under your account. Tell us immediately if you suspect unauthorized use. One person per account.

You may delete your account at any time from Settings → Privacy & data. Deletion removes your account, characters, messages, and generated media within 30 days, subject to legal retention requirements (e.g. payment records).

4. Acceptable use

You agree not to use the Service to generate, request, distribute, or store any of the following:

• Any sexual content depicting minors, or content that sexualises, grooms, or endangers minors in any way. This is absolute. Violations are terminated on first offence and reported to the National Center for Missing & Exploited Children (NCMEC) or the relevant authority in your jurisdiction.
• Deepfakes. You may not use the Service to create “deepfake” images or video, or any depiction of a real, identifiable person, without that person’s explicit written consent.
• Non-consensual intimate imagery, or content that impersonates a real identifiable person without their explicit written consent.
• Content that depicts or describes any of: incest; non-consensual acts (including sleeping, unconscious, or otherwise incapacitated subjects); bestiality or animal cruelty; watersports or scat; violence, abduction, or snuff / fantasy-snuff; sexual activity under the influence of drugs, alcohol, or hypnosis; prostitution or escorting; or polygamy.
• Hate speech; content that provides professional advice (including medical, legal, financial, or gambling advice); or instructions that facilitate violence, self-harm, terrorism, trafficking, or other unlawful conduct.
• Content that infringes the intellectual property, privacy, or publicity rights of others.
• Attempts to bypass, disable, or reverse-engineer our safety systems, rate limits, or access controls.
• Automated scraping, resale, or redistribution of the Service or its output outside of your personal use.

We reserve the right to remove content and suspend or terminate accounts that violate these rules, with or without notice.

5. Content and intellectual property

You own the character profiles, messages, and prompts you author. You grant us a limited licence to process and store them solely to operate the Service for you.

AI-generated images, videos, voice notes, and text produced through the Service are yours to use for personal, non-commercial purposes, subject to the acceptable-use rules above and to any applicable licences of the underlying AI models.

The Swoonly name, logo, and site design remain our property. You may not hold yourself out as us or the Service.

6. Tokens, plans, and payments

Tokens are the in-app unit used to pay for images, videos, voice notes, and other paid actions. Tokens have no cash value outside the Service and are non-refundable once purchased, except where required by law.

Subscription plans are billed on the schedule shown at purchase (monthly, quarterly, or annually) and auto-renew until you cancel. Cancel any time from your wallet or your payment processor's portal; you keep access through the end of the current period.

Payments are processed by CCBill. Your card details are provided to CCBill directly; we never see or store them. Chargebacks or fraud may result in account suspension.

Prices, plan contents, and token costs may change; we will give reasonable notice before a change that affects an active subscription.

7. AI-generated content — no guarantees

Text, images, videos, and voice output are generated by AI. They can be inaccurate, inappropriate, or unexpected despite our safety measures. Do not rely on the Service for medical, legal, financial, safety, or other professional advice, or for factual accuracy about real people, events, or places. Content produced does not represent the views of the operator.

If you encounter output that violates our rules, report it.

8. Third-party services

The Service uses third-party providers for AI models, hosting, storage, delivery, and payments. Your use of the Service is also subject to their terms where applicable. A current list is in the Privacy Policy.

9. Disclaimer and limitation of liability

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation.

To the maximum extent permitted by law, our aggregate liability arising out of or relating to the Service will not exceed the greater of (a) the amount you paid us in the twelve months before the claim, or (b) CAD $100. We are not liable for indirect, incidental, special, consequential, or punitive damages.

Nothing in these Terms limits liability that cannot be limited under applicable law.

10. Indemnity

You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, arising from your use of the Service, your content, or your violation of these Terms.

11. Suspension and termination

We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the safety or integrity of the Service. Where reasonable and safe to do so we will tell you the reason and give you an opportunity to respond.

You may stop using the Service at any time by deleting your account.

12. Governing law and disputes

These Terms are governed by the laws of the Province of New Brunswick and the laws of Canada applicable there, without regard to conflicts of law rules. You and we submit to the exclusive jurisdiction of the courts of New Brunswick for any dispute that cannot be resolved informally, except that either party may seek injunctive relief in any court of competent jurisdiction.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be signalled by an updated "Last updated" date at the top of this page and, where required, by notice in the app. Continued use after a change means you accept the updated Terms.

14. Contact

Craig Kidney (Swoonly), New Brunswick, Canada. [email protected] — support.