Terms of use

This page (together with the documents referred to on it) tells you the terms on which you may make use of our app “Sway” (our app). Please read these terms of use carefully before you start to use our app.  By using our app, you indicate that you accept these terms of use and that you agree to abide by them.  If you do not agree to these terms of use, you may not use our app.

Information about us.

Sway is an app produced and operated by SwayTunes ApS.  We are registered in Denmark with a registered office at Platanvej 18 4 27, 1810 Frederiksberg C. Our VAT number is 36463368.

Transactions concluded through our app.

Contracts for the supply of services formed through our app are governed by our Consumer Terms & Conditions By agreeing to these terms of use, should you purchase services from us through our app, you agree that those purchases will be on our terms and conditions of supply.

In the event of any inconsistency between the terms and conditions of supply and these terms of use, the terms and conditions of supply shall take precedence.

Availability of our app.

Availability of our app is on a temporary basis and we reserve the right to withdraw the availability of our app or amend our app without notice (see below).  We will not be liable if for any reason our app is unavailable for download at any time or for any period.

From time to time, we may restrict access to some parts of our app (or the whole of our app) to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our app, you must comply with the provisions of our acceptable use policy below.

You are responsible for making all arrangements necessary for you to have access to the Internet (should you wish to use the features of our app that require Internet access).

Suspension and termination:

We will determine, in our reasonable discretion, whether there has been a breach of these terms of use.  When a breach of these terms of use has occurred, we may take such action as we deem appropriate.  Failure to comply with these terms of use (and particularly the acceptable use policy) may result in our taking any or all of the following actions:

•        immediate, temporary or permanent withdrawal of your right to use our app and/or to download future versions of our app;
•        issue of a warning to you;
•        legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
•        further legal action against you; and/or
•        disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of the acceptable use policy.  The responses described in this policy are not limited and we may take any other action we reasonably deem appropriate. Acceptable use policy You may use our app for lawful purposes.  You may not (as applicable) use our app:
•        in any way that breaches any applicable local, national or international law or regulation;
•        in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
•        for the purpose of harming or attempting to harm minors in any way;
•        to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
•        to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); nor
•        to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree:
•        to abide by any relevant terms and standards imposed by a third party whose services you access via our app (i.g.: Facebook); and
•        not to access without authority, interfere with, damage or disrupt any equipment or network or software owned or used by any third party.

We may from time to time provide interactive services (interactive services) on our app, including, without limitation the ability to link to Facebook and other social media platforms.

Reliance on information posted.

Commentary and other materials posted in our app (if any) are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you (or by anyone who may be informed of any of its contents).

Our app changes regularly.

We aim to update our app regularly and may change the content at any time.  If the need arises, we may suspend access to the Internet via our app or withdraw its availability for download.  Any of the material on our app may be out of date at any given time and we are under no obligation to update such material.

Our liability.

Our app and the material within it are provided without any guarantees, conditions or legal promises (‘warranties’) as to their accuracy or functionality.  To the extent permitted by law, we expressly exclude:
- all conditions, legal promises (‘warranties’) and other terms which might otherwise be implied in any manner;
- any liability for any direct or indirect loss or damage incurred by any user in connection with our app (or in connection with the use, inability to use, or results of the use of our app, any websites linked to it and any materials within it) including, without limitation, any liability for:
- loss of anticipated savings;
- loss of data;

This shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. 

This does not affect our liability for death or personal injury arising from our negligence, our liability for fraud, or any other liability which cannot be excluded or limited under applicable law.

Information about you and your use of our app.

We process information about you in accordance with our Privacy Policy found at our website. By using our app, you consent to such processing and you legally promise (‘warrant’) that all data provided by you to us is accurate.

Uploading material to our app.

Whenever you make use of a feature that allows you to upload material to our app, or to make contact with other users of our app, you must comply with the content standards set out in our acceptable use policy above.  You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our app will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.  We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our app constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our app.

We have the right to remove any material or posting you make on our app if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

Viruses, hacking and other offences.

You must not attempt to gain unauthorized to our servers or any server, computer or database connected to our app nor knowingly attempt to introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our app will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer and/or phone equipment, computer and/or phone programs, data or other proprietary material due to your use of our app or on any website linked to it.

Links from our app .

Where our app contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

Intellectual property rights.

We are the owner or the licensee of all intellectual property rights in our app (and in the material published on it). Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.


We may revise these terms of use in any version of our app.

Jurisdiction and applicable law.

The Danish law will have non-exclusive jurisdiction over any claim arising from, or related to, your use of our app (although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country).

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Danish law.

Your concerns If you have any concerns about material which appears on our app, please contact info@swaytunes.com