Terms of Service

Last Updated: April 1, 2025

1. Acceptance of Terms

Welcome to the platform owned and operated by The Swipe Company, LLC ("Company," "we," "us," or "our"). By accessing or using our website, marketplace, and any related services (collectively, the "Services"), you ("you," "user," "Creator," "Brand," or "Agency") agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use our Services.

These Terms incorporate any additional policies, guidelines, or instructions that may appear on the Services. By continuing to use the Services, you confirm that you understand and accept these Terms in their entirety.

2. Eligibility

  • Minimum Age: You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to create an account.
  • Legal Capacity: You represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of their provisions.

3. User Accounts

  1. Account Creation: To access certain features of our Services, you may be required to create an account. You must provide accurate, current, and complete information, including a valid email address and any other details we may request.
  2. Profile Types: You may create a Brand profile, a Creator profile, or both. If you hold both profiles, you agree not to engage in self-dealing (e.g., selecting yourself as a Creator for your own Brand) unless you explicitly waive any payout for that transaction.
  3. Account Security: You are responsible for maintaining the confidentiality of your account credentials. Any activity under your account is your responsibility.
  4. Multiple Brands / Agencies: If you are an Agency representing multiple brands, you warrant that you have the authority to do so. You bear sole responsibility for ensuring proper permissions from each Brand you represent.

4. User Responsibilities

  1. Accurate Information: You agree not to misrepresent your identity, age, qualifications, or affiliations. Any false information may result in suspension or termination of your account and potential legal liability.
  2. Compliance with Laws: You must comply with all applicable local, state, national, and international laws and regulations, including (but not limited to) those of the U.S. Federal Trade Commission (FTC), Food and Drug Administration (FDA), Securities and Exchange Commission (SEC), and any equivalent agencies in your jurisdiction.
  3. No Circumvention: Creators may not directly approach or work with Brands discovered through the Services without our explicit written consent. Any attempt to bypass our platform (to avoid fees or payouts) is a violation of these Terms.
  4. Use of Third-Party Services: We may incorporate or rely on third-party services such as OpenAI, Anthropic, ElevenLabs, Replicate, FusionAuth, sievedata, or other AI/logging services. You agree to review and comply with those services' terms of use and policies. We disclaim all liability arising out of or related to any third-party services.

5. Intellectual Property

  1. Creator Content
    • Transfer of Ownership: By uploading or submitting any content ("Content")—including videos, audio, images, text, or other media—you irrevocably transfer all rights, title, and interest to us. You waive any moral rights or other residual claims in such Content.
    • Derivatives: We may create, modify, adapt, or derive new works from your Content ("Derivative Works") and exploit them in the same manner as the original Content. Any Brand that purchases or licenses a Derivative Work from us owns that purchased or licensed version.
    • Marketplace Removal: If a Creator requests removal of original Content from our marketplace, we may remove it at our discretion. However, (i) we retain the right to keep archival copies indefinitely, and (ii) any Brand that has already purchased or licensed that Content or a Derivative Work retains its rights.
    • Advertising & Training: We may use any Content or its Derivatives for our own advertising, marketing, training (including AI model training), or promotional purposes without additional compensation to you.
  2. Company IP: All trademarks, service marks, logos, trade names, and other intellectual property related to the Services are owned by us or our licensors and may not be used without explicit written permission.

6. Payments & Subscriptions

  1. Brands
    • Credit‑Based System: Brands purchase subscription plans (or standalone bundles) that either
      1. include a fixed number of credits ("Credits") per billing cycle—where the cost per Credit ("Credit Value") is calculated by dividing the total price by the number of Credits provided; or
      2. do not specify a credit cap (e.g., "unlimited" or usage‑based plans)—in which case we will publish a specific Credit Value for that plan. The Credit Value we publish for any plan—fixed or unlimited—is the value used when calculating Creator payouts.
    • Promotional Discounts: From time to time, we may offer promotions or discounts on subscription plans (e.g., a percentage off the monthly fee). Unless explicitly stated otherwise, any such promotional discount does not reduce the Credit Value used for calculating Creator payouts.
    • Spending Credits: To acquire or license Creator Content, a Brand spends the required number of Credits specified for that Content type (e.g., 1 Credit per video).
    • Payment Schedule & Renewals: Subscription plans renew automatically unless canceled in accordance with the checkout terms. We generally send a notice prior to renewal. If you do not cancel before the renewal date, you will be charged; no refunds are provided unless otherwise stated in writing.
    • Brand Liability: Brands are fully responsible for the content they generate, script, or commission. Any claims arising from false advertising, health or financial misrepresentations, or other wrongful content remain solely the Brand's responsibility.
  2. Creators
    • Payout Table (Percentage Model): We maintain a Payout Table setting a percentage payout ("Payout Percentage") for each type of Content (e.g., videos, images, audio). Example: if the Payout Percentage for a video is 20% and the Brand's Credit Value is $10/credit, a 1‑Credit video yields a $2 payout to the Creator.
    • Custom Rates: We may offer different Payout Percentages to specific Creators. Any personal rate change applies only to Content uploaded after the change takes effect, and we'll notify you in advance.
    • Locked‑In Rates: The Payout Percentage for a given piece of Content is locked at the time of upload. Future changes do not affect previously uploaded Content.
    • Payout Schedule & Method: You must (i) set up a valid payout method and (ii) choose a payout schedule (e.g., weekly, bi‑weekly, monthly). We disburse funds according to the schedule you select. If you fail to maintain accurate payout details, we are not liable for missed or delayed payments.
    • Taxes: You are solely responsible for reporting and paying any taxes, duties, or other governmental fees associated with payouts you receive. We do not withhold or remit taxes on your behalf unless we are legally required to do so.
    • Right to Withhold / Offset: We may withhold or offset amounts from your future payouts to cover (i) chargebacks, refunds, or disputes attributable to your Content; (ii) amounts you owe us under these Terms; or (iii) any fines, penalties, or legal costs arising from your breach of these Terms.
    • Identity Verification (KYC): You agree to comply with any identity‑verification or "Know Your Customer" (KYC) requests we make. Failure to provide requested documentation within a reasonable time may result in suspended payouts or account termination.
    • Suspension & Investigations: If you are banned or suspended, we may pause payouts pending an investigation. If we determine you violated these Terms (e.g., fraud, misrepresentation), you forfeit pending and future payouts for the violating Content. If only certain Content is implicated, payouts for non‑violating Content may resume.
    • No Additional Compensation: You agree that any future success, revenue, or popularity of your Content does not entitle you to compensation beyond the agreed Payout Percentage, and you will not accept or solicit direct payments from Brands outside the platform.
  3. Changes to Credit or Payout Structures
    • Adjustment Rights: We may modify the Credits required for certain Content types, change Credit pricing for new or existing subscription plans, or alter Payout Percentages.
    • Notice: We will make commercially reasonable efforts to notify Creators of any material changes to Credit pricing or the Payout Table. Your continued use of the Services (including uploading new Content) after notice constitutes acceptance of the revised terms for future uploads and/or transactions.
    • Prior Content: Any Content uploaded before a change's effective date remains governed by the Payout Percentage and Credit Value in effect at the time of upload.

7. Termination

  1. Termination by Company: We reserve the right, at our sole discretion, to suspend or terminate your account at any time if you breach these Terms or engage in activities harmful to the Services or other users.
  2. Termination by User: You may stop using the Services and close your account at any time. However, any Content already uploaded remains subject to our rights under these Terms.
  3. Effect of Termination:
    • Creator Content: Even after termination, we may continue to display or sell any Creator Content already listed. We may also retain archival copies for compliance and record-keeping.
    • Forfeiture of Payouts: If your account is terminated or suspended for violations, you may forfeit your pending or future payouts unless our investigation determines otherwise.
    • No Refunds: Brands under subscription-based services are not entitled to refunds unless otherwise stated in a separate written agreement or required by law.

8. Disclaimers

  1. No Warranty: To the fullest extent allowed by law, the Services are provided "as is" and "as available," without warranties of any kind—express or implied—including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  2. No Professional Advice: Any content (including AI-generated content) featuring medical, legal, financial, or other professional roles is solely for informational or illustrative purposes. We do not warrant or represent that any user, Creator, or content is actually licensed, certified, or qualified in any field. You are responsible for verifying the accuracy of all content you use or rely on.
  3. Third-Party Services & Content: We rely on various third-party services (including AI model providers). We do not guarantee their performance, accuracy, or availability.
  4. User-Generated Content: We do not guarantee the completeness, reliability, or legality of any Content uploaded by Creators or generated by our AI tools on behalf of Brands. Users are solely responsible for verifying the authenticity, accuracy, and legality of any claims made in such Content.

9. Limitation of Liability

  1. Maximum Liability: To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to the use of, or inability to use, the Services is limited to the amount paid to us by you (if any) in the six (6) months preceding the event giving rise to the claim.
  2. No Indirect Damages: In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, goodwill, data, or other intangible losses) resulting from your access to or use of (or inability to use) the Services.
  3. Indemnification: You agree to indemnify, defend, and hold harmless the Company, its officers, employees, and agents from any claims, damages, losses, or liabilities (including legal fees) arising from your misuse, misrepresentation, violation of these Terms, or infringement of any rights.

10. Governing Law & Dispute Resolution

  1. Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of laws principles.
  2. Venue: Any legal suit, action, or proceeding arising out of these Terms shall be instituted exclusively in the state or federal courts located in Wyoming, USA. You waive any objections to such jurisdiction and venue.
  3. Dispute Resolution Process:
    • Payout Disputes: If you believe your payouts have been wrongly withheld or suspended, you must notify us within fourteen (14) days of the suspension to initiate a dispute. We will review the dispute in good faith and communicate our final determination within a reasonable time.
    • Arbitration (Optional Provision): At our sole discretion, we may require that any dispute be resolved by confidential binding arbitration in Wyoming. The decision of the arbitrator shall be final and binding.
  4. Class Action Waiver: To the fullest extent permitted by law, any claim must be brought in the parties' individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding.

11. Changes to These Terms

We may revise these Terms at any time and will provide notice via email or another chosen communication channel (or by posting an update on the Services). Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

12. DMCA / Takedown Policy

If you believe that any Content on our platform infringes your copyright or other intellectual property rights, you may submit a written notification ("DMCA Notice" or similar) by emailing us at support@pumpads.ai. Your notice must include:

  • A description of the work you believe is infringed;
  • The location of the allegedly infringing material on our Services;
  • Your contact information;
  • A statement under penalty of perjury that you have a good faith belief the use of the material is unauthorized; and
  • A statement that the information in the notification is accurate and that you have the authority to act on behalf of the copyright owner.

Upon receiving a valid notice, we will review the claim and respond in accordance with applicable laws. We reserve the right to remove or disable access to allegedly infringing material, terminate accounts of repeat infringers, and pursue other remedies as necessary.

13. General Provisions

  1. Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
  2. No Waiver: Our failure to enforce any right or provision in these Terms does not constitute a waiver of such right or provision.
  3. Entire Agreement: These Terms, along with any referenced policies, constitute the entire agreement between you and us concerning your use of the Services, superseding any prior or contemporaneous agreements.
  4. Assignment: We may assign or transfer our rights and obligations under these Terms at any time without notice or consent. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
  5. Headings: Section headings are for convenience only and have no legal effect or contractual interpretation purpose.

14. Contact Information

If you have any questions, concerns, or feedback regarding these Terms, please contact us at:

The Swipe Company, LLC
Email: support@pumpads.ai

By creating an account or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.