terms of service

Last updated: September 1, 2026

These Terms of Service (“Terms”) govern your use of the Sway platform and related services operated by Disagree Wisely, Inc., a Florida nonprofit corporation. By using the Service, you agree to these Terms.

Definitions

1. Eligibility

You must be at least 13 years old and located in the United States to use the Service. If you are under 18, you must have permission from a parent or guardian. If local law sets a higher digital‑consent age, that age applies.

Account Security

You are responsible for maintaining the security of your account credentials and for all activities under your account. Your credentials are for your use only: do not share them or allow anyone else to access the Service through your account. Notify us immediately of any unauthorized use.

2. Account Registration

You may use Sway either as a guest (providing only a first name) or by creating an account with an email and password. Guest sessions may expire after a specified period.

Accurate Information

You agree to provide accurate information and keep your account information current. Creating fake accounts or impersonating others is prohibited.

3. The Service

Sway facilitates text-based discussions between users, which may be supported by AI moderation and guidance. We reserve the right to modify, suspend, or discontinue features at any time.

Platform Neutrality

We act as a neutral platform for user communications. We do not endorse, control, or take responsibility for User Content or the views expressed by users.

Content Moderation

We may use automated systems and human moderators to review content, but we cannot guarantee all harmful content will be detected or removed. Our moderation decisions are made in good faith but may not be perfect.

Service Availability

We provide the Service on an “as available” basis. We do not guarantee continuous, uninterrupted access and may modify or discontinue features without notice.

4. User Content

Your Rights

You retain ownership of content you create. However, by using the Service, you grant us certain rights to use your content as described below.

License of User Content to Disagree Wisely

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your User Content to:

• Operate and improve the Service
• Provide customer support
• Comply with legal obligations
• Conduct research and analytics (in anonymized form)

This license ends when you delete your content or close your account, except for content that has been de-identified and shared with others or is necessary for legal compliance.

Data Use for AI Training

Your data are never used by our AI providers, OpenAI and Anthropic, to train their models. We may use anonymized and aggregated data from user interactions to improve the Service’s AI systems and conduct research. We do not use personally identifiable information for AI training.

Your Responsibility

You are responsible for your User Content and must ensure it complies with these Terms and applicable laws.

Backup and Deletion

We keep backups of content for operational and legal purposes. When you delete your account or your content, we remove it from live systems immediately, and from all retained backups within 60 days.

5. Acceptable Use

You agree not to use the Service to:

• Violate laws or regulations
• Harass, threaten, or abuse others
• Use the service to transmit child sexual content
• Share illegal, harmful, or offensive content
• Impersonate others or create fake accounts
• Interfere with the Service's operation
• Use bots, scrapers, or other automated tools without our written permission
• Collect user data without consent
• Systematically collect, extract, or archive content from the Service — including Guide's responses, chat transcripts, quizzes, or reports — whether by automated or manual means
• Use the Service, or any output of the Service, to develop, train, fine‑tune, evaluate, or improve any artificial‑intelligence model, or any product or service that competes with the Service
• Attempt to discover or extract the Service's underlying prompts, instructions, or configurations — including through prompt‑injection techniques or by scripting or playing both sides of a conversation
• Publish or distribute benchmarks or comparative evaluations of the Service without our prior written consent
• Circumvent rate limits, access restrictions, or other technical protection measures
• Engage in commercial activities without authorization
• Share malware or harmful code
• Violate intellectual property rights

Content Moderation

We reserve the right to remove content or suspend accounts that violate these Terms. Our AI systems may make initial moderation decisions, which can be reviewed by human moderators upon request.

Reporting Violations

Users can report content that violates these Terms through our reporting system. We investigate reports promptly but cannot guarantee specific response times.

Copyright Protection

To report copyright infringement, contact our DMCA agent:

6. Intellectual Property

Protection of the Service

The Service, including its software, designs, text, graphics, interfaces, logos, prompts, instructions, configurations, evaluation methods, and analytic systems, is protected by copyright, trademark, trade‑secret, and other applicable laws. All rights not expressly granted in these Terms are reserved.

Permitted Use

Subject to these Terms, you may access and use the Service solely for its intended purpose. This permission is limited, non-exclusive, non-transferable, and revocable. No ownership or other intellectual‑property rights are transferred to you. You may not:

• Redistribute or resell the Service
• Modify the Service or create derivative works from it
• Use automated data‑extraction methods
• Reverse engineer software made available through the Service or attempt to derive its underlying prompts, instructions, model configurations, or training data
• Use the Service or its outputs to train, fine‑tune, or evaluate any machine‑learning model, or to build or improve a competing product or service

Confidential Technology

The Service incorporates nonpublic technical and operational materials, including the design of Guide's facilitation behavior, prompts and instructions, evaluation methods, and analytic systems. Nothing in these Terms or in your use of the Service grants you any right to obtain, extract, reproduce, or disclose those materials.

Names and Marks

These Terms do not grant you any right to use “Sway” or any name, logo, or mark associated with the Service. You may use them only as permitted by law or with prior written authorization.

7. AI Features

The Service includes AI-powered features for discussion facilitation and content moderation. These systems are provided “as is” and may not always be accurate or appropriate.

Third-Party AI Services

Our third-party AI partners (OpenAI and Anthropic) process your messages according to their own data handling practices, and neither uses your data to train their models. Anthropic normally powers Sway's discussion Guide, and we hold a Zero Data Retention arrangement with Anthropic: your messages are not stored by Anthropic once it has responded. OpenAI stands in for the Guide when Anthropic is unavailable. With OpenAI, data sent through the API may be retained for a limited period for abuse monitoring and is then deleted; we are pursuing the same zero-retention arrangement there. Either provider may retain data for longer where required by law, or where their own safety systems flag a conversation for review.

Professional Advice Disclaimer

AI-generated content is for informational purposes only and does not constitute professional advice. Consult qualified professionals for legal, medical, financial, or therapeutic guidance.

8. Third-Party Services

We may integrate with third-party services (such as SMS providers). Your data shared with these services is subject to their terms and privacy policies. We are not responsible for third-party practices or service availability.

9. Privacy and Security

Data Protection

We implement strong security measures to protect your data, but no system is completely secure. You should not share highly sensitive information through the Service.

Privacy Policy

Our Privacy Policy describes how we collect, use, and protect your information. By using the Service, you agree to our privacy practices.

10. Termination

Your Right to Terminate

You may close your account at any time through your account settings or by contacting us.

Our Right to Terminate

We may suspend or terminate accounts for violations of these Terms, inactivity, legal requirements, or other operational reasons. We will provide notice when reasonably possible.

Effect of Termination

Upon termination, your access ends and we may delete your account data. However, some provisions of these Terms continue to apply, including intellectual property rights, disclaimers, and limitation of liability.

11. Disclaimers

Content Accuracy

We do not warrant the accuracy, reliability, or completeness of User Content, AI-generated content, or third-party information.

User Behavior

We cannot control user behavior and do not warrant that users will comply with these Terms or be truthful about their identities.

Service Availability

We do not guarantee continuous service availability. The Service may experience interruptions, delays, or technical issues.

12. Limitation of Liability

Our total liability for any claims related to the Service will not exceed the greater of $100 or the amount you paid us in the past 12 months.

Specific Exclusions

We are not liable for:

• Actions or content of other users
• Loss of data or business interruption
• Third-party service failures
• AI system errors or inappropriate responses
• Security breaches beyond our control

Time Limitation

Claims must be brought within two (2) years of when the claim arose, or they will be barred.

13. Indemnification

You agree to indemnify and hold harmless Disagree Wisely, Inc. from claims arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of others' rights

This includes reasonable attorneys' fees and costs. We will notify you of any such claims and may assume control of the defense.

14. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice through the Service or by email. Continued use after changes take effect constitutes acceptance.

Notice Methods

We may provide notice by:

• Posting updates on the Service
• Sending email to your registered address
• In-app notifications

Rejecting Changes

If you do not agree to revised Terms, you may close your account before the changes take effect.

15. Governing Law and Dispute Resolution

These Terms are governed by Florida law, excluding conflict-of-law principles. Any disputes will be resolved in the state or federal courts of Florida.

Informal Resolution

Before filing any lawsuit, you agree to try to resolve disputes informally by contacting us first.

Individual Claims Only

You agree to resolve disputes on an individual basis and waive rights to participate in class actions or representative proceedings.

Arbitration Option

Either party may elect to resolve disputes through binding arbitration under the American Arbitration Association's Consumer Rules, conducted in Florida.

16. General Provisions

Entire Agreement

These Terms, along with our Privacy Policy, constitute the complete agreement between you and Disagree Wisely, Inc.

Severability

If any provision is found unenforceable, it will be modified to be enforceable or removed, while the rest of the Terms remain in effect.

Assignment

You may not assign these Terms without our consent. We may assign these Terms, together with our contractual rights and obligations as operator of the Service, to another entity.

Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

Export Controls

You may not use the Service in violation of U.S. export laws or regulations.

17. Contact Information

Questions about these Terms? Contact us at: