Swipade — Terms of Service

Effective date: May 25, 2026 Last updated: May 25, 2026

These Terms of Service ("Terms") are a legal agreement between you ("you" or "User") and Swipade ("Swipade", "we", "us", or "our") governing your access to and use of the Swipade website, mobile-installable web app, APIs, and any related services we provide (collectively, the "Service"). By creating an account, signing in, playing a game, publishing a game, or otherwise using the Service, you agree to these Terms.

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

1. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Service is not intended for children under 13, and we do not knowingly collect personal information from anyone under 13. See our Privacy Policy for details on how to request deletion of an under-13 account.

You also represent that:

• You are not prohibited from using the Service under the laws of the United States or your country of residence.
• You are not on any U.S. government denied-party or sanctions list (e.g., OFAC Specially Designated Nationals).
• You will comply with all applicable U.S. federal, state, and local laws, and the laws of any other jurisdiction from which you access the Service.

2. Your Account

To use most features you must create an account. You agree to:

• Provide accurate information (including a valid email address).
• Keep your account credentials confidential and not share them.
• Promptly notify us at swipade@swipade.com if you suspect any unauthorized access.
• Be solely responsible for all activity that occurs through your account, including activity by anyone you give access to.

We use Supabase to authenticate accounts and may use magic-link or third-party sign-in providers. By signing in you authorize us to receive the minimum profile information necessary (typically email and a stable user identifier) from those providers.

We may suspend or terminate your account at our discretion if you breach these Terms, abuse the Service, or expose us or other users to legal or security risk. We will give notice when reasonable.

3. Your Content

The Service lets you create and share several types of content, including:

• Games you build through the AI builder, including the prompts you submit and the generated HTML.
• Comments and reviews (1–5 star rating plus optional text) on games.
• Profile information — handle, display name, avatar, friend code, and similar fields.
• Plays — every score, duration, and rank you generate.
• Reactions — likes, follows, favorites, friend requests, beat-me challenges.
• Reports of other users or games.

Collectively, all such material is your "User Content." You retain ownership of your User Content. By submitting it to the Service, you grant Swipade a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, transferable license to host, store, reproduce, modify, adapt, publish, translate, distribute, perform, and display your User Content for the purposes of: operating, providing, and improving the Service; marketing, promoting, and advertising the Service and any Swipade product or feature; and complying with legal obligations.

Marketing use of your Games. Without requiring any additional consent from you, Swipade may feature any Game you publish to the Service — including its title, blurb, generated artwork, gameplay footage, screenshots, recorded plays, and creator handle — in marketing materials on any channel (the Service itself, the marketing site, social media, app store listings, paid advertising, press materials, partner integrations, and offline collateral). You may request that Swipade stop featuring a specific Game by emailing swipade@swipade.com; we will remove the Game from active campaigns within a commercially reasonable time, but copies already published to third-party channels (e.g., social posts already shared by viewers, ads already scheduled, app-store-cached screenshots) may persist beyond our control.

You also grant other users of the Service the limited rights described in Section 4 (Remixing) to copy and adapt any Game you publish.

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit.
• Your User Content does not violate any third party's rights (including copyright, trademark, publicity, or privacy rights).
• Your User Content does not violate Section 5 (Acceptable Use).

We may, but are not obligated to, review, screen, or remove User Content at our discretion. Removal of User Content does not constitute an admission of wrongdoing.

4. Remixing

The Service includes a "Remix" feature that lets one user fork another user's published game as a starting point for their own game. By publishing a game on Swipade you grant every other user a non-exclusive, royalty-free license to copy the full HTML source of that published version as the basis for their own remix, and to modify, build upon, and re-publish the resulting work as their own game.

You retain ownership of the unremixed original. Remixes are credited via Swipade's remix tree feature where reasonably feasible. You may not remove or alter any attribution metadata Swipade attaches to a remix.

If you do not want your game to be remixable, do not publish it. Once published, a remix license cannot be revoked from copies that have already been made.

5. Acceptable Use

You agree NOT to use the Service to:

• Violate any law, regulation, or third-party right.
• Post content that is unlawful, defamatory, harassing, threatening, hateful, discriminatory, sexually explicit, or that exploits minors.
• Publish a game whose payload (or prompts that produce that payload) attempts malware delivery, cryptojacking, phishing, fingerprinting beyond what the platform itself does, or any form of unauthorized data collection.
• Bypass, disable, or interfere with security features of the Service, including but not limited to: tampering with score-validation tokens, fabricating play scores, evading rate limits, brute-forcing friend codes, replaying captured requests, or attempting to access another user's account.
• Reverse-engineer or attempt to recover the un-obfuscated source of game HTML that the Service serves to players. The original source is provided to creators in the builder and to remixers under the Remix license in Section 4; you may not extract it from a played game and pass it off as your own.
• Scrape, crawl, mirror, or systematically download Swipade content except through APIs we publicly document.
• Send any unsolicited messages, spam, or chain communications through Swipade messaging features.
• Impersonate any person or entity, or misrepresent your affiliation with anyone.
• Use the Service to develop a competing product by aggregating Service data.
• Submit AI-generation prompts that intentionally seek to produce content that would violate this Section 5 if produced by a human.

We may report serious violations to law enforcement.

6. AI-Generated Content

The Service uses third-party large-language models (currently including, without limitation, models from Anthropic and Google) to generate game HTML, art, suggested season themes, and similar artifacts in response to your prompts.

You acknowledge that:

• AI output is probabilistic. Generated games may contain bugs, accessibility issues, or stylistic inconsistencies. You are responsible for reviewing and testing any game you publish.
• AI output may resemble existing copyrighted works coincidentally. You are responsible for verifying that any game you publish does not infringe a third party's rights.
• AI providers may log prompts and outputs subject to their own terms. We send only the minimum prompt content necessary to fulfill your request, and we do not send your account email, password, or unrelated content.
• We do not warrant that AI output is suitable for any particular purpose.

7. Points and Wallet

The Service includes a virtual Points wallet that records in-game currency earned through gameplay payouts, entry costs, and similar internal economy events.

Points have no cash value, are not redeemable for money or other goods or services outside the Service, and cannot be transferred between accounts except through Service-provided mechanisms. We may at any time, with or without notice, adjust Point balances, payout formulas, entry costs, or remove specific Point transactions to correct errors, prevent fraud or abuse, or refund a play that was rejected by our anti-cheat checks.

Points are non-refundable if your account is suspended or terminated for a violation of these Terms, and we make no commitment to preserve Points indefinitely if the Service is discontinued.

8. Paid Features and Subscriptions

The Service may offer paid features (for example, increased AI build limits or pro tooling) on a subscription or one-time basis. If you purchase a paid feature:

• Prices are shown at the point of purchase and may change with notice.
• Subscriptions auto-renew at the then-current price until cancelled in your account settings, unless local law requires otherwise.
• Cancellations take effect at the end of the current billing period; you keep access until then.
• Refunds are at our discretion except where required by law (e.g., specific state-law cooling-off rights). Statutory consumer rights are not waived. See the full Refund Policy for the limited exception list, regional consumer-law notes, and how to request a refund.

9. Termination

You may delete your account at any time from the in-app profile settings; if a self-serve option is unavailable, email swipade@swipade.com and we will process the deletion request.

We may suspend or terminate your access to all or part of the Service at any time if you breach these Terms, if continued service exposes us or other users to legal or security risk, or if we discontinue the Service. We will give reasonable notice when feasible.

After termination:

• The license you granted in Section 3 survives for the limited purposes of (a) games you published that other users have remixed, and (b) anonymized, aggregated, or platform-statistical content already derived from your User Content.
• Sections 3 (your representations), 5–6 (acceptable use, AI disclaimers), 7 (points: non-refundability), 10–17 (everything from IP through Governing Law) survive termination.

10. Intellectual Property

The Service itself — including all software, design, brand, logos, the name "Swipade," the visual design system, all art generated by us (e.g. stamp medallions and platform iconography), the curated season catalog, the system prompts used for AI generation, the obfuscation logic, and all aggregated, anonymized, or derived data — is owned by Swipade and its licensors and is protected by U.S. and international copyright, trademark, and other intellectual-property laws.

Nothing in these Terms grants you any right in our trademarks or brand. You may not use the Swipade name or logo without our prior written permission, except for nominative fair use (e.g., "made on Swipade") in the context of a game you legitimately published.

11. DMCA — Notice of Copyright Infringement

We respect the rights of copyright owners. If you believe content on the Service infringes your copyright, send a written notice to our DMCA agent that includes all of the following, as required by 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of the owner or authorized agent.
2. Identification of the copyrighted work claimed to be infringed.
3. Identification of the material claimed to be infringing and reasonably sufficient information to locate it on the Service (e.g., the game URL).
4. Your contact information (address, phone number, and email).
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf.

Send the notice to swipade@swipade.com.

We may, at our discretion, remove or disable access to material claimed to be infringing, terminate the accounts of repeat infringers, and follow the counter-notification procedure in 17 U.S.C. § 512(g) for users whose content is removed.

12. Third-Party Services

The Service interacts with or is delivered through third-party services, including but not limited to Supabase (hosting and authentication), Vercel (hosting, edge cache, and key-value store), Anthropic (AI generation), and Google (AI generation, fonts). These third parties have their own terms and privacy policies. Your use of the Service is also subject to those terms where they govern the underlying functionality.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SWIPADE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF — OR INABILITY TO USE — THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE AND THESE TERMS WILL NOT EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS ($100) OR (b) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Some jurisdictions do not allow the exclusion or limitation of certain damages; the limitations above apply only to the extent permitted by applicable law.

15. Indemnification

You agree to defend, indemnify, and hold Swipade and its officers, directors, employees, contractors, agents, and affiliates harmless from any claim, demand, loss, damage, expense, or liability (including reasonable attorneys' fees) arising out of (a) your User Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any third-party right, including intellectual-property, publicity, or privacy rights.

16. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

You and Swipade agree to first try to resolve any dispute informally. Email swipade@swipade.com describing the dispute and the resolution you seek. If we cannot resolve it within sixty (60) days, either party may begin formal proceedings as follows.

Arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in the U.S. state where you reside (or, if you are not a U.S. resident, in Wilmington, Delaware), and the arbitrator's decision is final and binding except as provided by the Federal Arbitration Act.

Class-action waiver. YOU AND SWIPADE EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Exceptions. Either party may bring an individual action in small-claims court if it qualifies. Either party may also seek injunctive relief in court for actual or threatened infringement of intellectual-property rights, or to address unauthorized access to or use of the Service.

Opt-out. You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing swipade@swipade.com with "Arbitration Opt-Out" in the subject line. An opt-out does not affect any other provision of these Terms.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. For any dispute not subject to arbitration under Section 16, you and Swipade consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes we will notify you (for example, by an in-app notice, an email to the address on file, or a notice on the marketing site) at least seven (7) days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

19. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Swipade regarding the Service.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Notices. We may give you notice through the Service or to the email address on file. Notices to us must be sent to swipade@swipade.com.

20. Contact

Questions about these Terms? Email swipade@swipade.com.