Terms and Conditions

The important bits!

SwingHub Terms of Use

 1. WELCOME TO SWINGHUB

1.1 The SwingHub iOS and Android mobile application (“App”) and website at https://swinghub.com (“Website”) are provided to you by SwingHub Ltd (“SwingHub”, “us”, “we” or “our”). Our registered office is at 86-90 Paul Street, London, England, EC2A 4NE and our registered number is 14527197

1.2 For ease of reference, in these Terms of Use (“Terms”) we refer to the Website and App collectively as the “Services”.

1.3 In these Terms of Use (“Terms”) we related to our Privacy Policy and Cookie Policy which can be found at: https://swinghub.com/privacy-policy (Privacy Policy) and https://swinghub.com/cookie-policy (Cookie Policy)

1.4 In these Terms of Use (“Terms”) we reference our Community Guidelines - these can be found at: https://swinghub.com/community-guidelines (Community Guidelines)

2. THESE TERMS

2.1 SwingHub is a global social network for non-monogamous individuals, providing a platform for users to authentically express their genuine selves. Here, users can connect and date with like-minded and broad-minded individuals, acquire tickets for adult gatherings, and participate in chat groups within a secure and enjoyable setting to interact within the Services community.

2.2 By accessing and/or using the Services and the features made available through it, you agree to these Terms. You also acknowledge that our Privacy Policy and Cookie Policy apply to our use of your personal data and cookies (and other similar technologies) in relation to the Services. Please review these Terms, our Privacy Policy and our Cookie Policy and save a copy of them for your future reference.

2.3 SwingHub reserves the right to modify these Terms of Use at any time. We will notify you of significant changes by contacting you via, email or notice within the service.

2.4 If you have any questions about these Terms, please contact us using the contact details at help@swinghub.com

3. APPLE AND GOOGLE TERMS ALSO APPLY WHEN YOU USE THE APP

3.1 The App is available via the Google Play Store for mobile phones and other devices using the Android operating system (version 7.0 or above) and via the Apple App Store for mobile phones and other devices using the iOS operating system (version 15.0 or above).

3.2 These Terms incorporate the Apple Media Services Terms and Conditions (“Apple Terms”) and/or the Google Play Terms of Service (“Google Terms”). You agree to comply with the Apple Terms and/or the Google Terms (as applicable). Particularly, regarding any usage restrictions in those terms. If there is any inconsistency between (a) these Terms; and (b) the Google Terms and/or the Apple Terms (as applicable), these Terms will prevail.

4. SWINGHUB AND OTHER TERMS THAT MAY APPLY TO YOU

4.1 SwingHub allows third parties to provide you with additional services which you can access through our Services. Some features available through our Services may therefore be subject to additional terms and conditions with other companies. For example, events may be provided by third parties, and your purchase and attendance at these events are subject to separate terms and conditions. While SwingHub is not responsible for the actions or services provided by third parties, we encourage you to report any issues or concerns.

4.2 Swinghub will not be held liable for any third party events, advertising, and/or other associated activities provided by the third party services, which are used via the Services app (See Clause 10).

5. WHO CAN USE OUR SERVICES

5.1 To be eligible to use our Services, you must be at least 18 years of age.

5.2 You are not permitted to create an Account or use our Services if we have ever terminated, suspended or otherwise restricted an Account registered by you in accordance with our rights.

5.3 You are responsible for making all arrangements necessary to access our Services. In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Services.

5.4 You are responsible for ensuring that no one else uses the Services on your Devices 

5.5 You acknowledge that your agreement with your mobile network and/or internet service provider (“Internet Providers”) will apply in respect of your use of data in connection with your use of the Services and that you may be charged by your Internet Provider in respect of such use. You accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you must obtain, and will be assumed to have received, permission from the bill payer for using the Services. You are also responsible for managing any parental controls, browsing history and cookie history in respect of your use of the Services.

5.6 You may download our App onto as many of your compatible devices (“Devices”) as you wish.  SwingHub grants you a non-exclusive, non-transferable, perpetual right to use the App on your Devices, subject to these Terms. If you are part of a couple (two people in a relationship or marriage),  you may have one couple account for both members to access. You may also each have a solo account. If you are a single user subject to these Terms.

6. REGISTERING FOR AN ACCOUNT AND KEEPING IT SECURE

6.1 To use certain aspects of our Services you may be required to register for an account (an “Account”) by providing your name or alias, your email address, date of birth, sexual orientation, preferences and  username.(“Registration Data”).

6.2 You will ensure that your Registration Data, and any other information that you provide to us in relation to your Account, is accurate and kept up to date. We will use your Registration Data and such other information, as set out in our PRIVACY POLICY.

6.3 Verification requires each user to complete our Verification Process. The Verification Process involves using the Camera on the Device to take selfies of the relevant people who are attempting to sign up to the Services. This will then involve the images being analyzed by the Services AI to determine the gender of the person (“Gender” the sex of the person, regardless of gender identification ) as well as their age. 

6.3a If you are in a couple, both users must be present together , for your verification to pass AI. 

6.3b If your images are not accepted during the AI verification process, a request will be made for review by our Human Moderators. They will be able to see all images submitted during the Verification Process as well as any AI suggestions. If the moderator is unable to clearly identify the Gender (“Gender” the sex of the person, regardless of gender identification ) and age of the User, the User will receive an email to provide their ID. You must provide a valid form of ID for all users who are attempting to sign up via the Verification Process. 

6.4 Verification of User Submitted Identification

6.4a) SwingHub may utilize secure third-party companies to verify user-submitted identification documents and assist with processing certain sensitive user information during the verification process. These third-party companies are chosen with user privacy and data security in mind. SwingHub reserves the right to discontinue using a particular third-party verification service or change to a different provider at any time, without prior notice. 

6.4b) In the interest of user safety and security, SwingHub may conduct necessary checks with national databases and law enforcement authorities to verify the information provided. 

6.5 You are responsible for your use of the Services or any other use that you have authorised, including any transactions that occur in respect of such use. You are also responsible for keeping your Registration Data secure and protecting it against unauthorised use and for ensuring the security of any device from which you sign in to your Account. If you fail to do so, you are responsible for any unauthorised use of the Services using your Registration Data, including any transactions that occur in respect of such use and we shall have no liability to you in respect of such use.

6.6 Usernames and profile pictures must not:

  • be obscene or offensive;
  • infringe any third party rights;
  • breach the Code of Conduct 
  • breach our community guidelines; or
  • otherwise (in our absolute discretion) be considered inappropriate.

 

6.8 We may ask you to choose a different username, profile picture and cover photo at any time. These can also be changed by a member of the Services team without prior notice.

6.9 To further enhance the security of your account, we highly recommend enabling the following measures on your email account:

 

  • Multi-Factor Authentication (MFA): We strongly recommend enabling MFA for your email account. This adds an extra layer of security by requiring a second verification code in addition to your chosen authentication method when logging in.

 

  • Biometric Authentication (if available): For devices with fingerprint scanners or facial recognition, consider enabling biometric authentication for additional security. This provides a convenient and secure way to access your email.

 

SwingHub reserves the right to introduce and change the authentication methods for a user account such as introducing new technologies/ password authentication styles and multi-factor authentication. 

 

7. SWINGHUB PREMIUM SUBSCRIPTION

7.1 You can access different features of our Services depending on the type of membership you have. Free members can access basic features. Premium members can access additional features and content. For further information about the Premium memberships and associated fees please see our app.

7.2 You can upgrade to a Premium membership by clicking "Upgrade" within your Account settings. Premium memberships are available in various subscription terms, including 1-month, 12-month, and potentially lifetime options (subject to availability).  We reserve the right to modify our subscription options and pricing at any time.  For the most current information on available subscription terms, fees, and billing cycles, please refer directly to the SwingHub app.

7.3 Your subscription will auto-renew and you will be automatically charged by your chosen payment method for another subscription term at the end of your current subscription term, unless you cancel your subscription before the end of the subscription term. You can cancel your subscription via the Apple App Store or Google Play store and device settings. 

7.4 Swinghub will not be liable for anything above and beyond with regards to renumeration of remaining subscriptions after cancellation request. Users can access the applicable purchase rules and policies directly from the App Stores (see Clause 8.1).

8. PURCHASES MADE ON SWINGHUB

8.1 If you make a purchase using the Services via the App, payment is made in accordance with your app store provider’s terms. For further information, see the Apple Media Services Terms and Conditions and/or Google Play Terms of Service.

9. MERCHANDISE AND OTHER PURCHASES

9.1 Third-Party Purchases:

  • SwingHub Marketplace: We may offer a platform (the "SwingHub Marketplace") where third-party vendors list and sell various merchandise items. This can be found at https://swinghubstore.com or as Marketplace within the App.
  • Independent Transactions: You acknowledge that all purchases on the SwingHub Marketplace are conducted directly between you and the respective vendors. SwingHub acts solely as a facilitator connecting buyers and sellers.

9.2 Limited Liability:

  • Disclaimer of Responsibility: SwingHub expressly disclaims any and all liability arising from:
    • The quality, safety, or functionality of any merchandise purchased through the SwingHub Marketplace.
    • The actions or omissions of any third-party vendor listed on the platform.
    • Any disputes or transactions occurring directly between you and a vendor.

10.  THIRD PARTY EVENTS

10.1 Our Services may include the option to buy tickets to third party events. We are not the creator, organizer or owner of the events listed through our Services, nor the seller of tickets. Instead, we provide our Services which allow third party organizers (“Organizers”) to manage ticketing and registrations and promote their events.

10.2 Some event ticket purchases are made through the Services and payment is taken in the same way other purchases on the Services are made. Other event ticket purchases are only available directly from Organizers and you will be directed to Organizers websites to make the relevant purchase.

10.3 Where you are redirected to an Organizers website to make a ticket purchases, SwingHub is not involved in, or responsible for, any elements of the sale or payment processing.

10.4 You may be subject to separate terms and conditions with Organizers if you choose to purchase event tickets via our Services. Please check with the Organizer to identify any terms and conditions that may apply to your purchase and attendance at these events. 

10.5 SwingHub is not involved in, and therefore cannot be held responsible for, the organization, management, or execution of any events listed on our platform, including those sourced from external providers. While we strive to provide accurate event information, we do not guarantee the reliability, safety, or quality of any events listed. You acknowledge that attendance at any event is at your own risk, and you are solely responsible for assessing the suitability, safety, and legality of any event you choose to attend.

11.  SWINGHUB EVENTS

11.1 Our Services include the option to buy tickets for SwingHub events. These events will have their own terms and conditions which you must abide by in purchasing and attending the event. 

11.2 Please be aware that your conduct at SwingHub events may affect your continued use of the SwingHub App to the discretion of SwingHub. We reserve the right to revoke your account at any time. 

11.3 SWINGHUB BRANDED SOCIAL EVENTS

SwingHub may occasionally collaborate with third-party organizers to host social events around the world featuring SwingHub branding and promotion of the app. These events are not directly managed or maintained by the SwingHub team. While SwingHub may provide support and branding materials for these events, including promotion on our platform, the organization, management, and execution of these events are the sole responsibility of the third-party organizers.

Attendees of SwingHub-branded social events acknowledge and agree that SwingHub is not responsible for the planning, logistics, safety, or any other aspect of these events. SwingHub does not assume liability for any issues arising from attendance at these events, including but not limited to accidents, injuries, or property damage. Attendees participate in SwingHub-branded social events at their own risk, and they are solely responsible for their own safety and well-being.

SwingHub reserves the right to provide guidelines and standards for third-party organizers hosting SwingHub-branded social events to ensure alignment with SwingHub's values and brand identity. However, SwingHub does not assume responsibility for enforcing these guidelines or overseeing event operations.

By attending SwingHub-branded social events, attendees agree to abide by any rules or regulations set forth by the event organizers and venue hosts. Any disputes or issues arising from participation in these events should be addressed directly with the respective event organizers, and SwingHub shall not be held liable for any such disputes.

SwingHub-branded social events serve as opportunities for community engagement and promotion of the SwingHub platform. We encourage attendees to enjoy these events responsibly and to represent the SwingHub community positively.

12. CHANGES TO THE SERVICES, THESE TERMS AND MEMBERSHIP

12.1 We may need to make changes to these Terms and the subscription we provide you. These changes might be to reflect changes in the law or other regulatory requirements, or to make improvements, for example to address a security threat.

12.2 Sometimes, we may have to make more important changes to the Terms and the subscription we provide you. This might include for example, changing the price of the Premium subscription. For the more important changes that may have an adverse impact on you, we will always provide you with notice via email or site notification before we make any such changes and you will have the option to cancel any Premium subscription before such changes come into force. 

12.3 You can check when these Terms were last updated by emailing Help@swinghub.com  

13. NO PROMISES

13.1 We will do our best to make sure that our Services (and any email that we send to you in connection with the Services) is accurate, reliable, up-to-date and free from bugs, trojan horses or other harmful components, but we cannot promise that it will be, and you are responsible for putting in place your own internet security and safety measures.

13.2 The content displayed on the Services (and the content that we send to you via email in connection with the Services) is made available to you for your general information and is for non-commercial use only. We give no promises that such content is accurate or reliable. The content is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the content made available on the Services is at your own risk.

By using our Services, you acknowledge and agree that we may utilize artificial intelligence algorithms to analyze images uploaded by users to determine whether they can be made available for public viewing or restricted to friends only. However, we provide no assurance as to the accuracy or reliability of these analyses.

Furthermore, please note that we reserve the right to remove any images uploaded to the Services without warning, especially if they are found to violate our terms of service, community guidelines, or if they are deemed inappropriate or harmful in any way.

Your use of the Services constitutes acceptance of these terms regarding the analysis of images and the potential removal thereof.

 

14. UPLOADING CONTENT TO OUR SERVICES

14.1 On certain parts of our Services, you may be invited to submit materials for (a) publication on our Services and/or (b) use by us in accordance with these Terms (“Your Content”). We may in our discretion determine whether Your Content is suitable for inclusion on our Services and make no guarantee that Your Content will be uploaded to the Services or used by us.

14.2 Your Content must not:

  • breach our Code of Conduct; 
  • contain any material that is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
  • be illegal or infringe the Rights of any third party, in any country in the world; 
  • include images of children, even if you also appear in the Content;
  • encourage any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of text or material which constitutes committing a criminal offence; and/or
  • be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data),
  • (together, “Infringing Content”)
  • Contain copyright & trademarked materials  

14.3 You must have the express consent of everyone (individually) featured in Your Content to their image and/or voice being used in accordance with the permission that you grant to us below. If you do not have their consent, you must not submit any content featuring that individual to the Services. We will not be responsible, or liable to any third party, for the content or accuracy of Your Content posted by you or any other user of the Services.

14.4 We monitor and review Your Content and the content of other users using AI, third party moderation and human moderators. We do not take any responsibility for AI, third party moderation or human moderation. You acknowledge that you accept full responsibility for any Content which you upload and are liable for this Content. You acknowledge that, unless stated otherwise, Your Content may not have been verified or approved by us. Views expressed by other users on the Services do not represent our views or values.

14.5  By uploading Your Content to the Services, you retain ownership of your photos and all relevant rights. However, you grant the Services and its designees, as well as other users of the Services, a worldwide, irrevocable, non-exclusive, transferable, royalty-free license (which is unlimited in time) to view and use Your Content solely for the purpose of providing, using, and improving the Services.

You acknowledge and agree that the Services  may utilize artificial intelligence algorithms to analyze images uploaded by users to determine their suitability for public viewing or restriction to friends only. While the Services endeavors to protect your privacy and maintain the integrity of your content, we cannot guarantee the accuracy or reliability of these analyses.

Furthermore, the Services reserves the right, acting reasonably, to disclose your identity to the appropriate authorities in accordance with legal requirements, if the Services determines that such disclosure is necessary to comply with applicable laws or regulations, to protect the rights, property, or safety of the Services, its users, or others, or to enforce our terms of service or other agreements.

14.6 We make no guarantee that Your Content will be kept on the Services for any length of time, and we reserve the right to remove Your Content as we see fit, including if it does not comply with these Terms or removal is otherwise desirable for business or operational reasons. You are urged to keep back-up copies of Your Content. The Services should not be used as your primary method to store or curate copies of your images, videos or text, as Your Content may be removed permanently from the Services at any time, and we may not keep copies of Your Content.

14.7 If you wish to request us to stop using any of Your Content at any time, you should notify us by emailing help@swinghub.com setting out details of Your Content (the “Notified Content”) and, for Notified Content published on our Services, where it can be found on the Services. We will endeavor to respond to you promptly and will consider your request and any concerns that you have, however, please note that we may still continue to use Your Content where it is reasonable for us to do so.

14.8 You will notify us without delay by emailing help@swinghub.com if you become aware that any of Your Content is or becomes Infringing Content and you will provide us with any and all information and assistance that we require to in order to identify and remove any Infringing Content from the Services.

14.9 You are responsible for your interactions with other users of the Services. You understand that we do not conduct criminal background checks on members or otherwise enquire into their backgrounds. 

15. CODE OF CONDUCT

15.1 You must not (and you must not cause any other person to):

  • use, or cause others to use, any automated system or software to extract content or data from the Services for commercial purposes, except where you or any applicable third party has entered into a written agreement with us that permits such activity;
  • interfere with, or disrupt, the Services or any servers or networks connected to the Services, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Services is rendered or displayed in a user’s browser or device;
  • access the Services via a means not authorized in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
  • attempt to restrict another user of the Services from using or enjoying the Services and you must not encourage or facilitate the breach of these Terms by others;
  • use the Services for any illegal or unauthorised purpose or in any way that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement, computer misuse, or collecting or harvesting any information or data from our systems or servers; 
  • use the Services in any way or that (i) is defamatory of any other person, (ii) is obscene or offensive, (iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or (iv) is likely to harass, upset, embarrass, alarm or annoy any other person;
  • respect other users’ right to privacy and not use other users’ Content, material or information without their express written consent;
  • change, modify, adapt or alter the Services or change, modify or alter another website so as to inaccurately imply an association with the Services or us
  • express or imply that any statements you make are endorsed by us;
  • misrepresent your relationships with a person or entity, past or present;
  • use the Services if you have previously been banned from using the Services;
  • engage in Cyberflashing;
  • screenshot messages profiles or any other content on the Services;
  • engage in any bullying behavior;
  • transmit “junk” mail or “spam”; or
  • lie or be untruthful about yourself, your age, gender, relationship status or other information about yourself;
  • impersonate a person, company or brand with the intent to deceive or confuse others.
  • posting any content related to commercial business
  • promote external events (other than in the specific event section of the app), social media platforms or Only Fans 
  • To ensure a safe and secure environment for all users, individuals with a history of convicted sexual crimes are prohibited from using our service.

 

15.2 We want our Services to be a safe and respectful environment and you must at all times act honestly, respectfully and in compliance with the law.

15.3 Failure to comply - Failure to abide by the Code of Conduct, will result in the immediate suspension of your account which will be reviewed by the Services Team. As a user, you will have to file a report by emailing help@swinghub.com to have your account reinstated which will be at the discretion of the Services Team. 

 

16. INTELLECTUAL PROPERTY RIGHTS

16.1 Our Services and all information, music, images, photographs, videos and other content displayed on our Services (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors.

16.2 You may only view, print out, use, quote from and cite the Services and the Materials for your own personal, non-commercial use and on the condition that you do so in accordance with these Terms, including of the Code of Conduct. 

16.3 We expressly reserve all Rights in and to our Services and the Materials and your use of our Services and the Materials is subject to the following restrictions. You must not:

  • copy the Services except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up or operational security;
  • sub-license or otherwise make available the Services in whole or in part (including object and source code), in any form to any person without our prior written consent;
  • remove any copyright or other proprietary notices contained in the Materials; 
  • use any Materials in any manner that may infringe any of our Rights or the Rights of a third party; 
  • use the Materials in any way that might be illegal or breach these Terms;
  • reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Services and/or the Materials in any way for any commercial purpose, without our prior written consent; 
  • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing; or
  • use the Services or Materials in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Services or any Materials in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.

 

16.4 Any use of our Services or the Materials in a manner not expressly permitted by these Terms may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Services or the Materials accessible on it.

17. TRADE MARKS

17.1 We reserve all Rights in the name “SwingHub”. The domain name www.swinghub.com and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trade marks appearing on our Services. Other trade marks, products and company names mentioned on our Services may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.

17.2 Nothing in these Terms should be construed as granting any license or right to use any such trade marks or our domain name. 

18. LINKING TO OUR SERVICES

18.1 We permit you to link to our Services if you comply with the following: 

  1. you only do so in a way that is fair and legal and does not take advantage of or damage our reputation; 
  2. you do not link to our Services via any digital property containing content of an adult or illegal nature, or material that is offensive, harassing or otherwise objectionable;
  3. you do not suggest any form of association, approval or endorsement by us unless we have otherwise permitted;
  4. you do not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Services, or frame any aspect of our Services on any other site; 
  5. you do so for non-commercial purposes; and 
  6. you do not link to any page of the Website other than the home page or app store download page. 

18.2 We reserve our right to withdraw our permission granted at any time without notice.

18.3 If you would like to link to our Services for commercial purposes or any purposes not included above, please contact help@swinghub.com.

18.4 Creation of a link to the Services is without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Anyone providing access to, or information relating to the Services, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us. 

19. LINKS TO THIRD PARTY WEBSITES

19.1 The Services (and emails that we send to you in connection with the Services) may include links to third party websites, applications and/or other digital properties (“Third Party Properties”) that are controlled and maintained by third parties (“Third Parties”). If you decide to visit any Third Party Property or use a service made available through, or purchase products via, a Third Party Property, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of the relevant Third Party and the services they offer. We are not responsible/and or liable for the content, accuracy or opinions expressed on Third Party Properties. Links that we make available do not imply that we are, or our Services is, affiliated to or associated with such websites or services. 

19.2 Your interaction with any Third Party Property is subject to the relevant Third Party’s own terms and policies. In particular, Third Parties will process your personal data in accordance with their own privacy notices. Please read all applicable terms and polices of the relevant Third Party before using a Third Party Property and/or using a service made available through, or purchasing products via, a Third Party Property.

20. ENDING YOUR USE OF THE SERVICES AND CANCELLING YOUR SUBSCRIPTION

20.1 Delete your account: You can ask us to delete your Account at any time by navigating to your Account settings (You can find your Account settings by clicking “Settings” on your Account dashboard). You will see a screen which will ask you to "Cancel" or "Continue" with the request. Select "Continue" and you will be asked if you are sure that you want to delete your account select "Confirm". Your account deletion request will be processed, and you will be taken to the sign-up page.

20.1a Please note that your account will be retained on the system for 30 days after which all data and information held on our database will be erased. This is in line with GDPR processing and allows you to contact us to rejoin if you have selected the option to delete by mistake. If you have any questions or issues, please send a message via Help & Support in the app or email the SwingHub Team and we will be happy to help.

 

20.1b Once we have deleted your Account and such other information, it cannot be recovered. If you wish to obtain a copy of your Account data prior to deletion, please request access to your data in accordance with your rights set out in our Privacy Policy.

 

 

 

20.2 Cancelling a Premium subscription during the Cancellation Period:

All cancellations to the Services Premium is run through your subscription settings on your device. Please check the guideline on Google Play Store or Apple App Store for refunds.

 

Once your Premium subscription has been cancelled, you will no longer be able to benefit from any Premium subscription features or benefits.

 

20.3 Cancelling a Premium subscription: You may request to cancel a Premium subscription at any time before the end of the subscription term and the cancellation will apply at the expiry of your then current subscription term. For example, if you purchase a 1-monthy subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period, except as otherwise provided in these Terms. 

 

20.4 Cancelling a Premium subscription because something went wrong: You may have additional rights at law to terminate your Premium subscription and receive a refund or other remedies for example, if your Premium subscription is faulty. For detailed information, please visit the Citizens Advice website www.citizensadvice.org.uk. Where you have a legal right to terminate these Terms, please notify us of your termination by contacting us using the contact details at the end of these Terms.

21. WE MAY TERMINATE OR SUSPEND YOUR USE OF THE SERVICES

21.1 We want the Services to be a safe place. We reserve the right temporarily or permanently to suspend or terminate your use of the Services or restrict your access to parts of the Services if we determine that any of the following has incurred including but not limited to:

  • you have breached our Terms or any other policies provided by the Services;
  • otherwise initiated a chargeback or other method for reversing payment;
  • if there are activities on your Account that might cause harm to us or others; or
  • if we are asked to do so by law enforcement authorities.

 

21.2 If we terminate, suspend, or restrict your use of the Services for one of the reasons outlined, you will not be entitled to a refund if you have made any purchases on the Services (including a purchase of a Premium subscription).

21.3 We may terminate your use of the Services at any time. If we terminate your use of the Services for convenience, the user must contact the relevant app store to request a refund for their subscription. This is the responsibility of the user as this process is outside of the control of the Services as the payment relationship is managed between the User and the relevant App Store. 

22. OUR LIABILITY TO YOU

22.1 Consumers have certain legal rights when using the Services. These are also known as “statutory rights” as they are derived from consumer laws. Nothing in these Terms affects these rights. In particular, we do not exclude our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for us to limit or exclude our liability.

22.2 You agree not to use the Services for any commercial or business purpose, and therefore we have no liability to you for any business losses for example loss of profit, loss of business, business interruption, or loss of business opportunity. 

22.3 We do not voluntarily accept responsibility for any loss or damage that:

  • was not caused by us breaching these Terms;
  • was not, at the time you agreed to these Terms, a reasonably foreseeable consequence of us breaching these Terms (loss or damage if foreseeable if either it is obvious that it will happen or if, at the time these Terms were entered into, both we and you knew it might happen); or
  • was caused by an event outside of our control. 
  • Financial loss or cancellation of third party events regardless if SwingHub sponsor said third party event. 

 

23. YOUR LIABILITY TO US

23.1 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.

24. NO LIABILITY 

24.1 We accept no liability for damages, loss, misconduct or illegal activity which takes place as a result of attending an event, club, private or social meet advertised or arranged via the Services Users take full responsibility of their own safety at all times. 

25. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

25.1 Please contact us using the contact details at the end of these Terms if you have any complaints. We would prefer to try to resolve any dispute informally between you and us in the first instance. 

25.2 These terms are governed by English law but we will not deprive you of any protection you have under the law of the country where you live and you can bring actions in the courts of your home country.

26. SAFEGUARDING 

26.1 The Services , like all social media platforms, has a duty of care to ensure that children are kept safe online. Should an incident be reported we will follow our “Keeping Children Safe Online” procedure. This will include passing all information we hold on the responsible person(s) to appropriate authorities. You can request to view our procedure by emailing help@swinghub.com.

26.2 User Obligation to Report Safeguarding Incidents:

As a user of the Services, you acknowledge and agree to the importance of maintaining a safe and secure environment for all individuals involved in our community. Safeguarding incidents refer to any concerns or incidents that may pose a threat to the well-being, safety, or rights of users, especially vulnerable individuals. We ask you to promptly report any safeguarding incidents that come to your attention while using our services. This obligation is crucial in upholding our commitment to the welfare of our community members.

26.3 Reporting Procedure:

Immediate Reporting: In the event that you witness, experience, or become aware of any safeguarding incident, please report it immediately. This includes, but is not limited to, instances of abuse, harassment, discrimination, or any behavior that may compromise the safety of others.

Reporting Channels: Reports should be submitted by using the ‘Report” function on the app or by emailing help@swinghub.com

Accurate and Detailed Information: When submitting a report, provide accurate and detailed information regarding the safeguarding incident. Include relevant details such as the date, time, location, and individuals involved. This will assist our team in conducting a thorough and timely investigation.

26.4 Protection of Reporting Individuals:

Non-Retaliation: 

The Services strictly prohibits any form of retaliation against individuals who report safeguarding incidents in good faith. Reporting an incident will not result in adverse consequences for the reporting party.

Confidentiality: While we encourage transparency in reporting, we understand the sensitivity of safeguarding incidents. We are committed to maintaining the confidentiality of reporting individuals to the extent allowed by law and our internal policies.

27. OTHER IMPORTANT TERMS

27.1 Transferring rights: You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Services, without our prior written consent. You agree that we may transfer our rights and obligations under our contract with you to a third party purchaser of our business or to an affiliate, in which case we shall notify you and explain your options. 

27.2 Third party rights: These Terms are between you and us. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing them.

27.3 If the Terms are invalidated: If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply

27.4 Delays: Whilst we may not immediately contact you should we feel you have broken Community Guideline or Code Of Conduct terms, we reserve the right to contact you at any point should we feel necessary. We may remove access to your account whilst undertaking investigation. 

28. AI ANALYSIS OF USER CONTENT 

The Services may utilize artificial intelligence (AI) algorithms to analyze user-generated content, including but not limited to: text and media uploaded to the platform. This AI analysis may involve identifying objects, scenes, or other elements depicted in the images, as well as analyzing the content of the images for various purposes, including but not limited to:

Content Moderation:

AI analysis may be used to detect and moderate user-generated content that violates the Services community guidelines or terms of service. This includes identifying inappropriate or prohibited content such as nudity, violence, minors, hate speech, or copyrighted material.

Content Enhancement: 

AI analysis may also be used to enhance user-generated content by automatically categorizing images, adding descriptive tags, or improving image quality through image processing techniques.

Personalized Recommendations: 

The Services may use the insights derived from AI analysis of user content to provide personalized recommendations and content suggestions to users based on their interests, preferences, and behavior on the platform.

Future Advertising: 

In the future, The Services may utilize the insights gained from AI analysis of user content to deliver targeted advertising campaigns within the app. This may include displaying relevant ads, promotions, or sponsored content to users based on the content they interact with, their demographics, or other inferred interests. Any potential advertiser or third party using the platform will not have access to any of this data and will be bound by strict filters to ensure anonymity. 

By using the Services and uploading content to the platform, you acknowledge and consent to the use of AI analysis as described above. You also acknowledge that the Services may collect and process data derived from AI analysis for the purposes outlined in this section. The Services  is committed to protecting user privacy and will handle all data in accordance with its privacy policy.

Please note that while the Services strives to ensure the accuracy and reliability of AI analysis, it may not always be perfect. Users are encouraged to report any inaccuracies or issues with AI-generated content to SwingHub for review and moderation.

29. Screenshots and Screen Recording within the App

29.1 We employ measures to deter and prevent screenshots and screen captures within the Services app. However, we actively monitor for any attempts to capture screenshots, screen recordings or apps attempting to bypass our security measures. Our method for detecting this is provided directly by iOS and Android and does not involve the Services  knowing any of the contents of the screenshot. the Services is merely informed that you took a screenshot of the app whilst it was open.

29.2 Users are reminded that repeated attempts to take screenshots or capture screen recordings may be detected, and such actions could result in the suspension or termination of their Services account. 

29.3 The Services does employ a method for detecting screen recording and showing a Black Out feature. This renders the app useless until the screen recording has stopped. the Services also employs a method of a Unique ID that is encoded into the app so that if a screen shot or screen recording is leaked online whether taken from the same or different device, it will track back to the relevant device it was captured from. If this method is used in detecting, your account will be suspended. 

29.4 We take the protection of user privacy and intellectual property seriously, and we appreciate your cooperation in respecting the privacy and rights of others while using the Services

30. CONTACT US

30.1 If you have any queries relating to the Services or these Terms, please contact us by emailing: help@swinghub.com

30.2 We will try to answer your enquiry or as soon as possible.

31. COMPLAINTS

31.1 Our Customer Service Team will do their best to resolve any problems you have with us or our products as per our Complaints Policy which is available on request from our Customer Service Team.

By using the Services, you indicate your acceptance of these Terms of Service. If you do not agree to be bound by these terms, please do not use the Services.

This version was last updated - March 2024