Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of SwayBlu, including our website and web application (the "Service"). By using the Service, you agree to these Terms and our Privacy Policy.

Company: SwayBlu (ABN 43 484 422 063) ("SwayBlu", "we", "us", "our")
Contact: support@swayblu.com

If you do not agree, do not use the Service.

2. Eligibility and accounts

• You must be at least 18 years old (or the age of majority where you live).
• You must provide accurate information and keep it updated.
• You are responsible for all activity under your account and for keeping credentials secure.
• If you use SwayBlu on behalf of a business, you represent you have authority to bind that business.

3. The Service

SwayBlu helps you create, store, schedule, publish, and analyse social media content through integrations with third-party platforms (for example, Facebook/Instagram).

Third-party platforms are not controlled by SwayBlu. Availability of features depends on those platforms and their APIs, permissions, and policies.

4. Your content and permissions

4.1 Your ownership

You retain ownership of content you upload or create ("Customer Content").

4.2 License to operate the Service

You grant SwayBlu a limited, worldwide, non-exclusive license to host, store, process, transmit, and display Customer Content only to provide and improve the Service (including publishing to your connected social platforms as you instruct).

4.3 Your responsibilities

You are responsible for ensuring:

• you have all rights needed to upload and publish Customer Content
• your content complies with all applicable laws and the rules/terms of the connected social platforms
• you do not upload sensitive personal information unless you have a lawful basis and clear need

5. Acceptable use (prohibited activities)

You must not:

• use the Service for illegal, harmful, or abusive activities
• post or distribute content that is defamatory, harassing, hateful, or infringes IP rights
• attempt to bypass security, rate limits, or access controls
• reverse engineer, scrape, or disrupt the Service (except where legally permitted)
• use the Service to send spam or unsolicited communications
• introduce malware or attempt unauthorised access to any systems

We may suspend or terminate accounts for violations.

6. AI Improvement Program

SwayBlu may offer AI features (trend insights, recommendations, creative assistance). As described in the Privacy Policy, SwayBlu may use:

• aggregated/de-identified usage and performance data for product improvement
• user content and brand inputs for AI improvement only under the AI Improvement Program setting

Default status: enabled by default only where permitted by law; some regions require explicit opt-in.

You can change this anytime in Settings.

7. AI-generated content, AHPRA-awareness, and your responsibility

7.1 AI-generated drafts

The Service uses AI models to generate marketing content (including posts, captions, newsletters, images, audits, and content reviews) based on your inputs and your brand kit. All AI outputs from the Service are drafts intended for your review. SwayBlu does not generate finished work; you are expected to review every output before publishing it to any channel.

7.2 You are the publisher of record

You — not SwayBlu — are the publisher of any content you choose to publish from the Service to any third-party platform (social media, email, website, print, or otherwise). The act of publishing is your decision and your responsibility. Nothing is published from the Service to any external platform without your explicit instruction.

7.3 AHPRA-awareness is not legal advice

The Service includes "AHPRA-aware" features that flag content likely to breach the Health Practitioner Regulation National Law (s.133), the ADA Policy Statement 6.24, and other Australian health-practitioner advertising guidance. These features are automated guidance only. They are not legal advice, not a regulator-issued certification of compliance, and not a substitute for advice from a qualified Australian health-law solicitor.

SwayBlu does not represent that any AI-generated output is "AHPRA-compliant," "AHPRA-approved," "AHPRA-certified," or guaranteed safe. Phrases such as "AHPRA-aware," "AHPRA-checked," "AHPRA-safer," and "SwayBlu QA passed" describe the automated check the Service ran, not regulator endorsement and not a guarantee of regulatory compliance.

7.4 Your responsibility for compliance

You are responsible for ensuring that any content you publish complies with all applicable laws, regulations, professional codes, and platform policies, including (where applicable) AHPRA advertising guidance, the National Law, the ADA Policy Statement 6.24, the Australian Consumer Law, defamation law, copyright law, and the policies of any third-party platform you publish to.

You agree to review every AI-generated output, and to verify with qualified advice where appropriate, before publishing it. Where you are a registered health practitioner or a body corporate that operates a regulated health service, you remain fully responsible for your professional and regulatory obligations.

7.5 No warranty of regulatory compliance

To the maximum extent permitted by law, SwayBlu makes no warranty, express or implied, that any AI-generated output, automated check, or audit result produced by the Service is accurate, complete, or compliant with any law, regulation, professional code, or third-party policy, including AHPRA s.133 or any ADA policy. SwayBlu's liability for any matter relating to AI-generated content you publish (including any regulatory penalty, civil claim, or reputational harm) is subject to the limitations in §14 (Limitation of liability).

8. AHPRA-aware Usage Policy

This Usage Policy applies to your use of SwayBlu's AHPRA-aware features (the website audit, post review, caption review, automated QA pass, AHPRA-aware content drafting, and the AHPRA-aware assistant). It is in addition to §5 (Acceptable use) and §7 (AI-generated content and AHPRA-awareness).

8.1 Permitted use

You may use the AHPRA-aware features to help you produce, review, and improve marketing content for an Australian dental practice, allied health practice, or other AHPRA-regulated practice that you own or are authorised to advertise on behalf of.

8.2 Required review of every output

You agree to review every AI-generated draft, audit result, automated QA verdict, and rule citation before publishing it, relying on it, or representing it to a third party. The presence of a "SwayBlu QA passed" tick, an "AHPRA-aware" badge, or a rule citation does not relieve you of the duty to review.

8.3 Restricted uses

You must not:

• represent any SwayBlu output as legal advice, regulator-issued guidance, or as having been approved, certified, or endorsed by AHPRA, the Australian Dental Association, or any state or federal regulator;
• use SwayBlu's AHPRA-aware features as the sole compliance check for high-risk content (for example: cosmetic procedure claims, comparative claims, before/after imagery, or content involving patient information or testimonials) — such content should also be reviewed by a qualified Australian health-law solicitor and/or your professional indemnity insurer;
• run SwayBlu's public AHPRA audit on a third party's website with the intent to publish, distribute, or weaponise the audit result against that party without their consent;
• use SwayBlu's outputs to advertise regulated health services you are not registered, accredited, or otherwise qualified to provide.

8.4 Patient information

The AHPRA-aware features are designed to operate on practice marketing content, not on patient health information. You must not upload patient names, contact details, treatment histories, identifiable patient images, or other personal health information into SwayBlu unless you have a lawful basis and explicit, recorded consent that covers SwayBlu as a processor. SwayBlu will not generate fake or synthetic before/after imagery and will not generate AI-rendered patient images for use as testimonial or treatment evidence.

8.5 Reporting AHPRA-awareness gaps

SwayBlu's rule set is monitored and updated as AHPRA advertising guidance and ADA policy evolve. If you believe a SwayBlu output has missed a likely breach, or flagged a non-breach in error, please email support@swayblu.com. Reports help refine the rule set but do not create any obligation of accuracy, completeness, or timeliness on SwayBlu's part.

8.6 Suspension for misuse

We may suspend or terminate accounts that we reasonably believe are misusing the AHPRA-aware features (for example: running mass audits on competitor websites for public distribution, publishing SwayBlu outputs as regulator-endorsed compliance certifications, or attempting to publish content the QA pass has flagged as high-risk without amendment).

9. Integrations with third-party platforms

When you connect a social platform:

• you authorise SwayBlu to access the data and perform actions permitted by the permissions you grant
• you understand the platform may limit or revoke access at any time
• you agree to comply with that platform's terms and policies

10. Plans, billing, and renewals

If you choose a paid plan:

• fees, billing cycle, and included limits are shown at purchase/checkout
• subscriptions auto-renew unless cancelled before the renewal date
• taxes may apply depending on your location
• fees are non-refundable except where required by law

Free trials (if offered) may convert to paid plans unless cancelled before the trial ends.

11. Suspension and termination

11.1 By you

You may cancel at any time through account settings (if available) or by contacting support.

11.2 By us

We may suspend or terminate access if:

• you violate these Terms
• your use risks harm to the Service, other users, or third parties
• we must do so to comply with law

11.3 Effect of termination

Upon termination:

• your right to use the Service ends
• scheduled posts may be cancelled
• data handling follows our Privacy Policy and Data Deletion page

12. Intellectual property

SwayBlu owns the Service, including software, design, trademarks, and all related IP (excluding Customer Content). You may not copy, modify, distribute, or create derivative works of the Service except as allowed by law.

13. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.

SwayBlu does not guarantee:

• uninterrupted or error-free operation
• that third-party platforms will maintain integrations or API access
• any specific results from scheduling, analytics, or recommendations
• that any AI-generated output, automated check, or audit result is accurate, complete, or compliant with any law, regulation, professional code, or third-party policy — including AHPRA s.133 and the ADA Policy Statement 6.24 (see §7 and §8)

14. Limitation of liability

To the maximum extent permitted by law:

• SwayBlu is not liable for indirect, incidental, special, consequential, or punitive damages
• SwayBlu is not liable for any regulatory penalty, civil claim, or reputational harm arising from content you choose to publish, even if generated by the Service
• SwayBlu's total liability for any claim is limited to the amount you paid to SwayBlu in the 12 months before the event giving rise to the claim (or AUD $100 if you have not paid anything), unless the law requires otherwise

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies consumer guarantees or other rights that cannot be excluded under applicable law.

15. Indemnity

You agree to indemnify and hold harmless SwayBlu from claims arising out of:

• your Customer Content
• content you publish from the Service to any third-party channel
• your violation of these Terms
• your misuse of the Service
• your violation of third-party rights or platform policies
• any regulatory or professional-code matter (including AHPRA proceedings) arising from content you have published

16. Changes to the Service or Terms

We may update the Service and these Terms. If we make material changes, we will update the "Last updated" date and may provide additional notice. Continued use after changes means you accept the updated Terms.

17. Governing law and venue

These Terms are governed by the laws of New South Wales, Australia (excluding conflict of laws rules). Courts located in New South Wales have exclusive jurisdiction, subject to any non-excludable rights under applicable law.

18. Contact