Terms & Conditions

1. Introduction

Welcome to Sway. These Terms and Conditions ("Agreement") govern your access to and use of the Sway mobile application, website, and any related services (collectively, the "Platform"). By using Sway, you agree to be bound by this Agreement. If you do not agree, please do not use our Platform.

Sway SRL is a company based in Belgium, under enterprise number BE1037531992, Clos des Colombes 23, 1342 Limelette, Belgium — [email protected].

2. Definitions

Term	Definition
Sway	The Platform and its operator, Sway SRL (BE1037531992).
Platform	The Sway mobile application, website, and related services.
User	Any natural person using the Platform, whether as an Attendee or an Organizer.
Attendee / Client	Any natural person browsing or purchasing Tickets on the Platform for private, non-professional purposes.
Organizer	Any natural or legal person creating, promoting, or managing an Event on the Platform. This includes promoters, artists, venues, and event collectives.
Event	Any public or private event, festival, concert, or gathering listed or managed through the Platform.
Ticket	A digital voucher granting access to an Event, issued electronically.
Service Fees	Fees charged by Sway to the Attendee in exchange for Platform services (payment processing, ticket issuance, support).
Application Fee	The commission retained by Sway from each ticket transaction, deducted at the time of payment via Stripe Connect.
Sale Price	The price of a Ticket set by the Organizer, excluding Service Fees.
Total Price	The amount paid by the Attendee, inclusive of the Sale Price and Service Fees.
Account	The personalized digital environment provided by Sway to registered Users.
Subscription	A paid plan (Starter, Studio, Roster) giving an Organizer access to advanced Platform features.
Crew	A multi-page workspace available on the Studio tier, allowing a group of Organizers (club, collective, artists, venues) to operate under a shared account.

3. Structure of the Agreement

The Agreement between Sway and its Users consists of the following documents, in order of precedence:

Any specific written amendment agreed between Sway and the User
The Organizer Subscription Contract (for Organizers on paid tiers)
These General Terms and Conditions
The Privacy Policy

In the event of a conflict between these documents, the higher-ranked document prevails.

4. User Accounts

4.1 Registration

To access certain features of the Platform (purchasing Tickets, creating Events, managing pages), Users must create an Account. By registering, the User:

Confirms they are of legal age in their jurisdiction or represent a legal entity with the capacity to contract
Agrees to provide accurate, current, and complete information
Agrees to keep their information up to date
Agrees not to create a fake account, impersonate another person, or use misleading information

Account access is strictly personal and may not be transferred to a third party.

4.2 Account security

The User is solely responsible for maintaining the confidentiality of their login credentials and for all activity occurring under their Account. In the event of unauthorized access or suspected compromise, the User must notify Sway immediately at [email protected].

4.3 Suspension and termination by Sway

Sway reserves the right to suspend or terminate any Account at any time if the User breaches any provision of this Agreement, engages in fraudulent or unlawful activity, or causes harm to the Platform or other Users. Termination does not relieve the User of any obligations already incurred.

5. Platform Services

5.1 Description

Sway provides a mobile and web-based platform for discovering, promoting, and managing electronic music events. Services include event discovery, ticketing, email marketing tools, analytics, community features, and AI-powered page analytics.

5.2 Availability

Sway endeavors to make the Platform available 24 hours a day, 7 days a week. However, Sway cannot guarantee uninterrupted availability due to maintenance operations, technical failures, or force majeure. Sway will notify Users of planned maintenance where possible.

5.3 Event ranking

On the Platform feed, events are ranked primarily by: (i) the User's location, (ii) the event date in ascending chronological order, (iii) Sway's recommendation engine (based on the User's past behavior, followed pages, and event characteristics), and (iv) number of tickets sold in the past 24 hours. Some events may be featured in sponsored sections where a commercial agreement with Sway exists; such events are labeled accordingly.

6. Attendees — Ticket Purchases

6.1 How ticketing works

Tickets may be purchased through the Platform's website or mobile application. The Attendee must be logged in or create an Account to complete a purchase. During the purchase process, the Attendee can review the event details and ticket conditions before confirming payment.

6.2 Identification of the seller

Sway acts as a technical intermediary for ticketing. The sale contract for a Ticket is concluded directly between the Attendee and the Organizer of the event. The Organizer is the seller in the commercial and fiscal sense. The Organizer's identity is displayed on the event page and in the Stripe checkout interface.

Payments are processed via Stripe Connect. The Organizer holds a Stripe Connect Express account and is the merchant of record for ticket sales. Sway retains an Application Fee on each transaction as remuneration for its Platform services.

Payment card data is never stored by Sway. It is processed exclusively by Stripe Payments Europe, Ltd., in accordance with Stripe's own terms of service.

6.3 Service Fees

The Total Price displayed at checkout includes the Sale Price set by the Organizer and Service Fees charged by Sway.

Service Fees cover the costs of secure payment processing, ticket issuance (QR codes, email delivery), data security, and Platform maintenance. The applicable fee structure is displayed via the information icon at checkout.

Service Fees are calculated per transaction, not per ticket. Purchasing multiple tickets in a single transaction does not multiply the fixed component of the Service Fee.

Service Fees are non-refundable in all circumstances, including in the event of cancellation or postponement of the Event by the Organizer. In the event of a refund, only the Sale Price is refunded by the Organizer.

Minor additional bank charges may apply for transactions made with payment cards issued outside the European Economic Area. These charges are imposed by banking networks and do not constitute remuneration for Sway.

6.4 Right of withdrawal

In accordance with European consumer law and article VI.73, §1, 12° of the Belgian Code of Economic Law (transposing Directive 2011/83/EU), the purchase of Tickets constitutes the provision of an entertainment service at a specific date. The Attendee does not benefit from the standard 14-day right of withdrawal applicable to distance contracts.

A Ticket cannot be refunded except in the cases described in section 6.5 below.

6.5 Cancellations, postponements, and refunds

If an Event is cancelled or substantively modified by the Organizer (change of date, venue, or principal lineup), the Attendee may request a refund of the Sale Price.

Refunds are initiated and processed by the Organizer from their Stripe Connect account. Sway facilitates the technical process but bears no financial responsibility for the refund. If the Organizer has already withdrawn funds from their Stripe account, they must replenish it to proceed with refunds.

Service Fees are not refunded. Only the Sale Price is reimbursable.

A Client's failure to attend the Event does not constitute grounds for a refund, exchange, or postponement.

If the Attendee experiences difficulty obtaining a refund from the Organizer, they may contact Sway support at [email protected]. Sway will make reasonable efforts to assist but cannot guarantee recovery of funds if the Organizer is unresponsive or insolvent.

6.6 Attendee responsibilities

The Attendee undertakes and warrants:

Not to duplicate, alter, or resell Tickets outside of channels authorized by Sway and the Organizer
To present the Ticket only once at access control; the Organizer will recognize the first person presenting a valid Ticket as the legitimate holder
To provide official identification if required by the Organizer
Not to use fraudulent payment methods; in case of suspicion of fraud, to notify Sway immediately
To comply with the conditions of access to the Event as specified by the Organizer on the event page
To respect applicable laws and regulations regarding the resale of Tickets

Any breach of these obligations may result in cancellation of the Ticket and suspension of the Account, without prejudice to any other remedy available to Sway.

Users may follow artists, venues, promoters, and other Users; express interest in or attendance at events; and interact through the Platform's social features. Each User is responsible for the information they choose to display on their profile and for the interactions they initiate.

Profiles are set to Private by default (visible only to approved followers). Users may switch to a Public profile in their settings.

7.2 Chat and messaging

Sway offers private messaging, group chats, and community discussions. Each User is solely responsible for the content of their messages. Users agree not to send messages that are:

Illegal, hateful, harassing, threatening, or defamatory
Unsolicited commercial communications (spam)
Infringing on the intellectual property rights of a third party

Sway does not access the content of private messages except when required by law or in response to a validated report. Sway reserves the right to delete any message that violates this Agreement and to suspend the Account of the User responsible.

7.3 Blocking

Any User may block another User from their profile. The effect of a block is that the blocked User can no longer view the blocking User's profile or send them messages. Blocking is unilateral. The blocked User is not notified. Unblocking is possible at any time in Account settings.

7.4 Prohibited conduct

While using the Platform, Users must refrain from:

Any behavior that could interrupt, suspend, or prevent the continuity of the Platform
Any breach of the Platform's security or authentication measures
Any intrusion, copying, or misappropriation of the Platform or its infrastructure
Publishing content that is abusive, defamatory, contrary to public decency, infringing on intellectual property rights, infringing on public order or the rights of third parties, hateful, or discriminatory
Automating or mass-sending follow requests, invitations, or social interactions using scripts or bots

7.5 Content moderation

Images uploaded to the Platform (profile pictures, event visuals, page content) are automatically screened by an automated content moderation system. Content found to be illegal or in serious breach of this Agreement may be removed without prior notice. Sway may suspend or terminate the Account of a User who repeatedly uploads prohibited content.

Users may report any content they consider illegal or contrary to this Agreement via the reporting mechanism available on the Platform.

7.6 Location features

GPS (consent-based): certain features (interactive map, proximity search) may request access to your GPS location via your device's permission system. This is optional and can be revoked at any time in your device settings.

IP-based location (automatic): Sway uses your IP address to estimate your approximate country and city in order to display relevant nearby events and venues. You may object to this at any time by contacting [email protected].

8. Organizers — General Provisions

8.1 Eligibility

To create Events and manage pages on the Platform, the Organizer must create an Account and, for paid tiers, enter into the Organizer Subscription Contract. The Organizer must:

Be a natural person over 18 or represent a legal entity with the legal and tax status allowing them to organize Events
Provide accurate registration information including legal name, address, tax status, and valid banking information via Stripe Connect
Hold a valid civil liability insurance covering the risks inherent to the organization of Events
Not be subject to insolvency, receivership, or liquidation proceedings

Sway reserves the right to refuse or suspend any registration that does not comply with these conditions.

8.2 Onboarding requirements

At registration, the Organizer must provide:

Legal name or company name
Address and country of establishment
Tax status: VAT number (validated via VIES) or declaration of VAT exemption
Legal form (individual, sole trader, company)
Banking information via Stripe Connect Express (KYC managed by Stripe)

The Organizer agrees to inform Sway of any change to the above information without delay.

8.3 Organizer responsibilities

The Organizer undertakes and warrants:

Legal compliance: to comply with all legislative and regulatory obligations applicable to the organization of Events, including Sacem/Sabam declarations, municipal authorizations, security obligations, and applicable labor law
Accuracy: not to organize fictitious Events or Events that materially differ from the description provided at the time Tickets are offered for sale
No overselling: not to sell more Tickets than the actual capacity of the Event venue
Refunds: to refund Attendees the Sale Price in the event of cancellation of the Event (see section 8.5)
Tax declarations: to declare revenues generated on the Platform to the relevant tax authorities and to pay all applicable taxes
Content: to hold all necessary intellectual property rights over visuals, texts, and content published on the Platform; not to publish content that is illegal, defamatory, or infringing
No competitive links: not to include links to other ticketing services within Event descriptions or page content on the Platform
AI feature: to provide explicit consent before using the AI-powered page analytics feature, acknowledging that selected page data is transmitted to the Google Gemini API

8.4 Payment model — Stripe Connect Direct Charges

Sway uses the Stripe Connect Direct Charges model. This means:

Checkout sessions are created directly on the Organizer's Stripe Connect Express account
The Organizer is the merchant of record for all ticket sales
Funds arrive directly on the Organizer's Stripe account from the first sale
Sway retains an Application Fee on each transaction
Stripe deducts its processing fees directly from the Organizer's account

The Organizer is solely responsible for the compliance of their Stripe Connect account (KYC, payment limits, Stripe's own terms).

8.5 Cancellations and refunds — Organizer obligations

If an Event is cancelled or substantively modified (change of date, venue, or principal lineup), the Organizer must:

Notify Sway and Attendees without delay
Initiate the refund of the Sale Price to all Attendees from their Stripe Connect account
If funds have already been withdrawn, replenish the Stripe account to the amount necessary to cover all refunds

The refund obligation is personal to the Organizer and cannot be transferred to Sway. Sway facilitates the technical process but bears no financial responsibility for refunds.

Application Fees retained by Sway are non-refundable in the event of cancellation.

8.6 VAT and fiscal responsibilities

Under the Stripe Connect Direct Charges model:

Flow	VAT responsibility	Applicable note
Ticket sale (Organizer to Attendee)	Organizer (merchant of record)	Reduced cultural rate: 6% BE / 5.5% FR (place of performance)
Sway Application Fee (Sway to Organizer)	Sway (B2B service)	Reverse charge if Organizer is VAT-registered in another EU country. Belgian VAT 21% if non-registered.

The Organizer is solely responsible for the collection, declaration, and remittance of VAT on their ticket sales, according to their fiscal status (VAT-registered, VAT-exempt, individual) and the legislation of the country where the Event takes place.

Sway is currently operating under the Belgian VAT exemption regime (art. 56bis Belgian VAT Code, threshold €25,000/year). Sway will register for VAT and activate the OSS regime before reaching this threshold.

8.7 Non-refundable Application Fees

The Application Fee retained by Sway is due as soon as the ticket sale is concluded, regardless of whether the Event is subsequently cancelled, postponed, or if the ticket is later refunded by the Organizer. Application Fees are earned in exchange for services already rendered at the time of the transaction (payment processing, ticket issuance, support).

9. Subscriptions

Subscriptions are available to all page types on the Platform: promoters, artists, artist agencies, and venues.

9.1 Plans and pricing

Sway offers the following subscription plans:

Plan	Price	Scope	Key features
Basic	Free	1 page	Ticketing, 200 email contacts
Starter	€19/page/month (€190/year)	1 page	Advanced tools, email marketing, 1,500 contacts, trial
Studio	€59/Crew/month (€590/year)	5 pages included (max 8)	Crew workspace, white-label, AI analytics, trial
Roster	Custom	Unlimited	Enterprise, dedicated account manager

Studio Extra Page: €12/page/month, capped at 8 pages total (€95/month maximum).

Subscriptions are billed per Crew (Studio) or per page (Starter). Pricing is displayed in EUR. All prices exclude VAT where applicable.

Subscription payments are processed by Stripe (not Stripe Connect). Sway is the merchant of record for subscription billing.

9.2 Free trial

Starter and Studio plans include a 7-day free trial. No payment card is required during the trial. At the end of the trial period, the page holder will be notified and billing will begin automatically unless the subscription is cancelled before the trial ends.

9.3 Billing and renewal

Subscriptions are billed in advance, monthly or annually depending on the plan selected. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.

Annual subscriptions are billed in full at the start of the period.

9.4 Subscription pause

Starter and Studio subscribers may pause their subscription for up to 2 months per year. During a pause, access to paid features is suspended. Billing resumes at the end of the pause period.

9.5 Cancellation

The Organizer may cancel their subscription at any time from the Platform interface. Cancellation takes effect at the end of the current billing period. Access to paid features is maintained until that date.

9.6 Modification of pricing

Sway reserves the right to modify subscription pricing with 30 days' prior notice communicated via the Platform or by email. The Organizer may terminate their subscription before the new pricing takes effect if they do not accept the change.

10. Studio Tier — Advanced Features

10.1 Crew workspace

The Studio plan provides a Crew workspace allowing a club, collective, resident artists, and venues to operate under a shared account. The primary account holder is responsible for all pages and members within the Crew and for their actions on the Platform.

The Crew may include up to 5 pages by default, expandable to a maximum of 8 pages at €12/page/month (capped at €95/month total).

10.2 White-label ticketing

The Studio plan includes a white-label ticketing widget that can be embedded on the Organizer's own website. Use of this widget is authorized solely for the Organizer's own Events. The Organizer may not use the white-label feature to impersonate another ticketing platform or to process sales on behalf of third parties outside the Platform.

10.3 AI-powered page analytics

AI-powered page analytics is available on all subscription tiers. This feature is powered by Google Gemini. When used, selected page data is transmitted to the Google Gemini API. The page holder must provide explicit consent at first use and may disable this feature at any time in their settings. See the Privacy Policy for details on data processing.

10.4 Custom domain

The Studio plan allows the Organizer to associate a custom domain with their page. The Organizer remains the owner of their domain. Sway is not responsible for failures attributable to the Organizer's domain or DNS configuration.

10.5 API access

Studio (and above) plans include API access for integration with third-party tools. Use of the API is limited to the Organizer's own management purposes. Scraping, automated mass data collection, and any abusive use of the API are strictly prohibited and may result in immediate suspension of API access.

11. Sway Verified Badge

Sway may award a Verified badge to artist, venue, and promoter pages to indicate their authenticity and established reputation. The criteria for obtaining the badge are determined by Sway at its sole discretion and may evolve over time. Sway reserves the right to withdraw the badge at any time without prior notice or compensation.

12. Intellectual Property

12.1 Sway's intellectual property

The Platform and all its components — including software, infrastructure, database, text, graphics, logos, and trademarks — are the exclusive property of Sway or its licensors and are protected by applicable intellectual property laws. Users may not reproduce, distribute, modify, or create derivative works from any Platform component without prior written consent from Sway.

12.2 License granted to the User

Sway grants each User a personal, non-exclusive, non-transferable, and revocable license to use the Platform for its intended purpose, for the duration of the Agreement.

12.3 User content

By publishing content on the Platform (event visuals, descriptions, profile images, etc.), the Organizer grants Sway a worldwide, royalty-free license to reproduce and display this content on the Platform and on any digital communication medium for the purpose of promoting the Platform and the Event, for the duration of the Agreement and for 10 years from upload.

The Organizer warrants that they hold all necessary rights over the content they publish and indemnifies Sway against any claim arising from infringement of third-party intellectual property rights.

13. Limitation of Liability

Sway provides the Platform on an "as is" basis as a technical intermediary. Sway shall not be liable for:

Cancellation, modification, or postponement of an Event decided by the Organizer
Failure by the Organizer to refund Attendees, unless caused by a technical failure of the Platform
Loss or theft of a Ticket after delivery
Inaccurate information provided by the User
Any indirect, incidental, or consequential damages resulting from the use of the Platform, except where such liability cannot be excluded by law

Nothing in this Agreement limits Sway's liability for damages caused by intent, gross negligence, or willful misconduct.

14. Data Protection

Your use of the Platform is governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using Sway, you consent to the practices described in our Privacy Policy, available at sway.events/privacy.

15. Modifications to the Agreement

Sway reserves the right to modify this Agreement at any time. Notice of material changes will be provided via the Platform or by email at least 30 days before the changes take effect. Continued use of the Platform after the changes take effect constitutes acceptance of the new terms. If you do not accept the modifications, you may terminate your Account before the changes take effect.

16. Governing Law and Dispute Resolution

16.1 Governing law

This Agreement is governed by and construed in accordance with Belgian law.

16.2 Amicable resolution

In the event of a dispute, both parties agree to attempt to resolve the matter amicably through Sway's support channels before resorting to legal action.

16.3 Consumer mediation

Attendees who are consumers and who have been unable to resolve a dispute with Sway or an Organizer may refer the matter to the Belgian Consumer Mediation Service: consumermediation.be.

The European Commission also provides an online dispute resolution platform: ec.europa.eu/consumers/odr.

16.4 Jurisdiction

Any unresolved disputes shall be submitted to the competent courts in Belgium. For Attendees acting as consumers, the courts of the Attendee's place of residence may also have jurisdiction.

17. Contact

For any questions regarding these Terms and Conditions:

Sway SRL
Enterprise number: BE1037531992
Clos des Colombes 23, 1342 Limelette, Belgium
[email protected]