Sway — Terms of Service

Effective: on the first public release of the Sway iOS app · Version 1.3 Last Updated: August 19, 2026 Operator: Sway ("Sway," "we," "us," "our") is operated by Keveen Delgado, an individual sole proprietor, in Massachusetts. A mailing address is available on request at support@swayos.us. Contact: support@swayos.us

0. The Short Version (not a substitute for the terms below)

You must be 18 or older to use Sway.
Sway shows your friends where you say you're going. You control every post. Nothing is shared unless you tap, and new accounts start invisible (Ghost) until you pick an audience.
Sway is not anonymous. Real names, real accountability. That's deliberate.
Sway does not sell your personal information, and does not share it for cross-context behavioral advertising.
Venues get aggregate patterns, never your personal timeline.
You can delete your account and your history from inside the app, permanently, at any time.
Sway is a coordination tool. We do not verify that anyone is where they say they are, and we do not screen users. Meeting people in the physical world is at your own risk.
If something goes wrong, we try to sort it out directly first. After that, disputes go to the courts in Essex County, Massachusetts (§14). There is no forced arbitration and no class-action waiver.

1. Agreement to These Terms

These Terms of Service ("Terms") are a binding contract between you and Sway governing your access to and use of the Sway mobile application, any Sway website, and all related features (together, the "Service").

By creating an account, tapping "I'm Going" or "I'm Here," or otherwise using the Service, you agree to these Terms and to the Privacy Policy and Community Guidelines, each incorporated by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of a venue, institution, or other organization, a separate written agreement governs that use and controls over these Terms as to that relationship.

2. Eligibility and Age

2.1 Minimum age: 18. You must be at least 18 years old to create a Sway account. Sway is a nightlife-adjacent coordination product operating in and around licensed alcohol-serving venues. We do not knowingly permit anyone under 18 to register, and the Service is not directed to children.

2.2 No under-18 accounts. If we learn that an account belongs to someone under 18, we will terminate it and delete the associated data. If you believe a minor has registered, contact support@swayos.us.

2.3 Campus affiliation. Sway is open to Endicott students right now, so registration is checked against an @mail.endicott.edu address and you confirm the account by clicking a link we email you. Creating an account also requires a phone number, a date of birth, and — if you tell us you are an Endicott student — your six-digit Gull Card number. We do not verify any of those three. We do not text the phone number, we do not check the Gull Card number against any Endicott system, and confirming an email address proves only that you can read that inbox. Nothing here confirms enrollment, identity, age, or good standing, and Sway is not endorsed by, affiliated with, or operated by any college or university unless a written partnership says otherwise.

2.4 Eligibility generally. You must not be barred from using the Service under applicable law, and must not have been previously removed from Sway.

3. Your Account

3.1 Real identity. Sway is non-anonymous by design. You agree to register using your real first and last name and not to impersonate any person, venue, organization, or Sway itself.

3.2 One account. One account per person. No account sharing, selling, transferring, or automated/bulk registration.

3.3 Security. You are responsible for activity under your account and for keeping your login method secure. Notify us at support@swayos.us if you suspect unauthorized access.

3.4 No SMS. Registration asks for a phone number, but Sway sends no text messages of any kind — no verification codes, no notifications, no marketing. There is no SMS provider behind this app and no phone-based login. Account messages reach you by email or by push notification. If that ever changes, we will say so here and ask before the first message.

4. What Sway Is — and What It Is Not

4.1 What it is. Sway lets you tell friends where you're planning to go or where you've arrived, form persistent groups ("Crews"), see aggregate momentum for participating venues, and build a private record of your own participation over time.

4.2 Self-reported, unverified. Presence on Sway is self-reported. When a user taps "I'm Going" or "I'm Here," Sway records that they said so — and it records nothing about anyone's whereabouts that no one tapped. Sway does not verify, and makes no representation, that any person is actually at any location, will arrive, will remain, or is who they claim to be. A venue may have a distance check that can refuse an "I'm Here" tap taken far away, but a tap that passes it is still a statement, not proof. Headcounts, arrival estimates, and Crew status are user statements, not facts, and may be inaccurate, stale, exaggerated, or deliberately false.

4.3 Not a safety service. Sway is not an emergency, safety, security, escort, ride-arranging, or check-on-me service, and must not be relied on as one. Do not use Sway to summon help. Call 911 or campus security.

4.4 Not a background-check service. We do not conduct criminal background checks, identity verification beyond email/phone possession, or any other screening of users. We are not a consumer reporting agency and Sway output is not a consumer report under the FCRA.

4.5 No alcohol, no payments, no rewards. Sway does not sell, serve, deliver, promote the consumption of, or facilitate the purchase of alcohol. Sway does not process payments, hold stored value, or operate a loyalty, points, discount, or rewards program. Presence recognition on Sway is never tied to what you consume, purchase, or spend.

4.6 Availability. The Service is provided on an as-available basis. Features may change, be limited to certain campuses or venues, or be discontinued. Sway may be unavailable due to maintenance, outages, or third-party failures.

5. Your Content and the License You Give Us

5.1 "Your Content" means anything you submit: your name and profile details (including your profile photo and banner, and optional Instagram, Snapchat, or Venmo handles and a contact phone you add for friends), Crew names, venue selections, going/here posts, notes, emoji, and reports you file.

5.2 You keep ownership. You retain all rights you have in Your Content.

5.3 License to operate the Service. You grant Sway a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers only) license to host, store, reproduce, transmit, display, and create technical derivatives of Your Content solely to operate, secure, support, and improve the Service, and to make your posts visible to the audience you selected. This license ends when you delete the content or your account, except for (a) copies retained in routine backups for the period described in the Privacy Policy, (b) content others have separately saved or exported, and (c) de-identified aggregate data that can no longer reasonably be linked to you.

5.4 What this license does NOT include. We do not use Your Content for advertising, do not license it to venues or institutions in identified form, do not sell it, and do not use your name or likeness in marketing without your separate, specific, revocable written permission.

5.5 Your promises. You represent that you have the rights to Your Content, that it does not infringe anyone's rights or violate any law, and that it complies with the Community Guidelines.

5.6 Feedback. If you send us suggestions, we may use them freely without obligation or compensation to you.

6. Rules of Use

You agree not to, and not to help anyone else:

Post presence you know to be false, inflate headcounts, create fake momentum, or otherwise game the participation record;
Track, follow, surveil, stalk, harass, threaten, intimidate, or intentionally locate another person against their wishes using information from Sway;
Re-post, export, screenshot-and-distribute, or otherwise republish another user's location, presence, or Crew membership outside the audience they chose;
Post content that is harassing, hateful, threatening, sexually exploitative, defamatory, or that targets a person on the basis of a protected characteristic;
Use Sway to pressure, coerce, shame, dare, or compete regarding alcohol or drug consumption, or to organize hazing;
Use Sway to arrange the sale or distribution of alcohol to minors or of any controlled substance;
Scrape, crawl, harvest, or bulk-collect data from the Service, or access it by any automated means;
Reverse engineer, decompile, or attempt to derive source code, except where that restriction is unenforceable by law;
Probe, breach, or circumvent authentication, rate limits, ghost mode, or any visibility control;
Upload malware, interfere with the Service's operation, or impose unreasonable load on our infrastructure;
Use the Service for commercial promotion, spam, or solicitation without our written permission;
Use the Service in violation of any law, campus code of conduct, or venue policy.

Violations may result in content removal, feature restriction, suspension, or permanent termination — see §10 and the Community Guidelines.

7. Privacy, Visibility, and Your Controls

7.1 Our handling of personal information is described in the Privacy Policy.

7.2 You start invisible. New accounts begin in Ghost: your going/here posts and your live location go to nobody. In Settings → Privacy you choose an audience — all accepted friends, selected friends, or only when your stage is Out or you are Here. One setting governs both posts and live location; there is no separate live-location switch. Crew surfaces follow the same Ghost / Out gates for identity.

7.3 Ghost mode. You can suppress your presence visibility at any time, and it is where you begin. Ghost mode applies going forward; it does not retract posts already delivered to or seen by others. Ghost also clears any live location share.

7.4 Location. Sway uses when-in-use location for directions, for check-in confirmation, and for finding the places near you when you are picking one. Coarse live location for friends you allow is foreground-only and off until you leave Ghost. Optional Always location is available only for arrival reminders, and it takes two separate opt-ins: you grant Always in Settings, and you switch arrival reminders on for each individual place you want them for. Granting the permission on its own monitors nothing — see the Privacy Policy. A reminder is a nudge, never a check-in: Sway does not log your presence from a geofence, a timer, or anything else you did not tap. After you tap I'm Here, keeping Sway open may refresh a when-in-use fix so the live headcount can drop you if you have clearly left; closing the app for about 25 minutes does the same. That is checkout, not check-in.

7.5 Other people can copy things. Anyone who can see your post can screenshot or describe it. Sway cannot control what other users do with what they see. Do not post presence you would not want repeated.

7.6 Deletion. You can delete your account and participation history from inside the app — Settings → Delete Account. It runs immediately, needs no email to us, and is permanent and not recoverable.

8. Venues, Institutions, and Third Parties

8.1 Venues. Participating venues may appear in the Service and may receive aggregate, de-identified insights about activity at their location as described in the Privacy Policy. Venues do not receive your name, your history, your Crew rosters, or the ability to look you up. If that ever changes, we will rewrite this section and the Privacy Policy and ask for your specific opt-in consent first.

8.2 Sway does not control venues. Venue hours, capacity, admission policies, age requirements, cover charges, safety practices, and conduct are the venue's responsibility. Listing a venue is not an endorsement or a guarantee that you will be admitted or served.

8.3 Institutions. Sway holds no education record. Sway does not integrate with any student information system or learning management system, does not receive rosters, and does not report individual student activity to any college or university. Use of Sway is voluntary and is not a school activity or requirement.

8.4 Third-party services. The Service depends on third parties: Apple (the App Store, push-notification delivery, and the Maps service behind place search and directions), our cloud and database provider, our transactional-email provider, and a places provider used to fill in a venue's photo and hours. What each of them receives is listed in the Privacy Policy. Their terms govern their services, map and place data may be wrong or out of date, and their failures are not within our control.

9. Intellectual Property

The Service, including the Sway name, logo, design, software, and all content other than Your Content, is owned by Sway or its licensors and protected by intellectual property law. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial purposes. All rights not expressly granted are reserved. You may not use our trademarks without written permission.

Copyright complaints. If you believe content on Sway infringes your copyright, send a notice to support@swayos.us including the material you say is infringing, where it appears in Sway, your contact information, and a statement that you have a good-faith belief the use is unauthorized. We review every notice, remove infringing material, and terminate repeat infringers.

10. Suspension and Termination

10.1 By you. Delete your account in the app at any time, for any reason.

10.2 By us. We may suspend or terminate your access, remove content, or restrict features — with notice where practical, and immediately without notice where we reasonably believe it is necessary — if you breach these Terms or the Community Guidelines, if your conduct creates risk to another person, a venue, a campus, or Sway, or if required by law.

10.3 Effect. On termination, your license to use the Service ends. Sections 4, 5.3 (as limited), 5.6, 9, 11, 12, 13, 14, 15, and 17 survive.

10.4 Appeals. If you believe an enforcement action was wrong, write support@swayos.us. We will review and respond within 14 days.

11. Assumption of Risk and Release — Physical-World Interactions

READ THIS SECTION CAREFULLY. IT LIMITS YOUR ABILITY TO RECOVER FROM US.

11.1 Sway helps people decide where to go. What happens when you get there is outside our control.

11.2 You assume the risk of meeting, traveling to meet, gathering with, or otherwise interacting with any person or entering any venue you learned about through Sway, including risks of personal injury, illness, assault, harassment, property loss, alcohol-related harm, transportation, and criminal conduct by others.

11.3 Use judgment. Do not share your presence with people you do not know and trust. Use ghost mode. Tell someone you trust where you actually are. Do not rely on Sway to know whether a place is safe or who is present.

11.4 Release. To the fullest extent permitted by law, you release Sway and its officers, directors, employees, contractors, and agents from claims, demands, damages, and liabilities of every kind arising out of or connected to (a) your interactions with other users, (b) your presence at or conduct in any venue, and (c) the conduct — online or offline — of any other user or third party. This release does not apply to claims arising from our own gross negligence, willful misconduct, or fraud, and does not limit any right you have that cannot be waived under applicable law, including under Mass. Gen. Laws ch. 93A.

11.5 If you are a California resident, you waive Cal. Civ. Code §1542, which reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT PRESENCE, HEADCOUNT, ARRIVAL, VENUE, OR CREW INFORMATION IS ACCURATE, CURRENT, OR TRUTHFUL; OR THAT ANY USER IS WHO THEY CLAIM TO BE.

Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

13.1 SWAY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

13.2 SWAY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID SWAY IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13.3 These limits apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. They do not apply to liability that cannot be limited by law, including gross negligence, willful misconduct, fraud, or death or personal injury caused by our negligence where such limitation is prohibited.

14. Dispute Resolution

14.1 Talk to us first. Before filing anything, you and Sway agree to try to resolve the dispute directly. Send a written notice describing the problem and what you want to support@swayos.us (for Sway, we will write to your account email). Most things get fixed here. If it is not resolved within 60 days, either party may go to court.

14.2 Where disputes go. Disputes are resolved in the state or federal courts located in Essex County, Massachusetts (see §15). Either party may also bring a qualifying claim in small claims court.

14.3 No forced arbitration. These Terms do not require arbitration and do not waive your right to a jury trial or to participate in a class action. If we ever add an arbitration provision, it will apply only to disputes arising after the change, we will give you notice, and you will be able to decline it.

15. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Essex County, Massachusetts. Nothing here deprives you of the protection of mandatory consumer-protection laws of your state of residence.

16. Apple App Store Terms

If you download the app from the Apple App Store, you acknowledge:

These Terms are between you and Sway only, not Apple. Sway, not Apple, is solely responsible for the app and its content.
Apple has no obligation to provide maintenance or support for the app.
If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, legal or regulatory non-compliance, or consumer protection claims.
Apple is not responsible for investigating, defending, or resolving third-party intellectual-property claims relating to the app.
You represent you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and are not on any U.S. Government prohibited-party list.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
You will comply with applicable third-party terms (for example, your wireless carrier's terms).

17. Indemnification

You agree to indemnify and hold harmless Sway and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and reasonable attorneys' fees arising out of (a) Your Content, (b) your use of the Service, (c) your violation of these Terms or the Community Guidelines, (d) your violation of any law or the rights of any third party, or (e) your interactions with any other user or venue. We may assume exclusive defense of any matter subject to indemnification, and you will cooperate.

18. General

18.1 Changes. We may update these Terms. For material changes we will provide at least 14 days' notice by in-app notice or email before they take effect, and will update the "Last Updated" date. Continued use after the effective date means acceptance. If you don't agree, delete your account.

18.2 Entire agreement. These Terms, the Privacy Policy, and the Community Guidelines are the entire agreement between you and Sway regarding the Service.

18.3 Severability. If a provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect.

18.4 No waiver. Our failure to enforce a provision is not a waiver.

18.5 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, subject to the commitments in the Privacy Policy.

18.6 No third-party beneficiaries, except Apple under §16.

18.7 Force majeure. Neither party is liable for delays caused by events beyond reasonable control.

18.8 Notices. To you: in-app or to your account email. To us: support@swayos.us.

18.9 Contact. Questions: support@swayos.us · Safety: support@swayos.us · Privacy: support@swayos.us

Sway · operated by Keveen Delgado · swayos.us