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 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:

Any specific written amendment agreed between Sway and the User
The Organizer Subscription Contract (for page holders 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, 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.

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 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 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 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.

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.

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 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 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 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:

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 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)
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.

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. 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 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. Intellectual Property

13.1 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.

13.2 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.

13.3 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.

14. 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.

15. 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.

16. 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.

17. Governing Law and Dispute Resolution

17.1 Governing law

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

17.2 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.

17.3 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: consumermediation.be.

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

17.4 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.

18. Contact

For any questions regarding these Terms and Conditions:

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