Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS IT IS A BINDING CONTRACT. The Terms of Service apply to the use of the Swirl Services (“We”, the "Service" or “Swirl”), and constitute a contract between you and the company Brilho AB brand name of Swirl (referred to as "Swirl"). These terms govern your access to and use of the Swirl services, and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service (collectively referred to as "Content"). Parts of the Service may display Content that is not created by Swirl (“User Content”). The sole responsibility of such User content is on the person or entity that has made it available. When "Content" is used in this document, it refers to both content provided by Swirl and User Content collectively, unless otherwise specified.

 

By using Swirl you agree to these Terms of service, the Privacy Policy and the Cookie policy (collectively referred to as "Terms"). Please read them carefully, you cannot use Swirl if you do not agree with them.

1. Swirl services

The Creator - You who are using the Swirl services to record and share User Content.

The Supporter - You who seek to consume above mentioned content by donating to a Creator or have signed up as a user.

 

Swirl does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Creator services. Creators alone are responsible for their content. Swirl is not and does not become a party to or other participant in any contractual relationship between Creators and Supporters. Swirl is not acting as an agent in any capacity for any Creator, except for collecting Services fees, as described in section 7.
 

While we may help facilitate the resolution of disputes, Swirl has no control over and does not guarantee (i) the truth or accuracy of any Livestream descriptions, Ratings, Reviews, or other Creator Content, or (ii) the performance or conduct of any Creator or third party. Swirl does not endorse any Creator or Creator Services.

2. Privacy policy

Your privacy is important to Swirl. Please read our Privacy Policy to learn how we collect, store, protect and disclose your personal information.

3. Age limitation and use of Swirl by blocked persons

The Swirl services are not available for persons under the age of 18 year old. 

 

Swirl is not available for anyone who has previously been removed from the Services by Swirl. 

 

BY USING SWIRL YOU AFFIRM THAT YOU ARE ABOVE 18 YEARS OF AGE AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM ANY OF THE SWIRL SERVICES.

 

We reserve the right to terminate the user account at any time if we learn that it’s been used by a person under the age of 18.

4. Using the Service

Your use of Swirl requires that you have hardware, software and an Internet connection fulfilling certain recommended requirements. If the recommended requirements are not met, you may potentially still use the Service, but normally with a lower quality or performance. Reduced quality or performance will not give you the right to claim any compensation from Swirl. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Swirl Services. 

 

To use the Service, you will need to create a personal Swirl account. You may register an account by following the instructions on the Website or other instructions prompted to you. You are responsible for providing and maintaining accurate and updated information, and for safeguarding your account information. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and Swirl reserves the right to verify this at any time. Swirl will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

Your account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of the Service through your personal user account.

We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage.

 

5. User Content

You are solely responsible for your use of Swirl and your User Content and the consequences of publishing it, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you on the Service.

 

You represent and warrant that you are the creator or own or control all right the User content. You also represent that your User Content does not infringe or violate any copyright or trademark. Swirl reserves all rights and remedies against any user who breach these representations and warranties. 

 

Swirl takes reasonable measures to protect User Content against copyright infringement, however we do not guarantee that such infringement will not take place. Swirl is not liable for any unauthorized copying, distribution or use of User Content by third parties.

6. Prohibited conduct and Restricted User Content

Swirl reserves the right to remove, screen, or edit any User Content posted or stored on the Swirl Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Swirl Services at your sole cost and expense.

 

We reserve the right to report illegal activity to applicable local authorities.

Prohibited User Content includes, without limitation, content which:

  • is offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;

  • displays or links to pornographic, sexually explicit or any other indecent material;

  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • promotes or endorses an illegal or unauthorised copy of another person's copyrighted work;

  • infringes on other’s trademarks, copyright or legal rights

  • contains restricted or password only access pages or hidden pages or images;

  • solicits passwords or personal data from other users; or

  • violates the rights of or harms or threatens the safety of other users or the Service.

  • shares Personal information about others, without their consent

  • use the Swirl Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.

Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that has been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.

 

We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Service for your personal or business use. This license is for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.

 

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, Creator or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.

7. Service Fees

Swirl charges fees to Creators ("Service Fees") in consideration for the use of the Swirl Platform. More information about when Service Fees apply and how they are calculated can be found in our FAQs.

 

Any applicable Service Fees (including any applicable Taxes) will be displayed to a Supporter prior to setting up a recurring donation to a Creator. Swirl reserves the right to change the Service Fees at any time, and will provide Creators and Supporters adequate notice of any fee changes before they become effective. Such fee changes will not affect any donations made prior to the effective date of the fee change.

 

User Payment processing services for Swirl, including the processing and storing of credit card data, are provided by Stripe Inc. (“Stripe”) and are subject to the Stripe Services Agreement — United States (“Stripe Services Agreement”). By agreeing to these terms and continuing to use Swirl, users agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.

 

As a condition of Swirl enabling payment processing services through Stripe, you agree to provide Swirl accurate and complete information about you and your business, and you authorize Swirl to share with Stripe Inc. this information and transaction information related to your use of the payment processing services provided by Stripe.

Creator payouts are processed using Wise Inc. (Wise) and are subject to the Wise Terms of Service - United States Customer Agreement and Privacy Policy (USA). By agreeing to these terms and continuing to use Swirl, you agree to be bound by the Wise Customer Agreement as the same may be modified by Wise from time to time. As a condition of Swirl enabling payment processing services through Wise, you agree to provide Swirl accurate and complete information about you and your business, and you authorize Swirl to share with Wise Inc. this information and transaction information related to your use of the payment processing services provided by Wise.

8. Termination

You may delete your account at any point in your account settings. Swirl reserves the right, without notice and in our sole discretion, to terminate your license to use the Swirl Services (including to post User Content) and to block or prevent your future access to and use of the Swirl Services. No users are entitled to refunds upon termination due to breach of these Terms.

9. Communication

Swirl is silent by default and will not, without you triggering an action on Swirl or opting-in for notifications, send you any messages (emails) unless absolutely necessary. Such necessary occasions may include but not limited to major updates of any terms, or in case you are violating these terms. 

10. Intellectual Property Rights

All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of Swirl. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.

Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us our partners that you access through the Service.

The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Website or as part of the Service are the registered and unregistered marks of Swirl. Nothing in the Terms grants you the right to use any such marks.

 

You retain your rights to any User Content, in accordance with section 5, you submit, post or display on or through the Service.

 

11. Miscellaneous

Disclaimer of warranty. Swirl provides the Service to you "as is". You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means the Service doesn’t come with any warranty. None express, none implied. The service will be continually developed, and you acknowledge that changes to functionality and layout may be carried out without advance notice. Swirl makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service. Swirl will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. Swirl will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.

 

Limitation of Liability. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Swirl Services at your sole cost and expense. Swirl shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service. 

 

Indemnity. You agree to indemnify, defend and hold harmless Swirl and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in breach of the Terms or applicable laws. Swirl reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Swirl in asserting any available defenses.

 

Partial invalidity. If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

 

Force majeure. Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.

 

Assignment. Swirl is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.

 

Choice of Law and Dispute Resolution. The Terms shall be governed by and interpreted in accordance with Swedish law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the Swedish courts.

12. Changes to this Terms of service

We keep our Terms of service under regular review. This Terms of service was last updated on 28 January 2021. Your continued usage of our services will be seen as an acceptance to any changes of this  Terms of service. Note that we will never make changes that will impair the protection and integrity of your data on the Swirl platform.

16. More questions?

You will find answers to the most frequently asked questions about the Service on the Website, or contact our support team at hey@getswirl.tv. Most questions will be answered within 48 hours.