swiv

swiv

SWIV TERMS OF SERVICE

Effective Date: August 20, 2025

Last Updated: August 20, 2025

ACCEPTANCE AND AGREEMENT FORMATION

Binding Agreement

By clicking "I AGREE," accessing, or using Swiv's services ("Services"), you enter into a legally binding agreement with Swiv ("Company," "we," "us"). If you disagree with any provision, immediately stop using our Services.

Legal Capacity

You represent that you:

  • Are at least 18 years old (or age of majority in your jurisdiction)
  • Have legal capacity to enter binding contracts
  • Are not prohibited from using our Services under applicable law
  • Will comply with all applicable laws and regulations

Modifications

We may modify these Terms at any time. Material changes will be posted with 30 days notice. Continued use after changes constitutes acceptance.

SERVICE DESCRIPTION AND AVAILABILITY

AI Services

We provide experimental artificial intelligence services including:

  • Conversational AI and virtual assistants
  • Voice processing and speech recognition
  • AI companions and interactive characters
  • Health and wellness monitoring integration
  • Gaming and entertainment features
  • Custom AI training and development

Service Availability

Services are provided "as available" without guarantees of:

  • Continuous availability or uptime
  • Error-free operation or performance
  • Compatibility with your devices or systems
  • Preservation of your data or content
  • Continued availability of any specific feature

Experimental Nature

CRITICAL NOTICE: Our Services are experimental technology in development. They may:

  • Contain bugs, errors, or security vulnerabilities
  • Produce unpredictable or harmful outputs
  • Be modified or discontinued without notice
  • Fail to meet your expectations or requirements

USER ACCOUNTS AND RESPONSIBILITIES

Account Security

You are responsible for:

  • Maintaining confidentiality of account credentials
  • All activity occurring under your account
  • Immediately notifying us of unauthorized access
  • Using strong passwords and security measures

User Obligations

You agree to:

  • Provide accurate account information
  • Keep account information current and updated
  • Use Services only for lawful purposes
  • Comply with all applicable laws and regulations
  • Respect the rights of other users and third parties

Age Restrictions

  • Users must be 18+ in UAE or 13+ with parental consent in US
  • Minors require verifiable parental consent
  • Enhanced safety measures apply to users under 18
  • Parents are responsible for minor's use of Services

PROHIBITED USES AND CONDUCT

General Prohibitions

You may not:

  • Use Services for illegal, fraudulent, or harmful purposes
  • Violate any applicable laws, regulations, or third-party rights
  • Interfere with or disrupt Services or security measures
  • Attempt to gain unauthorized access to our systems
  • Reverse engineer, decompile, or extract source code
  • Create derivative works or competing services
  • Use automated tools to access Services without permission

Content Restrictions

You may not submit, upload, or generate content that:

  • Is illegal, harmful, threatening, or abusive
  • Violates intellectual property rights
  • Contains malware, viruses, or harmful code
  • Promotes violence, hatred, or discrimination
  • Involves minors in harmful or inappropriate ways
  • Violates privacy rights of others

AI-Specific Restrictions

You may not:

  • Attempt to manipulate AI responses for harmful purposes
  • Use AI outputs to train competing AI systems
  • Present AI-generated content as human-created without disclosure
  • Rely on AI for critical decisions without independent verification
  • Use AI for professional services (medical, legal, financial advice)

COMPREHENSIVE AI DISCLAIMERS

AI System Limitations

CRITICAL WARNING: Our AI systems:

  • Are Not Human: AI responses are generated by algorithms, not human intelligence
  • Are Unreliable: May produce inaccurate, biased, inappropriate, or harmful content
  • Have No Consciousness: Do not possess emotions, consciousness, or genuine understanding
  • Cannot Replace Professionals: Are not substitutes for human experts or professional services
  • Are Experimental: May exhibit unpredictable behaviors or unexpected responses

AI Companion Relationships

ARTIFICIAL RELATIONSHIP WARNING: AI companions are computer programs, not real beings:

  • No Real Emotions: AI expressions of love, care, or emotion are programmed responses
  • Risk of Dependency: Users may develop unhealthy emotional attachments
  • Social Isolation Risk: AI relationships may interfere with real human connections
  • Not Therapeutic: AI interactions do not constitute therapy or counseling
  • Reality Confusion: Users may confuse AI interactions with genuine relationships

Crisis and Emergency Limitations

EMERGENCY DISCLAIMER:

Our AI systems:

  • Cannot Handle Emergencies: Are not equipped for crisis intervention or emergency response
  • Cannot Detect All Crises: May fail to identify suicidal ideation or self-harm expressions
  • Cannot Replace Emergency Services: Should never be relied upon instead of professional help
  • May Provide Harmful Advice: Could give inappropriate responses to crisis situations
  • Have No Professional Training: Are not trained counselors, therapists, or medical professionals

IF YOU EXPERIENCE EMERGENCY: Immediately contact:

  • US: 911 (emergency) or 988 (suicide/crisis hotline)
  • UAE: 999 (emergency) or mental health crisis services
  • Other Countries: Local emergency services and crisis hotlines

HEALTH AND MEDICAL DISCLAIMERS

Not Medical Services

MEDICAL DISCLAIMER:

Our Services:

  • Are Not Medical Devices: Not intended for medical diagnosis, treatment, or monitoring
  • Provide No Medical Advice: AI responses are not medical or health advice
  • Create No Medical Relationship: No doctor-patient relationship is established
  • Cannot Replace Healthcare: Should not substitute for professional medical care
  • Are Not FDA Approved: Have not been evaluated by medical regulatory authorities

Health Data Limitations

HEALTH MONITORING DISCLAIMER:

  • Wearable Data Inaccuracy: Health data from devices may be inaccurate or unreliable
  • No Diagnostic Capability: Cannot diagnose medical conditions or health problems
  • Individual Variation: Health insights may not apply to your specific circumstances
  • Emergency Detection Failure: Cannot detect or respond to medical emergencies
  • Professional Consultation Required: Always consult healthcare providers for medical concerns

Mental Health Warnings

MENTAL HEALTH DISCLAIMER:

  • Not Therapy: AI interactions do not constitute mental health treatment
  • Cannot Replace Counselors: Should not substitute for professional mental health care
  • Crisis Response Inadequate: May fail to properly respond to mental health emergencies
  • Potential Harm: AI responses may worsen mental health conditions
  • Professional Help Required: Seek qualified mental health professionals for support

INTELLECTUAL PROPERTY RIGHTS

Company Ownership

We own all rights to:

  • Software, algorithms, and AI models
  • User interfaces and designs
  • Trademarks, logos, and brand names
  • Proprietary technologies and innovations
  • Documentation and training materials

User Content License

By submitting content, you grant us a worldwide, royalty-free, perpetual, irrevocable license to:

  • Use, reproduce, modify, and distribute your content
  • Create derivative works and translations
  • Display and perform your content publicly
  • Use content for AI training and model development
  • Sublicense content to third parties for business purposes

AI-Generated Content

  • Company owns AI-generated content and underlying technology
  • You receive limited usage rights for AI outputs
  • You are responsible for verifying accuracy and legality of AI content
  • AI content may be subject to intellectual property claims by third parties

COMPREHENSIVE WARRANTIES DISCLAIMER

NO WARRANTIES

SERVICES PROVIDED "AS-IS":

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

  • MERCHANTABILITY: No warranty that Services are suitable for commercial use
  • FITNESS FOR PARTICULAR PURPOSE: No warranty Services meet your specific needs
  • NON-INFRINGEMENT: No warranty Services don't violate third-party rights
  • ACCURACY: No warranty that information or AI responses are accurate
  • RELIABILITY: No warranty of consistent performance or availability
  • SECURITY: No warranty that Services are secure or free from vulnerabilities

MAXIMUM LIABILITY LIMITATION

AGGREGATE LIABILITY CAP

MAXIMUM LIABILITY LIMIT:

OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF:

  • FIFTY DOLLARS ($50 USD), OR
  • AMOUNTS PAID BY YOU IN THE 3 MONTHS PRECEDING THE CLAIM

DISPUTE RESOLUTION AND ARBITRATION

MANDATORY BINDING ARBITRATION

ARBITRATION REQUIREMENT:

EXCEPT AS SPECIFIED BELOW, ALL DISPUTES MUST BE RESOLVED THROUGH BINDING ARBITRATION, NOT COURT LITIGATION.

CLASS ACTION WAIVER

INDIVIDUAL CLAIMS ONLY:

YOU AND COMPANY AGREE THAT:

  • No Class Actions: Neither party may participate in class action lawsuits
  • No Representative Actions: No representative proceedings on behalf of others
  • Individual Arbitration Only: Each dispute must be arbitrated individually

GOVERNING LAW AND JURISDICTION

Governing Law

Primary Law: Delaware state law governs these Terms without regard to conflict of law principles.

CONTACT INFORMATION

Legal and Compliance

  • General Legal: legal@swiv
  • DMCA Claims: dmca@swiv
  • Privacy Rights: privacy@swiv
  • Security Issues: security@swiv

FINAL ACKNOWLEDGMENT

CRITICAL WARNINGS SUMMARY:

  • Services are experimental AI technology provided without warranties
  • AI systems are unreliable and should not be used for critical decisions
  • No emergency or crisis intervention capabilities
  • Maximum liability limited to $50 for all claims
  • Mandatory arbitration for most disputes
  • No class actions allowed

BY USING OUR SERVICES, YOU ACKNOWLEDGE:

  • Reading and understanding all Terms
  • Agreeing to binding arbitration and liability limitations
  • Accepting responsibility for consequences of use
  • Understanding AI limitations and risks

Company: Swiv

Effective Date: August 20, 2025

THIS IS A LEGALLY BINDING CONTRACT. USE OF SERVICES CONSTITUTES ACCEPTANCE.