1. Introduction

Please read these Terms of Use (these "Terms") carefully as they govern your access to Swarify's personalized services for streaming music and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Service") and any music, videos, podcasts, or other material that is made available through the Service (the "Content").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. The Service Provided by Us

We provide a personalized service with a rich and varied catalog of music and other content, as well as features and functionalities, all of which are subject to these Terms.

The Service is available for your personal, non-commercial use only.

3. Your Access to the Service

You must be 13 years or older to use the Service. If you are under 18, you must have parental consent.

You are responsible for maintaining the confidentiality of your account and password.

4. Content and Intellectual Property Rights

All Content available on the Service is the property of Swarify or its licensors and is protected by copyright and other intellectual property laws.

You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Swarify or the respective licensors of the Content.

5. Customer Support, Information, Questions and Complaints

For customer support with account-related and payment-related questions, please use the Customer Support resources listed on the About Us section of our website.

If you have any questions concerning the Service or the Terms, please contact our Customer Service.

6. Problems and Disputes

These Terms shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively by the courts located in [Your City/State].

7. About these Terms

We may make changes to these Terms from time to time. When we make material changes to the Terms, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email.

Your continued use of the Service after the changes have been made will constitute your acceptance of the changes.

8. Your rights to access the Swarify Service

Access to the Swarify Services

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to access the Swarify Service for your personal, non-commercial purpose (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Swarify. While accessing the Swarify Service, you may enjoy the Content for your own personal, non-commercial purpose. Except for the Access, Swarify grants no right, title or interest to you in the Content. You agree that you will not redistribute or transfer the Swarify Service or the Content.

The Swarify software applications and the Content are not sold or transferred to you, and Swarify and/or its licensors retain ownership of all copies of the Swarify software applications and Content even after installation on your Devices.

Swarify's Proprietary Rights

The Swarify Service is the property of Swarify. The Content is the property of Swarify or Swarify's licensors. All Swarify trademarks, service marks, trade names, logos, domain names, and any other features of the Swarify brand ("Swarify Brand Features") are the sole property of Swarify or its licensors. These Terms do not grant you any rights to use any Swarify Brand Features whether for commercial or non-commercial use.

You agree to abide by the Swarify User Guidelines and not to access the Swarify Service, or any part thereof in any manner not expressly permitted by these Terms.

9. Payments and Cancellation

Billing

You may purchase a Paid Subscription directly from Swarify or through a third party either by:

• paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
• pre-payment giving you access to the Swarify Service for a specific time period ("Pre-Paid Period").

Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

If you purchase access to a Paid Subscription directly from Swarify, this is offered to you by Swarify India LLP and your transaction for the Paid Subscription is with Swarify India LLP, as a distributor of Swarify AB, and is subject to these Terms. For information on the security of the payment methods available for purchase of a Paid Subscription directly from Swarify and the contact information of these payment providers, please visit their website. If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your access of the Swarify Service in addition to these Terms. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of Swarify for access to a Paid Subscription ("Codes"), you hereby agree to the Swarify Card Terms.

Price and tax changes

Swarify may from time to time change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes (defined above), and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to access the Swarify Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information you provide

Renewal and Cancellation

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Swarify or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Swarify Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Swarify Service.

Withdrawal right

If you sign up for a Trial, you agree that the withdrawal right for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don't cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorise Swarify to automatically charge you the agreed price each month until you cancel the Paid Subscription. For trials less than fourteen (14) days, you expressly consent to us providing you with the paid service immediately after the end of your Trial and that from that point you lose your right of withdrawal.

If you purchase a Paid Subscription with no Trial, you agree you have fourteen (14) days after your purchase to withdraw for any reason and must pay us for the services provided up until the time you tell us that you have changed your mind. You expressly consent to us providing you with the service immediately following your purchase, that you lose your right of withdrawal, and authorise Swarify to charge you automatically each month until you cancel.

10. User Guidelines

We've established guidelines for accessing the Swarify Service, to make sure the Swarify Service stays enjoyable for everyone ("Swarify User Guidelines"). In accessing the Swarify Service, you must comply with the Swarify User Guidelines, as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties.

11. Brand Accounts

If you establish a Swarify account on behalf of a company, organization, entity, or brand (a "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other Swarify terms and conditions incorporated by reference herein), apply to both you and the Brand.

If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable Swarify terms and conditions) and to bind the Brand to these Terms.

A Brand may follow users and create and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.

12. Export Control and Sanctions

Swarify's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.

You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Swarify under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.