Terms of Service

These Terms of Service govern the use of the SwypeCast platform (Studio, Editor, Player and Ad Server) operated by my105 GmbH, Vulkanplatz 7, 8048 Zurich ("we", "SwypeCast"). By registering an account you accept these terms.

1. Service

SwypeCast provides a software-as-a-service platform that lets organisations ("customers") create vertical stories from video, audio and image clips, design clips in the editor (including with stock material, music and AI generation), publish the stories under their own subdomain, embed them in websites and apps, share them as a feed or QR code, evaluate and moderate viewer reactions, comments, votes and questions, view usage statistics and deliver their own advertising campaigns. The scope of features depends on the chosen plan (Free, Team, Pro, Business). Features and limits per plan (number of stories, clips, storage, video minutes, views, seats, AI credits) are shown on the pricing page and in the Studio under Settings → Subscription.

2. Registration and account

• Registration requires a valid email address or a Google account and the name of an organisation. The person opening the account confirms that they are entitled to act for the organisation.
• Credentials must be kept confidential. Actions taken under an account are attributed to the customer.
• Admins may invite further team members and define their permissions. The customer is responsible for its team.

3. Trial, plans and payment

• New accounts can try the Pro plan free of charge for 7 days, without a credit card. When the trial ends, the organisation automatically continues on the Free plan with its limits; published stories remain available. No costs arise as long as no paid plan is chosen.
• The Team and Pro plans are booked in the Studio, monthly or yearly, and paid in advance via our payment provider Stripe. The prices on the pricing page at the time of booking apply; they are in CHF including VAT. Receipts and invoices are available in Stripe's customer portal.
• The Business plan is agreed individually and billed by invoice. Invoices are payable within 30 days.
• A change to a higher plan takes effect immediately; the unused rest of the paid period is credited. A change to a lower plan or from yearly to monthly payment takes effect at the end of the current period.
• Additional seats are charged pro rata for the rest of the current period. If seats are reduced, the unused rest is credited on the next invoice.
• Every plan includes a number of views per month. Once they are used up, the Player pauses until the next month; we warn beforehand by email and in the Studio, and a change to a higher plan unlocks the Player immediately. Additional views are not charged.
• If a payment is not made, we may end the subscription; the organisation then continues on the Free plan.
• Fees paid are not refunded, including on cancellation or on a change to a lower plan during the current period.

4. Customer content

• Customers keep all rights to their uploaded content. They grant SwypeCast the non-exclusive right to store, process (e.g. transcoding, thumbnails, rendering in the editor) and deliver the content for the purpose of providing the service, including via embeds, feeds and shared links.
• Customers warrant that they hold the necessary rights to the content (music, images, videos, fonts, personality rights) and that the content does not violate applicable law. For uploaded audio, the Editor explicitly asks for this confirmation and stores it.
• Unlawful, defamatory, pornographic, violence-glorifying or discriminatory content and malware are prohibited in particular. We may remove such content without notice and suspend the account.
• Comments, answers to questions and other contributions of viewers are third-party content. The customer moderates them in the Studio; SwypeCast provides tools for this (queue, blocklist, AI pre-screening) but assumes no obligation to moderate. The customer's replies to comments appear publicly under the name of its organisation.

4a. Contact details and prize draws

The customer may ask viewers for an email address so that it can answer a comment or a question, and it may run prize draws with an entry form. It is the controller of this data and undertakes:

• to use the details only for the stated purpose, that is the answer or running and drawing the prize draw;
• to send no advertising to these addresses without a separate, demonstrable consent (the newsletter box in the form is never pre-ticked);
• to link terms of entry that name the organiser, the closing date, the prize, the conditions and whether recourse to the courts is excluded;
• to ask only for details it really needs for the purpose, and to delete entries once they are no longer needed;
• to answer requests for information and deletion from entrants itself.

SwypeCast stores this data as a processor, shows it only to members with the corresponding right and deletes it automatically after twelve months.

5. Third-party material in the editor

• Stock images and videos come from Pixabay and are subject to its licence. Material that is chosen is copied into the customer's library; its source is stored.
• Music library: the tracks are by Kevin MacLeod (incompetech.com) and licensed under Creative Commons BY 4.0. SwypeCast shows the required attribution in the Player automatically. Anyone using such a clip outside SwypeCast must provide the attribution themselves.
• iTunes is only available to organisations for which we have enabled the feature. The preview, the cover and, where applicable, the video preview are streamed in the Player directly from Apple and never become part of the video file. The Player shows Apple's badge with a link to the store; clips with iTunes music cannot be used as creatives. The rights to this content remain with Apple and the rights holders.

6. AI generation and credits

• Availability: AI generation of images, video and audio is included in the Team, Pro and Business plans, each with a number of included credits per month as shown on the pricing page. Additional credits can be bought as one-time packs in these plans.
• Consumption: every generation costs credits, including a second try with the same prompt and a discarded result. The price is shown before every click. The included credits of the current month are used first, then the purchased ones.
• Expiry: included credits expire at the end of the month. Purchased credits do not expire; however, they can only be used in a plan with AI generation. If the organisation is deleted or the contract ends, all credits expire without replacement; purchased credits are not refunded, paid out or transferred. The Studio points this out before deletion.
• Refunds of credits: if a generation fails technically (error or timeout at the provider, empty result, block by the provider's filter), we credit the credits back. A prompt rejected by our check costs nothing.
• Monthly limit: to protect against abuse, a monthly credit limit applies per organisation. Anyone who needs more contacts support.
• Rules for prompts and source material: prohibited in particular are real, identifiable persons, minors in an inappropriate context, sexual content, violence, hate and discrimination, third-party brands, logos and characters, named artists, bands, songs, albums or labels (also as a comparison) and instructions for crimes. We check every prompt automatically before generation and reject such prompts; this does not release the customer from its own responsibility.
• Providers: images and video are generated by Google (Gemini API), audio by ElevenLabs (instrumental only). Google's results carry an invisible watermark (SynthID).
• Rights to the output: SwypeCast claims no rights to the results except for providing the service. To the extent rights to a result arise and the providers' terms allow it, the customer may use it commercially, AI audio tracks however not in film, television or game productions. Results are not exclusive: the same or a similar result may also be produced for others. As a rule, no copyright arises in content generated purely from a prompt. We give no warranty that a result is protectable, unique or free of third-party rights.
• Review and labelling: the customer reviews every result before publication and is responsible for the publication. In the Player, SwypeCast labels AI-generated clips "AI-generated"; this notice cannot be switched off. The customer must not remove or circumvent labels and watermarks. If it uses results outside SwypeCast, it is responsible for labelling them there.
• Release to other users: when generating, the customer can indicate whether it would release a result for a future shared archive. We store this choice but currently do not pass anything on to other customers. Before such an archive starts, we will adapt these terms and inform customers.

7. Advertising

The Ad Server delivers only campaigns that the customer creates in the Studio. The customer is responsible for labelling, content and legality of its advertising and for the relationship with its advertisers. Impressions are counted according to the MRC standard (visible for at least two seconds); the figures in the Studio are the binding basis.

8. Availability and support

We strive for high availability but do not guarantee uninterrupted operation. Features that rely on third-party services (e.g. AI generation, stock material, iTunes, place search) may be restricted or discontinued if the respective provider changes its service. Help is available in the Help Center, support at support@swypecast.com.

9. Data protection

The processing of personal data is described in our Privacy Policy. Where we process personal data on behalf of the customer (e.g. viewers' comments, reactions, votes and usage data, voluntary contact details on feedback, entries in prize draws as well as data of its advertisers), the customer is the controller and SwypeCast the processor; on request we conclude a data processing agreement. The customer informs its viewers in its own legal texts, which it stores in the Studio under Settings → Legal.

10. Liability

• SwypeCast is liable for damages only in cases of intent or gross negligence. Liability for slight negligence, consequential damages, lost profit and data loss is excluded to the extent permitted by law.
• In any case liability is limited to the fees paid by the customer in the preceding twelve months.
• For AI results (section 6), liability is limited to the amount the customer paid for AI credits in the preceding twelve months. SwypeCast is not liable for third-party claims based on copyright, music, trademark or personality rights in AI results; these are borne by the customer who publishes the results.
• The customer indemnifies SwypeCast against third-party claims arising from its content, its prompts, the publication of AI results, its advertising or its use of the service.

11. Term and termination

• Free accounts and trials can be ended at any time.
• The Team and Pro plans renew automatically for the chosen term (month or year). They can be cancelled at any time in the Studio under Settings → Subscription, effective at the end of the current period; the organisation then continues on the Free plan. For the Business plan the individual agreement applies.
• We may terminate the contract without notice for good cause, in particular for breaches of sections 4 or 6 or late payment.
• If the customer deletes its organisation, its data is permanently deleted after a period of 30 days. Credits expire without replacement (section 6).

12. Changes

We may amend these terms. Changes are announced by email or in the Studio and take effect unless the customer objects within 30 days. In case of objection the contract may be terminated as of the effective date.

13. Governing law and jurisdiction

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Zurich, Switzerland. Should any provision be invalid, the remainder of these terms remains in force.