This TERMS OF SERVICE was last updated on [21/06/2026].

Welcome to Swapface (the "App"). You are reading the terms of service (the "TOS"), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the App and our related services. For purposes of the TOS, "You" and "your" means you as the user of the App.

By downloading, updating, accessing and/or using the App, you agree to be bound by this TOS. You understand and agree that we will treat your access or use of the App as acceptance of the TOS and our Privacy Policy. You agree that by downloading the App from our website (swapface.org) or other distribution platforms (indicated or recognized by us), you are bound by the respective terms and conditions of such distribution platforms.

1. Description of Services:

1.1 Swapface is a face swap application that uses artificial intelligence algorithms to generate unique content ("Services"). You may choose a photo, image, GIF or video and upload a photo with faces in the supported format and file size ("Uploaded content"). Our artificial intelligence algorithms scan the chosen media, find the faces and swap them into a new object ("Generated content"). Please note that some functions may be limited if you are not a paid subscriber, and that certain features may be temporarily restricted or unavailable while we maintain and enforce our content-safety controls.

1.2 Subscription. We retain a right, at our sole discretion, to provide some services available only for paid subscribers. The subscription begins after the initial payment, performed via the method and in the amount indicated at the time of purchase. You are responsible for payment of all fees, charges and taxes (if required by law) related to the transaction.

1.3 Pay as you go. We also support pay as you go for one-off faceswaps. Credits are available for use anytime within two years of purchase.

2. Legal Capacity:

You understand and warrant that:

a. if You are entering into this TOS on behalf of another person, You are duly authorized by such person to enter into this TOS which will be binding upon both You and such other person;

b. You are of the legal age to form a binding contract with us;

c. if You are under the legal age, You shall access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and subjected to local laws and regulations;

d. You are not a person barred from subscribing to, using or accessing the App under the laws of applicable jurisdictions.

3. Content:

3.1 We reserve and retain all right, title and interest (including all intellectual property rights) in and to the App and the technology, systems and software used to provide the App. You retain all intellectual property rights to Uploaded materials and Generated content.

3.2 You hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, assignable right and license to use any content for the purposes of providing the functionality available on the App. You warrant that the creation, modification or any other use of the content and materials does not infringe or violate any rights of any third party, including any intellectual property rights, data privacy rights, rights of publicity and privacy rights.

4. Restrictions of conduct and content:

4.1 In accessing and using the App, You agree to abide by the following rules, restrictions and limitations:

a. You will not modify, translate, adapt or reformat the App;

b. You will not decipher, decompile, disassemble, or reverse-engineer the software or materials comprising the App, except where permitted by applicable law;

c. You will not interfere with or circumvent any security feature of the App or any feature that restricts or enforces limitations on the use of the App, including our content-moderation and safety controls;

d. You will not use the App to gain unauthorized access to our or any third party's data, systems or networks;

e. You will not use the App in any manner that could damage, disable, overburden, impair or otherwise interfere with our systems and networks, or other users' use of the App;

f. You will not use the App in any way that, in our sole discretion, may expose us and others to liability or damages;

g. You will not remove, change or obscure any copyright, trademark notice, hyperlink or other proprietary rights notices contained in the App;

h. You will comply with all applicable laws in your access and use of the App, including the laws of your country or district if You live outside the Hong Kong Special Administrative Region (HKSAR).

4.2 You shall not upload, share or otherwise transmit to or via the Services any content that:

a. is unlawful, harmful, libelous, defamatory, obscene, abusive, racially or ethnically offensive, pornographic, indecent, lewd, harassing, threatening, invasive of personal privacy or publicity rights, or otherwise objectionable;

b. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

c. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;

d. contains any unsolicited promotions, political campaigning, advertising or solicitations;

e. contains any private or personal information of a third party without such third party's consent;

f. may harm or exploit minors in any way;

g. contains any viruses, corrupted data or other harmful files designed to interrupt, destroy or limit the functionality of the App;

h. contains any information you do not have a right to make available under any law or contractual or fiduciary relationship;

i. is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose us or others to any harm or liability of any type.

5. Prohibited Adult Content, Minors and Consent:

This Section sets out additional, binding restrictions that apply to all use of the Services. These restrictions exist to protect individuals, comply with applicable law, and meet the requirements of our payment processors and the card networks. Violation of this Section is a material breach of this TOS.

5.1 No adult or sexually explicit content

You may not use Swapface to create, upload, request, generate, store, distribute, or sell any pornographic, sexually explicit, or adult content, or any content that sexualizes any individual. You may not use the Services to depict any real or identifiable person in a nude, sexual, intimate or sexually suggestive manner, with or without that person's consent. Any "nudify", "undress", or comparable sexualization use is strictly prohibited and is not offered by the Services.

5.2 Protection of minors

You may not upload, request, generate, or distribute any content that depicts or appears to depict a minor (any person under 18, or the age of majority in your jurisdiction if higher), and you may not use the Services in any sexual, suggestive, or exploitative context involving a minor. Any child sexual abuse material (CSAM) is strictly prohibited. Suspected CSAM will result in immediate termination, preservation of relevant data, and reporting to the National Center for Missing & Exploited Children (NCMEC) and/or other competent authorities as required by law.

5.3 Consent, likeness and authenticity

You represent and warrant that you have all necessary rights, permissions and consents to use any face, image, likeness or media you upload or process. You may not use the Services to create content that is defamatory, harassing, deceptive, or that misrepresents a real person in a misleading or harmful way, including deceptive depictions of public figures.

5.4 Moderation and enforcement

We use automated and human content-moderation controls to enforce this Section, including screening of uploaded media and generated output. We may, in our sole discretion and without notice, block, filter, refuse, or remove any content; restrict or disable features; and warn, suspend, or permanently terminate any account that violates, or that we reasonably believe violates, this Section. We cooperate with payment processors, card networks, and law enforcement as appropriate. A user-facing reporting channel is available, and confirmed violations are subject to prompt removal.

6. Claims of Infringement:

6.1 Copyright. If You believe in good faith that materials transmitted or created through the App infringe Your copyright, You (or Your agent) may send us a notice requesting that we remove the material or block access to it, providing: (a) an electronic or physical signature of the owner or authorized person; (b) a description of the copyrighted work claimed to be infringed and sufficient information to locate it; (c) Your address, telephone number and e-mail address; (d) a statement of good-faith belief that the disputed use is not authorized; and (e) a statement, under penalty of perjury, that the information is accurate and that You are the owner or authorized to act on the owner's behalf. Counter-notices may be submitted consistent with the DMCA (http://www.copyright.gov). Notices and counter-notices should be sent to support@swapface.org.

6.2 Other rights. If You believe in good faith that materials in or to the App infringe Your other rights, You (or Your agent) may send us a notice requesting removal, providing relevant information that proves the basic facts of the infringement.

6.3 We have the right to suspend or terminate the use of the App by anyone engaged in suspected repeated infringement.

7. Indemnification:

You agree to indemnify and hold us and our officers, directors, shareholders and employees harmless from and against any loss, costs, liabilities and expenses (including attorneys' fees) resulting from Your breach of this TOS, Your use of the App and Content, and any infringement by You of any intellectual property or other right of any third party.

8. Disclaimers; Limitation of Liability:

THE APP IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE APP. IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Governing Law; Dispute Resolution:

This TOS shall be governed by and construed in accordance with the internal laws of the Hong Kong Special Administrative Region (HKSAR) without giving effect to its conflict of laws provisions, regardless of your location. Any dispute arising out of or in connection with the TOS shall be referred to and finally resolved by the courts of HKSAR. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

10. Changes to this TOS:

10.1 We reserve the right to update or make changes to this TOS from time to time in our sole discretion, and we may notify You of changes by making the revised version accessible through the App, which changes become effective immediately. Please refer to the "Date of Revision" at the top of this TOS. Your continued access or use of the App after changes have been posted means Your agreement to such changes.

10.2 We reserve the right to change the Services scope and charging standards at any time in our sole discretion and without notice, and to stop or restrict provision of the Services in full or in part toward a certain user.

11. Termination; Assignment:

11.1 This TOS will continue in effect until terminated by either You or us. You may terminate at any time by ceasing Your access and use of the App. We may terminate this TOS and your right to access or use the App, with or without notice, for any reason, including suspected breach of this TOS by You. Upon termination, Sections 3, 5, 6, 7, 8, 9, 10, 11 and 12 will survive.

11.2 We reserve and retain the rights to assign, transfer or subcontract the Services to any third parties. Notice will be posted on the App and your continuing use means your consent to such assignment.

12. Miscellaneous:

12.1 If any provision of this TOS is found to be unlawful, void or unenforceable, that provision will not affect the validity of the remaining provisions and will be enforced to the maximum extent possible.

12.2 This TOS, together with the Privacy Policy and other published policies, constitutes the entire agreement between us and You pertaining to your access and use of the App and supersedes any prior agreements.

12.3 Any caption, heading or section title is inserted only for convenience and in no way defines or explains any section or provision.

12.4 We will collect and process your information and technical data in accordance with the Privacy Policy.

13. Contact Us:

If You have any questions regarding the use of the App or this TOS, please contact us at support@swapface.org.