Legal

Terms & Conditions

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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 a page holder.
Attendee / Client Any natural person browsing or purchasing Tickets on the Platform for private, non-professional purposes.
Page holder Any natural or legal person creating, promoting, or managing a page on the Platform. This includes promoters, artists, artist agencies, 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 page holder, 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 a page holder access to advanced Platform features.
Crew A multi-page workspace available on the Studio tier, allowing a group of page holders (club, collective, artists, venues) to operate under a shared account.
Sway Verified A verification badge awarded by Sway to confirm the authenticity of artist, venue, and promoter pages.
Community Boost A monetization feature allowing Users to support page holders through one-time payments, recurring monthly payments, or experience points (XP).
Experience Points (XP) Gamification currency earned by Users through engagement on the Platform, redeemable for free boosts.

3. Structure of the Agreement

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

  1. Any specific written amendment agreed between Sway and the User
  2. The Organizer Subscription Contract (for page holders on paid tiers)
  3. These General Terms and Conditions
  4. 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.

Additional protections for page holders (business users). Where the User is a page holder acting in a commercial or professional capacity, Regulation (EU) 2019/1150 applies and the following take precedence over the paragraph above:

  • Statement of reasons. Sway will provide, on a durable medium, a statement of the specific reasons for any decision to restrict, suspend or terminate the provision of its services, before or at the time the restriction or suspension takes effect.
  • Notice period for termination. Sway will give at least 30 days' notice before terminating the provision of its services, unless Sway is subject to a legal or regulatory obligation requiring otherwise, exercises a right of termination for an imperative reason under national law, or can demonstrate that the page holder has repeatedly breached this Agreement.
  • Right to clarification. The page holder may seek clarification of the facts and circumstances that led to the decision through the internal complaint-handling process below.
  • Reinstatement. Where a decision is reversed following a complaint, Sway will reinstate the page holder without undue delay.

Internal complaint handling. Page holders may submit complaints about Sway's decisions, technical issues affecting the service, or measures affecting them, to [email protected]. Sway will consider each complaint, respond within a reasonable period, and communicate the outcome in plain and intelligible language.

Mediation. Sway is willing to engage in good faith with mediators to reach an agreement on the out-of-court settlement of disputes with page holders. Contact [email protected] to initiate mediation.

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, AI-powered page analytics, and monetization via Community Boost.

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 page holder of the event. The page holder is the seller in the commercial and fiscal sense. The page holder's identity is displayed on the event page and in the Stripe checkout interface.

Payments are processed via Stripe Connect. The page holder 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 page holder and Service Fees charged by Sway. On the Event page, the price of each Ticket is displayed with the Service Fee included, and the amount of the Service Fee is shown just below it.

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 paid Ticket: 3% of the Ticket's Sale Price, plus €0.30, rounded to the cent. The rate is the same whatever the page holder's plan (Basic, Starter or Studio). A bundle (several admissions sold together, such as a pair or a table) counts as one Ticket: it carries a single Service Fee, calculated on the bundle price. Free Tickets carry no Service Fee.

Where another calculation applies to a page holder (a rate negotiated on the Roster plan, or Service Fees calculated once per order), the exact amount of the Service Fees is, in every case, displayed to the Participant before payment.

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

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 and Belgian consumer law — in particular the exception, in Directive 2011/83/EU and in the Belgian Code of Economic Law transposing it, for services related to leisure activities supplied on a specific date or during a specific period — the purchase of Tickets constitutes the provision of a leisure service on a specific date. The Attendee therefore 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 page holder (change of date, venue, or principal lineup), the Attendee may request a refund of the Sale Price.

Refunds are initiated and processed by the page holder from their Stripe Connect account. Sway facilitates the technical process but bears no financial responsibility for the refund. If the page holder 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. When an order is refunded in full, the tip or donation the Attendee added to it, if any (section 6.7), is refunded as well.

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 page holder, they may contact Sway support at [email protected]. Sway will make reasonable efforts to assist but cannot guarantee recovery of funds if the page holder 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 page holder
  • To present the Ticket only once at access control; the page holder will recognize the first person presenting a valid Ticket as the legitimate holder
  • To provide official identification if required by the page holder
  • 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 page holder 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.

6.7 Tips and donations

Where the page holder has turned it on, the Attendee may add a tip, or a donation when the page holder is a non-profit organisation, to a paid ticket order. It is optional and nothing is preselected: no amount is added unless the Attendee chooses one, within the bounds shown at checkout. It does not change the Tickets, their price or the Service Fees, and no discount code applies to it.

The tip or donation is paid to the page holder, through the same Stripe Connect account as the Tickets, as a separate line of the same payment. Sway takes no commission on it. It is refunded with the Tickets when the order is refunded in full (section 6.5); a refund of some Tickets only does not include it.

A tip or donation does not give rise to a tax receipt from Sway, and is not presented by Sway as tax-deductible. A page holder entitled to issue tax receipts does so itself, under its own responsibility.

7. Attendees — Community and Social Features

7.1 Profile and social interactions

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. When an account is private, other Users must send a follow request that the account holder approves before they can follow and see follower-only content. Users may also control the visibility of individual sections of their profile (such as statistics, attended events, followed pages, followers list, and XP league) on a per-section basis (everyone / followers / nobody).

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.

Each User controls who may message them — everyone, only people they follow, or nobody. Messages from Users they have not approved are placed in a separate message-requests area and generate no notifications until accepted.

7.3 Block, restrict, hide, and mute

Any User may apply the following tools to another User from their profile or settings. Each is unilateral, takes effect without notifying the other User, and can be reversed at any time in Account settings.

  • Block: the blocked User can no longer view the blocking User's profile or send them messages.
  • Restrict: the restricted User's messages are diverted to message requests and their interactions are limited, without the restricted User being told they have been restricted.
  • Hide: the hiding User and the hidden User become mutually invisible in search and listings.
  • Mute: the muting User stops seeing the muted User's content, without affecting the muted User's account or notifying them.

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].

Location sharing (ghost mode): if you enable location sharing, your approximate location may be stored and shown to other Users through nearby and social features. You can turn location sharing off at any time using the in-app toggle ("ghost mode"); turning it off stops sharing and removes the stored location point. See the Privacy Policy for details.

8. Page Holders — General Provisions

8.1 Eligibility

To create Events and manage pages on the Platform, the page holder must create an Account and, for paid tiers, enter into the Page Holder Subscription Contract. The page holder 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 page holder 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 page holder agrees to inform Sway of any change to the above information without delay.

8.3 Page holder responsibilities

The page holder 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 acknowledge, when using the AI-powered page analytics feature, that the question asked and the page data needed to answer it are transmitted to OpenRouter, which routes them to a model host inside the European Union (or to Google Gemini as the fallback), and that the question itself is also sent to TypeSafe, which decides what the assistant should look up

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

The Service Fees paid by the Participant (section 6.3) cover Stripe's processing fees at the standard rate for cards issued in the European Economic Area (EEA). On a payment made with such a card, the page holder therefore receives the Sale Price, and Sway retains as its Application Fee the difference between the Service Fees and that standard rate.

Stripe charges a higher rate on some payments, in particular those made with a premium card, a business (commercial) card or a card issued outside the EEA, those that require a currency conversion, and some payment methods that have their own pricing. This surcharge is set by Stripe, not by Sway: it reflects the higher fees Stripe pays to card networks and issuing banks for these payments. The European cap on interchange fees (Regulation (EU) 2015/751) only covers consumer cards issued and used within the EEA; it does not apply to commercial cards or to cards issued elsewhere. Stripe publishes its current rates on its pricing page.

The difference between the standard rate and the rate Stripe actually charges is borne by the page holder. Stripe deducts it from the page holder's account together with the rest of its processing fees; it is neither passed on to the Participant nor compensated by Sway.

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

8.5 Cancellations and refunds — Page holder obligations

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

  1. Notify Sway and Attendees without delay
  2. Initiate the refund of the Sale Price to all Attendees from their Stripe Connect account
  3. 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 page holder 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 (page holder to Attendee) Page holder (merchant of record) Reduced cultural rate: 6% BE / 5.5% FR (place of performance)
Tip or donation (Attendee to page holder) Page holder Charged on top of the Tickets and kept apart from the Sale Price. Its VAT and tax treatment is for the page holder to determine under its status and applicable law. Sway takes no Application Fee on it.
Sway Application Fee (Sway to page holder) Sway (B2B service) Reverse charge if page holder is VAT-registered in another EU country. Belgian VAT 21% if non-registered.

The page holder 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 page holder. Application Fees are earned in exchange for services already rendered at the time of the transaction (payment processing, ticket issuance, support).

8.8 Tracking pixels

Sway makes available to page holders technical tools to connect their own tracking pixels (Meta Pixel, Google Analytics 4, TikTok Pixel) to their pages on Sway. The page holder remains controller of the data collected via these pixels for their own accounts.

For the processing performed via these pixels on Sway, the page holder and Sway act as joint controllers within the meaning of article 26 GDPR. The respective responsibilities are defined as follows:

  • Sway: provides the technical means for pixel integration, manages user consent via its CMP, ensures that pixels are not triggered without consent
  • Page holder: configures the pixels with their own credentials, declares this processing in their own privacy policy, ensures the lawfulness of the data collected, responds to data subject requests concerning data sent to their accounts

The page holder guarantees having a legal basis and the consents necessary to process the data collected via their pixels, and indemnifies Sway against any claim arising from a breach of this guarantee.

8.9 Promotional contests run by Sway

Sway may from time to time run a promotional contest open to page holders, with a cash prize funded by Sway. Entry is free and is made only from the page holder's own Backstage interface. No purchase, subscription, sale volume or expenditure of any kind is required, and taking part changes nothing in the Application Fees, subscription price or payout terms applicable to the page holder.

The winner is designated by a jury on criteria published before entries open, never by chance. Sway operates no draw, lottery or random selection of any kind in connection with such a contest.

Each contest is governed by a dedicated set of rules published at sway.events/contest-rules, which sets out the organiser, the eligibility conditions, the question asked, the judging criteria, the tie-break mechanism, the prize, the processing of personal data and the complaints procedure. The version of those rules in force when an edition opens governs that edition and is not modified while it is open. In case of contradiction between the present Agreement and those rules, the rules prevail for matters concerning the contest.

For the purposes of Article 7 of Regulation (EU) 2019/1150, Sway states that a contest confers no differentiated treatment on entrants or winners: it grants no ranking, search, visibility, promotional or commercial advantage on the Platform, no preferential access to any functionality, and no modification of the conditions of access to the Platform. The prize is paid outside the ticketing flow, to the connected payout account of the winning page holder, and is unrelated to their sales.

Sway's employees, contractors and their households, and any page holder who does not meet the eligibility conditions published in the rules, may not take part. Sway may cancel or suspend an edition on the terms set out in the rules; such a cancellation is never retroactive for a prize already awarded.

8.10 Tips and donations: page holder obligations

Tips and donations at checkout are off by default. A page holder may turn them on for all its events or for one event. They are available only where the page holder's Stripe Connect account is established in the European Union and the Tickets are sold in euros; Sway may restrict them further.

By turning them on, the page holder:

  • receives the tips and donations as their sole recipient, and does not use the feature to collect funds on behalf of a third party;
  • presents them as a donation only where it is a non-profit organisation pursuing a charitable purpose, as Stripe requires; Sway shows buyers a tip otherwise, based on the page holder's Stripe account;
  • is solely responsible for their VAT, accounting and tax treatment, and for any tax receipt it issues;
  • refunds them with the Tickets when it refunds an order in full, including when an Event is cancelled;
  • does not use the feature if it is a political party, a political group, a candidate for an election or an entity collecting funds for one, whose donations are capped and recorded by law.

Sway may disable tips and donations for a page holder or an Event at any time, in particular in case of suspected fraud or of a breach of this section, without affecting Tickets already sold.

9. Subscriptions

Subscriptions are available to all page holders 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 of annual subscriptions

Annual subscriptions can be cancelled at any time by the page holder via their Sway account. Cancellation takes effect at the end of the current annual billing period. The service remains active until the end of that period. No refund, partial or full, is granted for the remaining months of the period. By choosing an annual plan over a monthly plan, the page holder benefits from a discounted price in exchange for a 12-month commitment.

9.6 Cancellation of monthly subscriptions

The page holder may cancel their monthly 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.

9.7 Modification of pricing

Sway reserves the right to modify subscription pricing with 30 days' prior notice communicated via the Platform or by email. The page holder 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 page holder's own website. Use of this widget is authorized solely for the page holder's own Events. The page holder 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. The answer is produced by an open-weight DeepSeek model run inside the European Union, reached through OpenRouter's EU in-region routing, with Google Gemini as the fallback when that path is unavailable. The question is first sent to TypeSafe, which decides what the assistant should look up and produces no text of its own. The feature runs only when a page holder opens the assistant and sends a message: the question and the page data needed to answer it are then transmitted to those providers. Each request carries a zero-retention and no-training instruction. Artist booking fees and agency names are excluded and never transmitted. A page holder who does not wish to use the feature simply does not open it, and may ask Sway to disable it for their page at any time. See the Privacy Policy for details on data processing.

10.4 Custom domain

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

11.1 Eligibility and verification

Sway may award a Verified badge to artist, venue, and promoter pages to indicate their authenticity and established reputation. The badge is available on all subscription tiers starting from Basic.

To obtain Sway Verified status, the page holder must:

  • Provide complete identification: legal name or company name, VAT number (where applicable), professional or personal status
  • Complete the verification process and accept the verification terms
  • Maintain Sway Verified status, which is a mandatory prerequisite for activating Community Boost monetization

11.2 Verification approval and logging

Sway evaluates Sway Verified applications at its sole discretion. Upon approval, Sway securely logs the verification event with timestamp, IP address, user identifier, and policy version. These logs are retained in accordance with section 9.8.

11.3 Badge withdrawal

Sway reserves the right to withdraw the Verified badge at any time without prior notice or compensation, including if the page holder violates this Agreement or breaches the terms of Community Boost participation.

12. Community Boost

12.1 Description and program nature

The Community Boost allows any User to support an artist, venue, promoter, or event page via a one-time payment, a recurring monthly payment, or experience points. Boost tiers and pricing are defined by Sway and displayed on each page.

Participation in Community Boost as a recipient (page holder) is optional and reserved to page holders who hold valid Sway Verified status and an active Stripe Connect account, subject to Sway's approval at its sole discretion.

12.2 Eligibility and representations

By enabling Community Boost on a page, the page holder represents and warrants that:

  • they have the legal authority to enter into these terms and to receive payments under Community Boost, whether as an individual or on behalf of the legal entity they represent;
  • their participation does not and will not violate any applicable law, regulation, license, permit, or contractual obligation by which they are bound;
  • the information they provide (legal name, VAT number where applicable, fiscal status, banking information via Stripe Connect) is accurate, complete, and up to date at all times;
  • they are not, and will not become, a person or entity subject to economic sanctions or asset-freeze measures imposed by the European Union, the United States, or other competent authorities, and are not owned or controlled by any such person or entity.

The page holder must promptly update their information if it changes and promptly provide Sway with any information reasonably requested to verify compliance. Sway may refuse to enable Community Boost at its sole discretion. If Sway terminates a page holder's participation for violation, fraud, or abuse, the page holder may not re-enrol without Sway's prior written authorisation.

12.3 Payment channels

Web: Processed via Stripe Connect. The page holder is the merchant of record. Sway retains an application fee.

Mobile (iOS/Android): Processed via Apple App Store or Google Play in-app purchase systems. Apple and Google are the merchant of record for these transactions, subject to their own terms. RevenueCat is used as a technical intermediary for in-app purchase management.

12.4 Recurring boosts and buyer authorization

A User who activates a recurring monthly boost authorises Sway to charge the chosen payment method on a recurring basis at the beginning of each billing period, until the User cancels.

The User is responsible for keeping their payment information current and accurate. If payment fails or is rejected, Sway may suspend the recurring boost without notice.

The User may cancel a recurring boost at any time via their Sway account. Cancellation must be made at least 24 hours before the renewal date to avoid being charged for the next period. Cancellation takes effect at the end of the current billing period; the boost remains active until that date.

Sway may modify the price or features of recurring boosts. Material changes will be communicated in advance. Continued use of a recurring boost after a price change takes effect constitutes acceptance of the new price.

12.5 Refunds and right of withdrawal

A Community Boost is a digital service delivered immediately upon completion of the User's payment. The User obtains immediate access and use of the boost.

For Users in the European Union, European Economic Area, or United Kingdom acting as a consumer: you have a statutory right to withdraw from this purchase within 14 days. However, by confirming your purchase of a boost, you expressly consent to the immediate performance of this service and acknowledge that you thereby lose your right of withdrawal. This consent is collected at the moment of boost activation.

Except where otherwise required by mandatory applicable law, boost payments are non-refundable after activation, including in case of subsequent cancellation, termination, or non-conformity of any benefit offered by the boosted page holder.

For recurring monthly boosts, cancellation prevents future charges but does not give rise to a refund of amounts already paid for past or current billing periods.

Experience point (XP) funded boosts are not a purchase: no consumer right of withdrawal and no refund right applies to them.

12.6 Definition of Net Revenue

"Net Revenue" means the gross transaction amount paid by the User, less the following standard deductions:

  • Store commission (mobile only): standard rate of up to 30% of the gross amount
  • In-app purchase management fee (mobile only): standard rate (e.g. RevenueCat)
  • Payment processing fee (web only): Stripe standard rate, currently 1.4% + €0.25 per transaction for EEA cards, higher for non-EEA cards
  • Applicable VAT or taxes
  • Refunds and chargebacks attributable to the period

These deductions represent standard market reference rates and do not necessarily reflect the actual costs incurred by Sway, which may be lower. The page holder's share is calculated on Net Revenue, not on gross amount.

For transparency, indicative third-party rates as of 29/05/2026: store commission 15 to 30%, in-app purchase management 1%, Stripe EEA cards 1.4% + €0.25. These are provided for information only and may change; the standard reference rates above govern the calculation.

12.7 Revenue split

After application of deductions in section 12.6, Net Revenue is split as follows:

  • Page holder: 50%
  • Sway: 50%

On web transactions, the page holder receives a higher effective amount than on mobile transactions at the same price, due to the absence of store commission and in-app purchase management fees.

12.8 Free boosts via experience points

Sway operates a gamified experience system. Users earn experience points (XP) through engagement on the Platform. Accumulated XP can be redeemed to activate a Tier 1 (Supporter) boost on a page, at no monetary cost to the User.

XP-funded boosts are a platform-funded benefit, not a purchase. They do not constitute a consumer transaction, do not give rise to any consumer right, and are non-refundable and non-withdrawable.

For XP-funded boosts, no real-money transaction occurs. Instead, Sway pays the eligible page holder a fixed contribution equal to 30% of the gross face value (VAT included) of the equivalent paid Tier 1 boost. For a Tier 1 boost priced at €2.99 (VAT included) in Belgium, this contribution is approximately €0.90 per XP-funded boost.

This contribution is paid only to compliant page holders (Sway Verified status, active Stripe Connect account, valid tax identification). If the page holder is not compliant at the time the XP boost is received, no contribution accrues and no retroactive payment is made for boosts received before compliance.

Contributions constitute taxable income and are subject to section 12.12 (Tax responsibility).

12.9 Wallet and pending balances

Page holders can view pending and available balances in their Sway wallet. Pending balances are displayed separately by origin:

  • Pending iOS: subject to Apple's settlement timeline (approximately 75 days)
  • Pending Android: subject to Google's settlement timeline
  • Pending web: subject to Stripe's standard settlement timeline

Estimated availability dates are displayed for each pending amount. Wallet amounts are provided for information only and may not reflect final calculations; they are subject to adjustments for refunds, chargebacks, fraud reversals, and offsets as set out in these terms.

12.10 Payouts and recoupment

Payouts are processed monthly for all amounts that have cleared the pending period and applicable chargeback window. Minimum payout threshold: €50. Payouts are initiated 30 to 45 days after the end of the month in which boosts were received, to absorb potential refunds and chargebacks. Stripe payout fees do not apply. The page holder is responsible for maintaining accurate banking information via Stripe Connect.

Recoupment and offset. If a refund, chargeback, fraud reversal, or any other adjustment occurs after a payout has been disbursed, or if Sway has made any excess payment for any reason, Sway reserves the right to recover the corresponding amount by offsetting it against the page holder's current and future balances, or against any other amounts owed by Sway to the page holder. If available balances are insufficient, Sway may recover the amount by direct invoicing.

Sway may withhold or suspend payouts pending investigation of suspected violation of these terms, pending fiscal documentation requirements, or pending a Stripe Connect account review.

12.11 Non-compliant page holders

If a page holder has not completed Stripe Connect onboarding, has not provided their tax identification number on Sway, or does not hold Sway Verified status, boost payments and XP-funded boosts are still accepted from Users. The User is notified that the page holder is not yet set up to receive payouts, and that Sway retains the full amount until the page holder becomes compliant.

Revenue accrual begins on the date the page holder achieves full compliance. No retroactive payment is made for any boost received before that date. Amounts received during the non-compliant period are retained by Sway.

12.12 Tax responsibility and information

The page holder is solely responsible for declaring and paying any taxes and social contributions on boost revenues according to their fiscal status and applicable law. Sway recommends consulting an accountant before activating monetization.

Payouts are conditioned on the page holder providing the tax information Sway requires, including country of tax residence and VAT identification number where applicable. Until this information is provided, no payout is made and amounts remain in pending balance.

Sway may deduct or withhold any taxes it is legally required to withhold from amounts payable. If the required tax information is not provided within 180 days of an amount becoming otherwise payable, that amount may be forfeited on a rolling month-by-month basis.

Sway applies DAC7 reporting obligations (EU Directive 2021/514) and transmits required transaction information to competent tax authorities where applicable.

12.13 Fraud and prohibited conduct

Page holders and Users must not engage in, encourage, or facilitate any of the following:

  • generating, artificially inflating, or manipulating boost counts, XP counts, follower counts, engagement metrics, or any other platform signal;
  • self-boosting via accounts they own, operate, or coordinate, or via family members, friends, or third parties acting on their behalf;
  • using bots, scripts, automated tools, emulators, or any automated means to interact with Community Boost or to earn XP;
  • colluding with other Users or page holders to farm XP or to manipulate XP redemptions;
  • carrying out fraudulent transactions, including the use of stolen, unauthorised, or disputed payment methods;
  • any other conduct intended to manipulate Community Boost or to extract value from it without legitimate engagement.

In case of suspected violation, Sway may, at its sole discretion and without prior notice: cancel or reverse XP balances and boosts; withhold or recover (including by clawback/offset against current or future balances) any accrued amounts; suspend payouts pending investigation; suspend or terminate the page holder's participation in Community Boost; and report to competent authorities where applicable.

Sway reserves the right to withhold amounts otherwise payable in connection with a violation, whether or not such amounts are directly related to the violation. This section survives termination.

12.14 Modification and discontinuation of the program

Sway reserves the right to add, remove, amend, or update any element of Community Boost at its sole discretion, including boost tiers, pricing, the revenue share percentage, deductions defined in section 12.6, the XP contribution amount in section 12.8, payout thresholds and timelines, eligibility criteria, and any feature. Sway may also suspend or discontinue Community Boost entirely.

Sway will provide reasonable prior notice of material adverse changes, by email, through the Sway service, or via the wallet interface. Changes are not retroactive; amounts properly accrued under prior terms remain payable subject to applicable thresholds, fiscal information, and offset rights.

If a change is unacceptable, the page holder's sole remedy is to terminate participation in Community Boost. Continued participation 30 days or more after notice of a material change constitutes binding acceptance.

12.15 Suspension and termination of monetization status

Either party may terminate the page holder's participation in Community Boost at any time with 30 days' prior written notice (by email or through the Sway service). Termination of Community Boost participation does not by itself terminate the page holder's underlying Sway account or page.

Sway may suspend or terminate the page holder's participation immediately, with notice but without the 30-day period, in any of the following cases:

  • material violation of these Terms or of the general Terms of Service;
  • confirmed or suspected fraud or prohibited conduct under section 12.13;
  • the page holder becomes subject to sanctions or is a Sanctioned Person;
  • revocation or loss of Sway Verified status;
  • closure or restriction of the page holder's Stripe Connect account;
  • failure to provide required fiscal information after notice.

Upon termination, amounts properly accrued to a compliant page holder before the effective date of termination remain payable, subject to payout thresholds, fiscal information requirements, and recoupment rights in section 12.10.

The following sections survive termination: 12.10 (Payouts and recoupment), 12.12 (Tax responsibility), 12.13 (Fraud and prohibited conduct), 12.16 (Disclaimers), 12.17 (Dormant balances), and any other provision intended to survive.

12.16 No guarantee; disclaimers and liability

Sway makes no representation, warranty, or commitment as to the amount of boost revenue, number of boosts, or any monetary or engagement outcome a page holder may receive through Community Boost. Sway is not liable for any decision or commitment undertaken in reliance on expected boost revenue.

Community Boost is provided on an "as is" and "as available" basis. The disclaimers, indemnification, and limitation of liability provisions set out elsewhere in these Terms apply to participation in Community Boost.

12.17 Dormant balances

If a page holder's Sway account has no logged-in activity for two (2) years or more, and the page holder has accrued amounts under Community Boost that have not been claimed, Sway may treat such amounts in accordance with applicable Belgian law on prescription of monetary claims and unclaimed property. The page holder remains responsible for keeping contact and payout information up to date.

Sway securely logs the following consent and authorization events with timestamp, IP address, user identifier, and policy version:

  • Page creation: declaration that the user is an authorized representative of the page subject (artist, venue, promoter, event)
  • Sway Verified validation: confirmation of identification data
  • Community Boost activation: confirmation of fiscal status and acceptance of payout conditions
  • Boost purchase by a User: consent to immediate performance and terms acceptance
  • Cookie consent: via the cookie consent platform (CMP)

These logs are retained for the duration of the contractual relationship plus 10 years, in accordance with Belgian accounting and tax law.

13. Ambassador Programmes

13.1 Description and nature of the programme

An Ambassador Programme lets a page holder recruit members of their own
community to promote their Events. Each ambassador receives a personal promotional
code carrying their name, valid on the Events the page holder opens it on, at a
discount the page holder sets per Event.

A page holder may also enable Credits: a closed-loop points scheme in which an
ambassador accrues credits on qualifying sales made through their code and
exchanges them for rewards the page holder publishes.

The programme is the page holder's, not Sway's. Sway supplies the tooling and
keeps the record. The page holder decides who may join, what a sale earns, what
rewards exist, and — decisively — the page holder alone owes and delivers every
reward. Sway is not a party to the relationship between a page holder and their
ambassadors, does not buy, hold, sell or deliver any reward, and gives no
undertaking that a reward will be honoured.

13.2 Eligibility and registration

Ambassador registration is open to natural persons aged 18 or over. Registration
requires a first name, a last name and a mobile telephone number; an email address
is optional. A Sway account is not required.

One telephone number may register once per programme. Registering a second time
returns the existing code rather than creating a second ambassador.

An ambassador may be asked to be approved by the page holder before their code
becomes active, where the page holder has enabled that option.

13.3 Personal codes and discounts

A personal code carries no discount of its own. The discount that applies is the
one the page holder sets for each Event, and it may differ between Events or
be absent entirely where the page holder has not opened that Event to the
programme.

A page holder may change the discount on an Event, and may suspend an
ambassador's code at any time. A suspended code stops working immediately.

13.4 How credits are earned

Where credits are enabled, an ambassador accrues credits when an order placed
through their code is paid. The page holder sets the rates, which may combine
an amount per order, an amount per ticket, and an amount per unit of order value,
and may set a minimum order value below which an order earns nothing.

A free order earns no credits, regardless of the rates set.

Credits are recorded as a ledger of individual entries. An ambassador may read
their own balance and every entry that produced it on their ambassador page.

13.5 Credits have no monetary value

Credits are not money, not electronic money, not a payment instrument, not a
security, and not stored value. Specifically, and without limitation:

  • credits cannot be purchased, and no payment of any kind creates credits;
  • credits cannot be exchanged, refunded or redeemed for cash or for any
    monetary equivalent, in whole or in part;
  • credits cannot be transferred, sold, gifted or assigned between
    ambassadors or to any third party, and cannot be inherited;
  • credits are redeemable only with the page holder who issued them, and only
    for the rewards that page holder chooses to make available;
  • credits confer no ownership interest, no claim against Sway, and no right to
    any specific reward.

A credit balance is a record of participation in a page holder's programme. It is
not an asset of the ambassador.

13.6 Rewards and claims

A page holder may publish rewards and set, for each, its cost in credits, the
quantity available, how many one ambassador may claim, and the period during
which it may be claimed.

Claiming a reward debits the credits at the moment of the claim and produces a
claim reference. The page holder is responsible for delivering the reward. A
page holder may cancel a claim, in which case the credits are returned to the
ambassador and the item returns to stock; a claim marked as delivered does
neither.

Sway does not arbitrate disputes between an ambassador and a page holder about
whether a reward was delivered or was as described.

13.7 Refunds, cancellations and adjustments

Where an order that earned credits is subsequently refunded, in whole or in part,
the credits earned on it are adjusted to reflect what remains of the order. A
fully refunded order earns nothing.

Where the credits concerned have already been spent, the resulting balance may be
negative. A negative balance is not a debt: nothing is claimed back from the
ambassador, no already-delivered reward is recovered, and the balance simply
offsets against future earnings until it returns to zero.

13.8 Adjustments by the page holder

A page holder may add or remove credits manually, and must state a reason, which
the ambassador can read on their own page.

13.9 Fraud and prohibited conduct

The following are prohibited and may result in the immediate suspension of an
ambassador, the cancellation of their credits and pending claims, and where
applicable the measures in section 4.3:

  • registering under a false identity, or registering multiple times using
    different telephone numbers;
  • creating, or arranging the creation of, orders that are cancelled, refunded or
    charged back for the purpose of accruing credits;
  • any automated, artificial or collusive scheme intended to generate credits
    that do not correspond to genuine sales;
  • publishing a personal code on a public discount or coupon aggregator where the
    page holder's programme terms forbid it.

Using one's own code for one's own purchase is not prohibited by these Terms.
A page holder who wishes to restrict it must say so in their own programme terms.

13.10 Modification and discontinuation of a programme

A page holder may modify the rates, the rewards, the discounts and the rules of
their programme at any time, and may end the programme entirely. A change to the
rates applies to sales made after it; it does not retroactively alter credits
already accrued.

Sway may modify or discontinue the ambassador functionality with reasonable
notice where circumstances permit. Credits do not expire under these Terms; a
page holder who ends their programme should give their ambassadors a reasonable
opportunity to claim outstanding rewards.

13.11 Tax

Where a reward received by an ambassador constitutes taxable income or a taxable
benefit under the law applicable to them, declaring and paying any tax due is the
responsibility of the ambassador, and any withholding or reporting obligation is
the responsibility of the page holder. Sway makes no assessment on either point.

13.12 Communications and unsubscribing

Where an ambassador provides an email address, the page holder may send them
messages about the programme, such as the publication of a new reward. Every such
message carries a one-click unsubscribe link that requires no account.
Unsubscribing stops the messages and affects neither the ambassador's code nor
their credits.

Providing an email address to a page holder for the purposes of the programme is
not, and is not treated as, a subscription to that page holder's marketing
communications.

13.13 No guarantee; disclaimers

Sway gives no guarantee as to the number of sales an ambassador will generate,
the credits they will accrue, the availability of any reward, or the conduct of
any page holder. To the fullest extent permitted by law, and without prejudice to
section 17, Sway's liability in connection with an ambassador programme is
limited to making the record of credits and claims available to the parties.

14. Shop Sellers

14.1 Description

The Shop lets a promoter, artist or venue page on the Starter plan or above
sell physical goods ("Merchandise") from its page, from the Events it is paid
for, and through the page holder's own website connected to the Sway API. While
the Shop is in beta, Sway opens it page by page and may decline or delay access.

14.2 The page holder is the seller

Each sale of Merchandise is a contract between the buyer and the page holder
that sells it. Sway provides the technical platform and processes the payment
on the page holder's Stripe account (Stripe Connect direct charges, see section
8.4); Sway is not a party to the sale, does not own, hold or ship the goods, and
does not act as the seller's agent towards buyers.

14.3 Seller information and trader status

Before a shop can open, the page holder must:

  • provide the legal identity and tax information requested in the Payouts tab of
    the page, which Sway also uses for its reporting obligations under Council
    Directive (EU) 2021/514 (DAC7);
  • give a contact email address and a postal address at which buyers can reach
    them; a natural person must give an address other than a home address if they
    do not want the latter shown;
  • state whether they sell as a trader, and accept these terms;
  • hold a Stripe account registered in a Member State of the European Union.

The page holder warrants that this information is accurate and keeps it up to
date. Sway shows buyers the seller's name, address, company number where there is
one, contact email and VAT status before any purchase.

14.4 Products

The page holder is solely responsible for the Merchandise they list: its
conformity with its description, its safety and labelling, the information
required by Regulation (EU) 2023/988 on general product safety (the manufacturer
and, where the manufacturer is established outside the EU, the responsible person
in the EU, and the safety information), the intellectual property rights in it,
and its lawfulness. Prices are shown including VAT, unless the seller applies a
VAT exemption scheme, in which case this is stated.

It is prohibited to sell through the Shop: weapons, ammunition and explosives;
drugs, medicines and tobacco or nicotine products; alcoholic beverages; counterfeit
goods or goods infringing third-party rights; recalled or dangerous products;
tickets or access rights of any kind; gift cards or stored value; and any goods
whose sale is prohibited or restricted in the country of the seller or of the
buyer.

14.5 Fulfilment

The page holder prepares and delivers each order within the time shown to the
buyer, marks it shipped or handed over in the admin, and provides a tracking
number where the carrier offers one. Goods travel at the seller's risk until the
buyer takes possession of them. For a pickup, the seller hands the goods over on
presentation of the order's pickup code.

Where the buyer is a consumer and the seller is a trader, the seller honours the
consumer's right to withdraw from the contract within 14 days of receiving the
goods, without giving reasons, save for the exceptions provided by law (for
example goods made to the buyer's specifications or clearly personalised, and
sealed goods unsuitable for return for health protection or hygiene reasons once
unsealed). The seller refunds all sums due, including the initial standard
delivery costs where the whole order is withdrawn, within 14 days of the
withdrawal, and may withhold the refund until the goods have been received back
or the buyer has supplied evidence of having sent them back.

Buyers withdraw with the withdrawal function on their order page; the seller is
told by email and settles each withdrawal in the admin. The seller also provides
the legal guarantee of conformity owed to consumers.

14.7 Fees

Sway charges a commission on each sale, taken as an application fee on the
payment:

  • Starter: 4 % of the products after discount;
  • Studio: 3 % of the products after discount;
  • Roster: the rate agreed with Sway.

Delivery charges are never subject to the commission. Stripe's processing fees
are borne by the page holder. When an order is refunded in whole or in part, the
commission is refunded in proportion to the amount refunded; Stripe does not
return its processing fees.

14.8 Taxes

The page holder is solely responsible for determining, collecting and paying any
VAT and other taxes on their sales, and for the invoices their status requires.
Sway reports information about sellers and their sales to the competent tax
authorities where the law requires it (DAC7).

14.9 Buyers' personal data

The page holder receives the buyer's name, email address, telephone number and
delivery address for the sole purpose of fulfilling the order, and acts as the
controller of that data. Every buyer is added to the page holder's contacts; only
those who ticked the marketing box in the cart are subscribed, and the others may
not be sent marketing messages.

14.10 Suspension

Sway may remove a listing, close a shop or suspend a page holder's access to the
Shop, in particular where a product is prohibited or unsafe, where the seller
information is inaccurate or missing, on repeated complaints from buyers, or on
suspicion of fraud. Sway informs the page holder of the decision and of its
reasons. Orders already paid remain the page holder's to fulfil or refund.

15. Shop Buyers

15.1 Who you buy from

Merchandise is sold by the page holder shown on the product page and at checkout,
not by Sway. The seller's name, address, company number where there is one, and
contact email are shown before you pay. Questions about an order go to the seller
at that address.

15.2 Prices and payment

Prices include VAT, unless the seller states that it applies a VAT exemption
scheme. Delivery costs are shown before you pay. You pay on Stripe's hosted
checkout; Sway adds no service fee to Merchandise. Tickets and Merchandise are
always paid separately.

15.3 Delivery and pickup

The seller delivers within the time shown for the delivery option you chose, or
hands your order over at the pickup point you chose on presentation of your pickup
code. Your order page shows the status of your order, and the tracking link when
there is one.

15.4 Right of withdrawal

If you buy as a consumer from a seller acting as a trader, you may withdraw from
the contract within 14 days of receiving the goods (or the last of them),
without giving reasons, except for the goods excluded by law, such as goods made
to your specifications or clearly personalised, and sealed goods unsealed after
delivery that cannot be returned for health protection or hygiene reasons.

To withdraw, use the withdrawal button on your order page, or tell the seller
clearly at the contact address shown. You then send the goods back to the return
address shown, within 14 days; the cost of returning them is borne by you unless
the seller has said it pays it. The seller refunds you within 14 days of your
withdrawal, including the standard delivery costs if you withdraw from the whole
order, and may wait until it has received the goods or proof that you sent them.

The seller is liable to consumers for any lack of conformity of the goods under
the legal guarantee of conformity.

15.6 News from the seller

Ticking the box in the cart lets the seller send you news. You can unsubscribe at
any time from any message you receive.

16. Intellectual Property

16.1 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.

16.2 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.

16.3 User content

By publishing content on the Platform (event visuals, descriptions, profile images, etc.), the page holder 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 page holder 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.

17. 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 page holder
  • Failure by the page holder 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.

18. 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.

19. 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 15 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.

20. Governing Law and Dispute Resolution

20.1 Governing law

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

20.2 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.

20.3 Consumer mediation

Attendees who are consumers and who have been unable to resolve a dispute with Sway or a page holder may refer the matter to the Belgian Consumer Mediation Service (Service de Médiation pour le Consommateur / Consumentenombudsdienst):

  • Website: consumerombudsman.be
  • Address: Boulevard du Roi Albert II 8 bte 1, 1000 Brussels, Belgium
  • Email: [email protected]

Consumers resident in another EU Member State may also contact their national consumer mediation body or the European Consumer Centre Belgium (eccbelgium.be).

20.4 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.

21. Contact

For any questions regarding these Terms and Conditions:

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