Terms of Use

1. Who we are and acceptance of these Terms

Swipy is a music-focused social service operated by Bern Software ("Swipy", "we", "us", or "our"). These Terms of Use govern the Swipy website, mobile applications, APIs, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy.

If you do not agree, do not use the Service. If you use Swipy on behalf of an organization, you confirm that you have authority to bind that organization to these Terms.

2. Eligibility and accounts

You must be at least 13 years old, and old enough to consent to digital services under the law where you live. If local law requires parental or guardian consent, you may use Swipy only after that consent is obtained.

You must provide accurate information, keep your login credentials secure, and promptly notify us of suspected unauthorized access. You are responsible for activity performed through your account unless prohibited by applicable law. One person or entity may not impersonate another or create accounts designed to mislead users.

3. The Service and Spotify content

Swipy lets users share music links, publish captions, follow accounts and hashtags, react, comment, repost, join social features, and receive music recommendations. Features may change as the Service develops.

Swipy is not affiliated with, endorsed by, or sponsored by Spotify. Spotify names, artwork, embeds, links, and playback experiences are provided by Spotify and remain subject to Spotify’s own terms and policies. Swipy processes public Spotify links through Spotify’s public embed functionality; Swipy does not need your Spotify password or Spotify account token for this flow.

4. Your content and permission to operate the Service

You retain ownership of captions, profile material, comments, and other original content you submit ("User Content"). You confirm that you have the rights needed to share it.

You grant Swipy a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, format, display, distribute, and make your User Content available only as needed to operate, secure, improve, and promote the Service. This license ends when the content is deleted, except where copies must remain temporarily in backups, were shared by others in a permitted way, or must be retained for legal or safety reasons.

5. Community rules

You may not use Swipy to do, facilitate, or encourage any of the following:

• Post unlawful, infringing, deceptive, hateful, abusive, sexually exploitative, or seriously harmful material.
• Harass, threaten, dox, impersonate, stalk, or exploit another person, including a minor.
• Spam, manipulate engagement, operate misleading accounts, or use bots and scraping tools without written permission.
• Upload malware, probe security, evade access controls, overload the Service, or interfere with other users.
• Violate copyright, trademark, privacy, publicity, or other rights, including by sharing music or artwork without permission.
• Use the Service for illegal sales, fraud, or activity that creates material risk for Swipy or its users.

6. Moderation and reports

We may review reports and may restrict distribution, hide or remove content, suspend features, or terminate accounts when we reasonably believe these Terms, law, safety, or the rights of others require it. We are not obligated to monitor every item and cannot guarantee that all content will be accurate or appropriate.

You can use in-product reporting and blocking controls. Please use our Contact Us page for legal notices or appeals and include enough information for us to evaluate the request.

7. Paid features and subscriptions

Some mobile features may be offered as auto-renewing subscriptions or other purchases through Apple App Store or Google Play. Price, billing period, trial terms, and included benefits are shown before purchase. Payment, renewal, cancellation, and eligible refunds are administered by the store and its terms. Unless cancelled through your store account before renewal, a subscription may renew automatically.

Deleting Swipy does not automatically cancel a store subscription. Paid badges or benefits may change, but we will not remove a paid entitlement during its purchased period without providing an appropriate remedy where required by law.

8. Swipy intellectual property

The Service, including its software, interface, visual design, trademarks, logos, and non-user content, is owned by or licensed to Swipy and is protected by applicable laws. These Terms give you a personal, limited, revocable, non-transferable right to use the Service. They do not transfer ownership of Swipy intellectual property to you.

9. Third-party services

The Service may link to or rely on third parties such as Spotify, mobile app stores, notification providers, and payment infrastructure. We do not control their independent services, availability, or content. Your use of those services may be governed by separate terms and privacy policies.

10. Availability and disclaimers

We work to keep Swipy reliable and secure, but the Service is provided on an "as is" and "as available" basis to the extent permitted by law. We do not guarantee uninterrupted availability, error-free recommendations, the continued availability of any music link, or that user content is accurate. Nothing in these Terms excludes warranties or consumer rights that cannot legally be excluded.

11. Limitation of liability

To the maximum extent permitted by applicable law, Swipy and Bern Software will not be liable for indirect, incidental, special, consequential, or punitive losses, loss of data, profits, goodwill, or opportunities arising from use of the Service. Our total liability for claims relating to the Service will not exceed the greater of the amount you paid to Swipy during the 12 months before the claim or the minimum amount required by law. These limits do not apply where liability cannot legally be limited.

12. Suspension, deletion, and termination

You may stop using Swipy at any time and may request account deletion through available account settings or Contact Us. We may suspend or terminate access for serious or repeated violations, legal requirements, security risk, or discontinuation of the Service. Provisions that by nature should survive termination, including ownership, licenses already exercised, disclaimers, and liability limits, will survive.

13. Changes and applicable law

We may update these Terms when the Service, law, or our practices change. We will update the effective date and provide additional notice when a material change requires it. Continued use after the change becomes effective means you accept the revised Terms where permitted by law.

These Terms are governed by the laws applicable to the operator of Swipy, without taking away mandatory consumer protections or legal rights available where you live. Courts and authorities with mandatory jurisdiction remain available to you.

14. Contact Us

Questions, legal notices, and support requests can be submitted at https://bernsoftware.com/contact.