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Terms of Service

Last updated: 31 August 2026 · Version 2026.08.31

These Terms of Service (the "Terms") govern your access to and use of the Swingable platform. They form a legally binding agreement between Entity Promotions LTD, a private limited company registered in Northern Ireland (company number NI721452) whose registered office is at 3 Wellington Park, Belfast, BT9 6DJ, trading as "Swingable" (the "Company", "we", "us", "our"), and you (the "Member", "you"). By creating an account or otherwise accessing the Platform you confirm that you have read, understood and accepted these Terms in full.

Swingable is a regulated user-to-user service for the purposes of the Online Safety Act 2023. Clause 8 explains how we protect users from illegal content, how you can report content, and how you can complain or appeal. Clause 8.8 sets out your statutory right under section 72(1) of that Act to bring a breach-of-contract claim against us.

1

Definitions & interpretation

1.1

In these Terms, capitalised terms have the meanings set out in this clause 1. "Platform" means the Swingable website, mobile applications, associated APIs, and any related products or features offered by the Company from time to time. "Member Account" means the individual login registered by a natural person to access the Platform. "Shared Profile" (also referred to in-product as a Dynamic) means a shared identity that two or more individual Member Accounts may be members of and post as. "Content" means any text, image, video, audio, metadata or other material submitted, uploaded or transmitted by a Member on or through the Platform. "Vault" means the private media library through which all Member photos and videos are uploaded, classified and (where other people appear) approved before publication. "Invite+ Subscription" means the paid tier of the Platform. "Event" means any gathering, party, meet or activity listed on the Platform by an organiser. "Organiser" means a Member or third party listing an Event.

1.2

Interpretation. Clause headings are for convenience only. References to statutes include any amendment or re-enactment. Words in the singular include the plural and vice versa. "Writing" includes email to the addresses on record for each Party.

1.3

Adult-content acknowledgement. The Platform is directed at adults and contains adult-oriented material. By accepting these Terms you warrant that you are at least eighteen (18) years old, of full legal capacity, and resident in a jurisdiction where accessing adult-oriented social services is lawful.

2

Eligibility, age & account registration

2.1

You must be at least eighteen (18) years old to register a Member Account. Deliberate misrepresentation of age is a material breach of these Terms. Where we identify that a person under 18 has accessed the Platform we will terminate the account, delete associated Content, and report the matter to the appropriate authorities where we are required or permitted to do so.

2.2

Age declaration is not age assurance. Confirming your age at registration is a contractual declaration. It is not, by itself, an age- assurance measure and we do not present it as one.

2.3

Photo verification (before member access). Before a normal Member Account is granted member-facing access, you must complete photo verification: a photo of yourself holding a handwritten sign showing your username and the current date. This photo is reviewed by trained human moderators for two purposes together, not one: (a) confirming account authenticity and guarding against impersonation, and (b) age assurance. We apply a Challenge 25 approach — if you appear to the reviewer to be under 25, or the reviewer is not sure, you must additionally submit a government-issued identity document before your account can be approved. We do not claim that this process is Ofcom-certified or approved by any regulator; it is a process we operate ourselves. While verification is pending, you can still reach essential routes such as finishing verification, getting help and reading legal information, but adult-content and member-to-member social features remain unavailable until you are approved.

2.4

Referral requirement. Normal signup requires a valid referral code from an existing Member; any Member may issue referrals. The referral requirement is an access-control and anti-abuse layer intended to reduce fake and low-quality signups. It is not an age-assurance measure and does not itself demonstrate that a referred person is 18 or over.

2.5

Handling of ID images. Where you submit a government-issued identity document as part of verification, the image of that document is deleted once a decision (approval or rejection) has been made. We retain only minimal audit metadata about the decision (such as the outcome and when it was made), not the ID image itself.

2.6

Age assurance required by law. Access to adult content on the Platform may be conditioned on completion of the age-assurance method required by applicable law and regulatory guidance from time to time. The method we use may change, and we may require you to complete a new or different check in order to retain access. Where we do so we will tell you what is required and what data is processed (see the Privacy Policy).

2.7

Accurate information. You warrant that all registration information is accurate, current and complete, that you have the legal capacity to enter into these Terms, and that you will maintain the confidentiality of your account credentials at all times.

2.8

One login per person. Each natural person may hold one Member Account unless the Company expressly agrees otherwise in writing. Where two or more people wish to present a joint identity they should use a Shared Profile (clause 3) rather than sharing a single login.

2.9

Account security. You are responsible for activity carried out under your Member Account. You must notify us immediately at admin@swingable.co.uk on becoming aware of any unauthorised access or use. You are not responsible for unauthorised use that occurs after you have reported it to us and which is not attributable to your own breach of these Terms.

3

Shared Profiles (Dynamics)

3.1

A Shared Profile is a distinct identity on the Platform that more than one individual Member may act through. Each member of a Shared Profile keeps their own separate login and their own individual profile. A Shared Profile is not a shared password and must not be operated by sharing credentials.

3.2

Equal membership. Members of a Shared Profile hold equal rights over it. Each member may post, message and manage the Shared Profile. Members may also display a relationship label (for example partner, husband, wife) which is descriptive only and confers no additional rights.

3.3

Attribution. Actions taken through a Shared Profile are recorded against the individual login that performed them. Where the Platform displays this attribution, it will identify which member acted. You must not attempt to obscure or falsify attribution.

3.4

Responsibility. Each member of a Shared Profile is responsible for their own actions. Where we cannot reasonably determine which member is responsible for Content or conduct, or where the breach is attributable to the Shared Profile as a whole, enforcement may be applied to the Shared Profile and, where justified, to the individual accounts involved.

3.5

Joining and leaving. Joining a Shared Profile requires the invited person's acceptance. Any member may leave a Shared Profile at any time; doing so removes that person's membership of it. Where a Shared Profile can no longer meaningfully operate (for example because too few members remain), it may be archived. Leaving a Shared Profile does not, by itself, delete the Shared Profile or the Content associated with it — Content they contributed may remain associated with the Shared Profile unless it depicts them and they withdraw consent under clause 5, or unless removal is required by law. Deletion of a Shared Profile and its Content is a separate, governed process and is not an automatic consequence of a member leaving.

3.6

Subscriptions. An Invite+ Subscription belongs to the individual human account that purchased it, regardless of which identity is active at any moment. Leaving a Shared Profile does not transfer a subscription.

4

Grant of licence to use the Platform

4.1

Subject to your continued compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for personal, non-commercial purposes.

4.2

Reserved rights. All rights not expressly granted are reserved to the Company. Nothing in these Terms transfers ownership of the Platform, the Swingable brand, or any associated intellectual property to you.

4.3

Availability. We aim to keep the Platform available but do not guarantee uninterrupted service. We may modify, suspend or discontinue parts of the Platform for maintenance, security, legal or commercial reasons. Where a change materially reduces a paid feature you have bought, we will give reasonable notice and your statutory rights and our Refund Policy apply.

5

Your Content, Vault consent, Stories & messaging

5.1

Your ownership. You retain ownership of your Content. You are solely responsible for the Content you post and for ensuring you have all necessary rights and consents to post it.

5.2

Licence to the Company. By submitting Content you grant the Company a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, display and distribute that Content to the extent necessary to operate, secure and support the Platform, including sub-licensing to our hosting, media-delivery and moderation providers for those purposes. We do not use your Content in external advertising without your separate consent. This licence terminates when you remove the Content, except where retention is required by law, for backup or moderation-audit purposes, or where the Content has already been lawfully shared with other Members.

5.3

Vault and tagged-person approval. Photos and videos are uploaded to your private Vault and must be classified accurately (for example "just me", "me and other people", "other people only", "no people"). Where you tag another identifiable person who is a registered Swingable Member, that Member must approve the item before it proceeds to moderation; a decline deletes the item. You must have valid consent from every identifiable person in Content you upload, whether or not they are tagged or are a Member, and you must not misclassify Content to avoid tagging someone or to bypass this consent step. Moderators may reject Content, including Content that has been tagged and approved, where consent is not adequately demonstrated.

5.4

Withdrawing consent. A person depicted in Content may withdraw their approval. On withdrawal we will remove the item from publication. Withdrawal does not oblige us to retrieve copies that others have unlawfully taken off-Platform, though we will support you in reporting such misuse (see clause 11).

5.5

Stories. Stories are ephemeral Content that expires automatically. Expiry is a display feature, not a security guarantee: other Members may still capture what you post.

5.6

Messaging. Direct messages, group chats and event chats are private between participants but are not end-to-end encrypted. We do not routinely browse or monitor private message Content. Authorised staff may access message Content only where necessary to investigate a report or safety concern, to comply with a lawful request, or to respond to an exceptional security or technical incident. Outside of those circumstances, moderation of messaging is driven by user reports, not routine review. Screenshot-deterrent measures in chat are a deterrent only and cannot prevent capture by determined users.

5.7

Live streaming and recordings. Live streaming is currently an admin-operated feature: broadcasts are run by the Company, and ordinary Members cannot start their own live stream. Where you view or otherwise participate in a live stream (for example by appearing on camera or in chat), you and anyone facilitating your appearance must have the informed consent of every identifiable person appearing. Streams and any recording retained for later viewing are Content for the purposes of these Terms and are subject to moderation and reporting.

5.8

Moderation. We operate a mix of automated triage, human review and user reporting. Where we reasonably believe Content breaches these Terms, applicable law, or our Community Guidelines, we may remove, blur, downrank, restrict visibility of, or refuse it. Significant enforcement decisions are subject to human review and to the appeal route in clause 8.7.

5.10

Live Chat. Live Chat is a realtime member room. It is separate from private direct messages, group chats and event chats. When you join a room you normally see only messages sent after your current session begins: there is no member-accessible transcript, history or search of earlier room messages, and messages are not replayed to you if you leave and rejoin. Recent room text is retained temporarily for operational safety and abuse reporting — currently a buffer of approximately fifteen (15) minutes — and expires automatically unless it is preserved in connection with a report or another legitimate safety or legal purpose. Live Chat is not a private or confidential channel and you should not treat it as one.

5.11

Live Chat camera and microphone. Camera and microphone in Live Chat are optional and are off by default; you must switch them on yourself each session. Swingable does not record Live Chat camera or microphone by default and does not turn them into on-demand video. Where media is enabled it is carried directly between Members’ devices (peer‑to‑peer) and is not routed through, processed by or stored by any third‑party media provider; Swingable carries only the short‑lived technical handshake needed to establish that connection. Establishing a direct connection discloses network address information between the connected devices. We may disable camera or microphone across the Platform, or limit how many cameras a Member may watch at once, for safety, capacity or technical reasons. You must not broadcast or record another identifiable person without their consent, and you must not use Live Chat to share another person’s private information, to harass, to facilitate paid sexual services, or to transmit illegal content, non-consensual intimate imagery, synthetic or deepfake intimate imagery, or child sexual abuse material.

5.12

Live Chat moderation controls. To keep the room usable and safe we may apply message cooldowns and rate limiting, remove you from a room, apply a temporary or permanent chat ban, disable camera or microphone, close the room entirely, and preserve a bounded amount of relevant context as moderation evidence where a report is made. Blocking another Member hides their messages and their camera from you. A cooldown or chat ban is specific to Live Chat and is not by itself a Platform-wide suspension. Our staff do not have a general Live Chat transcript browser; preserved report evidence is accessed only where a moderation, safety or legal case authorises it.

5.9

Security watermarking. Media displayed on the Platform may carry visible and non-visible, per-viewer pseudonymous provenance and access records. These are a security control used to investigate leaks of private media and to support reports of non-consensual sharing. We do not publish the implementation or algorithmic details.

6

Member conduct & prohibited activities

6.1

You agree to use the Platform lawfully and respectfully. You must not use the Platform to harass, threaten, defame, stalk, intimidate, discriminate against or incite violence towards any person or group.

6.2

Prohibited Content. You must not upload, transmit or link to: (a) any sexual or nude depiction of a person under 18, or of a person who reasonably appears to be under 18, regardless of any age they or you claim; (b) intimate images or recordings shared without the depicted person's consent, including images that were taken or copied without consent; (c) synthetic, edited or AI-generated intimate imagery purporting to show a real person without that person's consent; (d) unsolicited intimate images sent to a person who has not asked for them; (e) content that infringes any third-party intellectual property or privacy right; (f) content facilitating trafficking, sexual exploitation, coercion, or the sale of sexual services; (g) content encouraging or assisting serious self-harm or suicide; (h) terrorism content; (i) fraud, scams, phishing or malware; or (j) content designed to circumvent security or moderation.

6.3

Consent to record. You must not record, photograph or stream a person without their informed consent, and must not upload intimate content of a person who is asleep, unconscious, intoxicated to the point of incapacity, or otherwise unable to consent.

6.4

Commercial activity. Except where you are a verified Organiser, Advertiser or Ambassador operating under a separate written agreement with the Company, you must not use the Platform to advertise goods or services or to transact commercially. Solicitation of paid sexual services is prohibited.

6.5

Technical abuse. You must not (a) scrape, crawl, or bulk- download any part of the Platform; (b) reverse engineer, decompile or disassemble the Platform; (c) circumvent access controls, rate limits, or moderation systems; or (d) upload material designed to interfere with the Platform's normal operation.

6.6

No scraping, dataset or AI-training use. You must not use the Platform or any Content on it, whether accessed manually or programmatically, to (a) build, train, fine-tune, benchmark, evaluate or ground any artificial- intelligence, machine-learning or large-language model; (b) create a competing service or dataset; or (c) extract, mine or index Content for redistribution. All rights in the compilation, structure and metadata of the Platform are reserved to the Company as database-right holder under the Copyright and Rights in Databases Regulations 1997.

6.7

Financial safety. You must not send money, gifts, crypto- assets or payment credentials to other Members for the purpose of exploitation, solicit the same, or move interactions off-Platform in order to commit romance fraud or sextortion. Such conduct is a material breach and, where appropriate, will be reported to Action Fraud, the NCA or the police.

7

Location features, NFC bands & meet verification

7.1

Nearby. Where you opt in, the Platform may use your device location to show approximate distance to other Members who have also opted in. You can turn this off at any time in your settings. Distances are approximate and must not be relied on for safety-critical purposes.

7.2

Meet Mode. Meet Mode is a short-lived, opt-in mode used to confirm an in-person meeting between Members who choose to use it. It does not verify identity, sobriety, intentions or safety, and does not create any duty of care between the Company and you in respect of an in-person meeting.

7.3

NFC bands and check-in. Where you use a Swingable NFC band, the band carries an identifier linked to your account and may be used to check in at an Event or to complete a meet verification. You are responsible for keeping your band secure and for reporting loss so it can be deactivated. Do not lend your band to another person.

7.4

Verifications. Verifications given by one Member to another are that Member's personal opinion. They are not vouched for by the Company and must not be treated as a safety guarantee.

8

Online safety, reporting, complaints & appeals

8.1

The Company operates a regulated user-to-user service under Part 3 of the Online Safety Act 2023. We maintain risk assessments, content-moderation systems, reporting channels and complaint procedures directed at preventing users encountering illegal content and at removing it swiftly once we are aware of it.

8.2

What we do. Our protections include: rules prohibiting the categories at clause 6.2; consent controls on media through the Vault; in-product reporting on posts, comments, media, messages, profiles and Events; automated triage that prioritises reports for human moderators; trained human review; enforcement ranging from Content removal to permanent ban; blocking, muting and visibility tools for Members; and anti-fraud and multi-account controls including device signals.

8.3

How to report. Any Member can report Content or conduct using the report control shown on posts, comments, media, messages, profiles and Events. People who are not Members, and people affected by Content about them, can report to admin@swingable.co.uk. Please include enough detail for us to find the Content. Reports may be made anonymously to the person reported.

8.4

Tracking a report. Members can see the status of reports they have submitted in My Reports in Settings.

8.5

Child sexual exploitation and abuse. Content that sexually exploits or abuses a child is prohibited absolutely and is removed on discovery, with the account terminated. Where we detect such content and a statutory reporting duty applies to us as a regulated service, we will report it to the National Crime Agency, and we may in addition report to the Internet Watch Foundation or the police. Relevant material and account data are preserved on legal hold in support of that reporting.

8.6

Complaints. Complaints about Content, about a moderation decision, or about how we have handled a report can be sent to admin@swingable.co.uk. We aim to acknowledge within three (3) business days and to respond substantively within fourteen (14) days.

8.7

Appeals. If your Content is removed or restricted, or your account is suspended or banned, you may appeal within thirty (30) days by emailing admin@swingable.co.uk with your username, the action complained of, and your grounds. Appeals are reviewed by a moderator who was not involved in the original decision. We aim to acknowledge within three (3) business days and to reach a decision within fourteen (14) days. If an appeal succeeds we will reinstate the Content or access where it is technically possible to do so.

8.8

Your right to bring a claim (section 72(1), Online Safety Act 2023). These Terms are a contract between you and us. If we remove or restrict your Content, or suspend or ban you from the Platform, in breach of these Terms, you have the right to bring a claim against us for breach of contract. Nothing in these Terms removes that right, and using our internal complaints and appeals routes first is encouraged but not a precondition to it.

8.9

Law-enforcement disclosure. We will preserve and disclose data in response to lawful requests from UK or overseas law enforcement where legally required and, where appropriate, will proactively report serious illegal Content.

9

Subscriptions, Invite+, billing & auto-renewal

9.1

Certain features are available only to holders of an active Invite+ Subscription. Prices, features and included allowances are those displayed on the Platform at the time of purchase.

9.2

Total price. The price shown before you commit to buy is the total amount you will pay for that billing period, inclusive of VAT and of any mandatory fee we charge. We do not add unavoidable charges later in the flow. Where a charge genuinely cannot be calculated in advance, we will show how it is calculated with equal prominence before you pay.

9.3

Billing. Invite+ Subscriptions are billed in advance through our payment processor, Stripe, using the plans configured in our database and displayed on the Platform at the time you subscribe. By starting a subscription you authorise the Company (via Stripe) to charge your chosen payment method at the interval selected.

9.4

Auto-renewal. Invite+ Subscriptions renew automatically at the end of each billing cycle at the then-current price. You may cancel auto-renewal at any time through the Stripe Billing Portal, accessible from your account settings; cancellation takes effect at the end of the current cycle. Cancelling auto-renewal is a commercial setting only. It is separate from, and does not affect, your statutory cancellation rights under consumer law (see the Refund Policy), which you may exercise in addition to, or instead of, cancelling auto-renewal.

9.5

Introductory offer. Where offered, first-time Invite+ members can pay £0.99 for seven (7) days of Invite+. We tell you the length of the offer and the date and amount of the first full charge before you start it. The offer converts automatically to a monthly subscription at £7.50 every 30 days at the end of the seven days unless you cancel it before then. We remind you before it converts. Only one introductory offer per person, household or payment instrument. The £0.99 is not refundable once the offer has started, except where the law requires.

9.6

Failed payments. If a renewal payment fails, we use Stripe Smart Retries to retry the payment automatically over a short period, and we will send you a notification each time a payment fails. While a payment is past due, your access remains active and is only withdrawn once your entitlement expires and the related expiry processing has run. If payment is ultimately not completed, the subscription may be cancelled and Invite+ features withdrawn. We do not charge you a penalty fee for a failed payment.

9.7

Refunds and cancellation. Your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 apply, and our Refund Policy explains how they work for subscriptions, tickets and merchandise. We do not ask you to waive those rights.

9.8

Charitable allocation. Where enabled for a given plan, a 25% charitable allocation applies to qualifying Invite+ Subscription payments and to Founder purchases only, on the basis published at the point of sale. This allocation is configurable per plan and does not apply to merchandise or Event tickets.

10

Events, ticketing, organisers, merchandise & advertising

10.1

Events listed on the Platform are organised by independent Organisers. Unless expressly stated, the Company is not the organiser of, promoter of, or party to any Event.

10.2

Ticket contract. For a third-party Event, your contract for entry is with the Organiser, who is the supplier of that Event. Proceeds from third-party ticket sales are collected into the Company's Stripe account and are settled to the Organiser afterwards through our organiser payout process; they are not paid to the Organiser at the point of sale. In that role, the Company acts as ticketing and payment-collection platform and, where applicable, as disclosed collection agent for the Organiser. Where the Company is clearly identified as the organiser of a specific Event, the Company is the supplier for that Event and this clause 10.2's third-party disclaimer does not apply to it. The Organiser's identity is shown before you purchase, and the total price, including any mandatory booking or processing fee, is shown before you pay.

10.3

Organiser obligations. Organisers must give accurate Event information, honour their published refund policy, comply with venue rules and applicable law, and respond to ticket-holder queries and refund requests promptly. Refunds for third-party Events are processed by the Company on the Organiser's instruction as part of the organiser payout process; Organisers do not have a self-service refund tool. Organisers accept the organiser terms presented to them when they gain access to organiser tools.

10.4

Merchandise. Merchandise sold through the Platform consists of standard, catalogue print-on-demand goods supplied by the Company and produced by our print-on-demand partner, Printful; items are not buyer-personalised. Delivery cost and estimated timing are shown before you pay. Standard distance-selling cancellation and return rights apply, subject to the statutory exceptions (for example for goods made to the consumer's specification or personalised, or which are liable to deteriorate). Your cancellation, returns and faulty-goods rights are set out in the Refund Policy.

10.5

Advertising. The Platform may display advertising. Adverts are the responsibility of the advertiser and are accepted subject to the Advertiser Terms and the UK Advertising Codes. We may reject or remove any advert. Advertiser accounts, including advertiser credits, are governed by the Advertiser Terms; unused advertiser credits are non-refundable and non-transferable.

10.6

Referrals and Ambassadors. Referral rewards and the Ambassador programme are governed by their own published terms, which prevail over these Terms in the event of conflict on their subject matter.

10.7

Clubs and reviews. Club listings represent real venues. Reviews must be honest, based on genuine experience, and must not contain unlawful or abusive content. We may remove reviews that breach these Terms.

10.8

Personal safety and assumption of risk. Attendance at any Event, and any in-person meeting arranged through the Platform, is at your own risk. You must comply with venue rules, applicable law and the Organiser's code of conduct. Consent between attendees must be freely given, informed and revocable at any time. You are responsible for your own decisions about health, contraception, sobriety and personal safety. Nothing in this clause excludes liability for death or personal injury caused by the Company's negligence, or any other liability that cannot lawfully be excluded.

10.9

Force majeure. Neither the Organiser nor the Company will be liable for failure or delay caused by events beyond reasonable control. This does not affect your statutory right to a refund where a service you have paid for is not supplied.

11

Copyright / IP notice-and-takedown & image rights

11.1

The Platform, the "Swingable" name, logos, marks and all software, design, imagery and text produced by the Company are the exclusive property of the Company or its licensors and are protected by copyright, trade-mark, database right and other applicable law.

11.2

Notice-and-takedown (UK). If you believe Content on the Platform infringes your copyright or other intellectual-property right, notify us at admin@swingable.co.uk with: (a) your name and contact details; (b) identification of the work and of the Content complained of, with a link or enough detail to locate it; (c) an explanation of the right you hold and why you believe the use is unauthorised; and (d) a statement that the information is accurate. We will assess the notice and, where appropriate, remove or restrict the Content pending investigation.

11.3

Intimate images and image rights. If Content shows you and was shared without your consent, you do not need to prove copyright. Report it through the in-product report tool or to admin@swingable.co.uk and we will treat it as a priority safety report under clause 8.

11.4

Response by the uploader; abuse of notices. Where Content is removed following a notice, the uploader may respond using the appeal route in clause 8.7. Knowingly false or abusive notices are themselves a breach of these Terms and may be actionable.

11.5

Overseas notices. We accept notices framed under overseas regimes (including the US DMCA) provided they contain the information at clause 11.2. We handle all such notices under UK law.

12

Suspension, restriction & termination

12.1

We may suspend, restrict or terminate your access where we reasonably believe that: (a) you have breached these Terms; (b) your continued access poses a risk to other Members or to the Platform; (c) we are required to act by law; or (d) you have engaged in fraud, chargeback abuse, or misuse of our payment systems. Except where doing so would be unlawful or would create a safety risk, we will tell you what action we have taken and why, and you may appeal under clause 8.7.

12.2

Your right to terminate. You may delete your Member Account at any time from your account settings, or take a break instead. Taking a break pauses your account's access and visible status on the Platform, but it does not pause Stripe billing: if you have an active Invite+ Subscription, it will continue to renew and be charged as normal while your account is on a break, unless you separately cancel auto-renewal. Deleting your account does not by itself entitle you to a refund of subscription fees already paid, but your statutory rights and our Refund Policy continue to apply.

12.3

Consequences of termination. On termination we will delete or anonymise your personal data in accordance with the Privacy Policy, retaining only what is necessary for legal, tax, audit, moderation-history or fraud-prevention purposes.

13

Disclaimers, limitation of liability & indemnity

13.1

The Platform is provided "as is" and "as available". To the fullest extent permitted by law, and without affecting your rights as a consumer under the Consumer Rights Act 2015, the Company excludes implied warranties not required by law.

13.2

Nothing excluded. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of the terms implied by the Consumer Rights Act 2015, your rights under data-protection law, or any other liability that cannot lawfully be excluded or limited.

13.3

Cap on liability. Subject to clause 13.2 and to your statutory rights, the Company's total aggregate liability arising out of or in connection with these Terms is limited to the greater of (a) £100 and (b) the total sums paid by you to the Company in the twelve (12) months preceding the event giving rise to the claim.

13.4

Excluded losses. Subject to clause 13.2, the Company is not liable for losses that were not reasonably foreseeable to both parties when the contract was formed, or for business losses (loss of profit, revenue, goodwill or anticipated savings) where you are using the Platform as a consumer.

13.5

Indemnity. If you use the Platform in the course of a business (including as an Organiser, Advertiser or Ambassador), you will indemnify the Company against losses, damages, costs and reasonable legal fees arising from your breach of these Terms or your unlawful use of the Platform. Where you use the Platform as a consumer, you are liable to us only for loss we suffer that is a foreseeable result of your breach of these Terms or your negligence; no indemnity applies.

14

Complaints & dispute resolution

14.1

If you have a complaint, please email admin@swingable.co.uk. We aim to acknowledge within three (3) business days and to respond substantively within fourteen (14) days. Content and moderation complaints follow clause 8. Data-protection complaints follow the process in the Privacy Policy.

14.2

Escalation. Nothing in this clause prevents you from exercising any statutory right, from complaining to the relevant regulator (Ofcom for online-safety matters, the ICO for data protection, Trading Standards for consumer matters), or from bringing a claim in the courts. We are not currently a member of a specific Alternative Dispute Resolution scheme, but will engage in good faith with any approved ADR body you nominate.

15

Changes to these Terms

15.1

We may amend these Terms from time to time. Material amendments will be notified to you in-app or by email at least fourteen (14) days before they take effect, and each version carries a version number and date at the top of this page. If you do not accept an amendment you may delete your Member Account before it takes effect.

16

Governing law, jurisdiction & general provisions

16.1

Governing law. These Terms and any dispute arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of Northern Ireland.

16.2

Jurisdiction. The courts of Northern Ireland have jurisdiction. Where you are a consumer resident in England and Wales or Scotland, you may also bring proceedings in the courts of your own place of residence, and the mandatory consumer-protection laws of that place continue to apply. The Platform accepts users from outside the United Kingdom and is not restricted to UK residents. Where you access the Platform from another country, nothing in this clause removes any mandatory consumer-protection, data-protection or other legal right, or any right to bring proceedings in your local courts, that applicable law in your country of residence gives you and which cannot lawfully be excluded or contracted out of.

16.3

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. The Company may assign or novate these Terms in connection with a corporate reorganisation, merger or sale of all or substantially all of its business, provided this does not reduce your rights.

16.4

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.

16.5

No waiver. No failure or delay by the Company in exercising any right operates as a waiver of that right.

16.6

Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, Community Guidelines and any product-specific terms (including organiser, advertiser and Ambassador agreements where applicable), constitute the entire agreement between you and the Company. This clause does not exclude liability for fraudulent misrepresentation.

16.7

Third-party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

16.8

Survival. Clauses 5.2 (licence), 6 (prohibited conduct), 11 (intellectual property), 13 (liability), 14 (complaints), 16 (general) and any other clause which by its nature is intended to survive, will continue in force after termination.

16.9

Notices. Formal notices to the Company must be sent to admin@swingable.co.uk and, for service of legal process, to Entity Promotions LTD, 3 Wellington Park, Belfast, BT9 6DJ. Notices to you may be given by in-app message, email to the address on your account, or a prominent notice on the Platform.

16.10

Deceased Members. Where we receive a credible request concerning a Member's death, we may memorialise, restrict or delete the account. We may ask the requester for reasonable evidence to support the request. Each request is reviewed and decided manually, on a case-by-case basis; we do not operate an automated process for this. Account ownership is never transferred to another person, and we do not grant another person access to a deceased Member's private messages.

16.11

Chargeback recovery. Where a chargeback is reversed in the Company's favour, or is found to be invalid, the Company may recover the disputed sum together with any bank fees actually incurred. We do not charge punitive administration fees.

16.12

EU / EEA users. Where you access the Platform from the European Economic Area, our contact point for the purposes of Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act) is admin@swingable.co.uk.

16.13

Data rights and access to your data. We do not currently offer a self-service tool to export your data. If you want to exercise a data-protection right (including a subject access request), or ask a question about the data we hold, contact admin@swingable.co.uk and we will handle it in accordance with the Privacy Policy.

16.14

Device signals and fraud risk. We may retain device fingerprinting and account-linkage signals to help protect the Platform against fraud, multi-accounting and other abuse. An automated risk score based on these signals is never, by itself, the basis for a permanent ban. Permanent enforcement action and any longer-term shadow-restriction of an account are human decisions, made by a moderator reviewing the relevant evidence.

Entity Promotions LTD — a private limited company registered in Northern Ireland, company number NI721452, registered office 3 Wellington Park, Belfast, BT9 6DJ, trading as "Swingable". Contact: Admin@swingable.co.uk.