Swyzel Terms of Use

Swyzel Terms of Use & Privacy Policy

Effective Date: July 12, 2025

 

By utilizing this app and associated website, you acknowledge that you have read, understood, and agree to be bound by these Swyzel, LLC ("Platform") Terms of Service ("Terms"). These Terms govern all activities of any app or website user ("Customer"), whether the Customer is one who creates content ("Creator") or one who utilizes content created by Creators ("User").


Please read this document carefully, as it outlines the rules, rights, and obligations related to using this Platform. If you do not agree with these Terms, you may not use the platform.


1. General Information


1.1. Platform Role: Swyzel provides an online and app-based marketplace where Creators can list and sell courses, tutorials, and educational content to Users. This Platform is a facilitator of the transactions between Users and Creators, but is not a party to the transactions. The app provides the tools and environment where Creators can list their courses/tutorials and Users can purchase them. The legal and financial agreement for the sale is directly between the Creator and the User.


1.2. Eligibility: By using this Platform, you confirm that you are at least 18 years old or have reached the age of majority in your jurisdiction.


2. Creator Responsibilities


2.1. Content Ownership: Creators retain ownership of their courses and tutorials but grants Swyzel a license to utilize their content on the Platform as detailed in the Content License Grant.


2.2. Accuracy: Creators are responsible for ensuring that the information provided about their course content is accurate, complete, and not misleading.


2.3. Prohibited Content: Creators may not list or sell any content that includes the following:

  1. Unlawful activity
  2. Pornography
  3. Intellectual property rights infringement
  4. Topics that can cause death or harm
  5. Violations of these Terms or the policies of Swyzel.


2.4. Liability: Creators and Users are solely responsible for the content they post, upload, or share through this Platform. Any legal consequences resulting from User or Creator content are their responsibility alone. Swyzel does not verify or endorse user-submitted content, and Swyzel is not responsible for the actions, opinions, or content of any Creator or User. Swyzel reserves the right, but not the obligation, to remove or restrict content that violates its policies or applicable law.


3. Content License Grant


3.1. License Grant: By submitting, posting, uploading, or otherwise making content available on or through this Platform (including but not limited to text, images, videos, audio, and other materials), the Creator retains ownership of any intellectual property rights that the Creator holds in that content. However, by doing so, the Creator grants Swyzel a non-exclusive, worldwide, royalty-free, transferable, and sub-licensable license to host, use, reproduce, distribute, modify, adapt, publicly display, publicly perform, translate, and create derivative works of the content for the purpose of operating, promoting, improving services, and developing new services.


3.2. License Term: This license continues for as long as the content remains on this Platform. If the Creator deletes the content or their account, the license will generally end. However, the Creator acknowledges that: (1) Some copies of the content may remain in the Swyzel backup systems for a limited period, (2) Content that has been shared, re-posted, or otherwise made available to others may remain accessible if they have not deleted it.


4. Moderation


4.1. Content Oversight: Swyzel reserves the right to monitor, review, and moderate any content uploaded or listed on the Platform, including but not limited to courses, tutorials, descriptions, images, comments, and messages to ensure compliance with these Terms and Policies. Swyzel may remove or disable access to any content, at its sole discretion. While Swyzel is not obligated to notify users before removing content, Swyzel may, at its discretion, provide the affected user with an explanation of the removal decision. Swyzel is not liable for any losses, including revenue or reputational harm, resulting from the moderation or removal of content. If you believe your content was removed in error, you may contact to request a review. Decisions following the appeals process are final and binding.


4.2. Suspensions and Bans:

Swyzel reserves the right to suspend or permanently ban a User or Creator account if it is engaged in any activities that violate these Terms of Service and Policies of this Platform. This includes, but is not limited to:

  1. Posting or selling content that violates intellectual property laws, is illegal, or breaches the Creator Responsibilities.
  2. Engaging in fraudulent activities, including chargebacks or deceptive practices.
  3. Attempting to circumvent service fees or the platform's payment processes.
  4. Harassing, threatening, or abusing other users or Swyzel staff.
  5. Using the platform for purposes other than its intended use (For example: spamming, phishing, or distributing malware).
  6. Providing false or misleading information during Customer registration or in course listings.
  7. Repeated violations of the policies despite prior warnings.


4.3. Process for Suspensions and Bans:

  1. Investigation: Before taking action, Swyzel may investigate reported or detected violations, which may include reviewing account activity and communications.
  2. Notice: For most violations, Swyzel will attempt to notify the User or Creator via the email associated with the account and provide an opportunity to address the issue.
  3. Immediate Action: For severe violations (e.g., illegal activity, threats to security, or endangering other users), Swyzel may suspend or ban the account without prior notice.


4.4. Impact of Suspensions and Bans:

  1. Specific content can be suspended by Swyzel if it fails to meet the Terms of Service. The suspension will last until the content is updated by the Creator or User and approved by Swyzel for publishing.
  2. In the case of an account Suspension, the User or Creator will lose access to the account and all associated data for a designated amount of time.
  3. Any active transactions, including pending course purchases, may be canceled.
  4. In cases of a ban, the User or Creator may not be allowed to re-register or use the Platform under a different account.


4.5. Appeals Process:

If you believe your account or content was suspended or banned in error, you may contact Swyzel at helpcenter200@swyzel.com within 14 days of the action. Provide:

  1. Your account details.
  2. A detailed explanation of why you believe the action was taken in error. Swyzel will review your appeal and provide a final decision within a reasonable timeframe.


4.6. No Liability for Suspensions and Bans: Swyzel is not liable for any loss of revenue, content, or access resulting from a suspension or ban if it is based on a violation of these Terms or our policies.


4.7. Reinstatement:

Accounts may be reinstated at the discretion of Swyzel if the issue is resolved or if the suspension is deemed unwarranted after investigation.


5. Service Fees


5.1. Fee Structure: A service fee will be deducted from all sales before payment is forwarded to the Creator. These fees are necessary to help cover the cost of payment processing, applicable taxes, hosting, maintenance, and development. The App Stores take an additional service fee up to 30% for digital courses. The total service fee taken from each course sale is 50%.


5.2. Non-Negotiability: Service fees are non-refundable and subject to change at the discretion of Swyzel with prior notice.


5.3. Payouts: After the deduction of service fees, a Creator shall receive 50% of the purchase price for each sale of a course they have created. Funds will be forwarded to the Creator's designated bank account within 45 business days of the purchase.


5.4. Failed Payouts: In the event that a payout balance transfer fails due to faulty information provided by the Creator, notifications will be sent to the Creator requesting that they update their bank account and payout settings. If the Creator fails to provide valid and required balance transfer information within 60 days from the first notification of failure, the balance remaining on the account will be forfeited by the Creator.


6. Boost Feature Disclaimer


6.1 Acknowledgements: The Boost feature allows the Creator to select a Boost amount that will increase the visibility of selected content within this Platform. By using Boost, the Creator acknowledges the following:

  1. Swyzel does not guarantee any specific outcome, including but not limited to increased views, engagement, sales, or user interaction.
  2. Boosted content may receive enhanced placement or exposure, but actual results may vary based on factors such as audience behavior, algorithmic changes, and overall platform activity.
  3. The effectiveness of Boost may be influenced by market conditions, competition, and user interest, which are outside of the control of Swyzel.


6.2 Use Agreement: By using the Boost feature, the Creator accepts that all results are not guaranteed and are provided on an "as-is" and "as-available" basis.


7. Refunds and Chargebacks


7.1. No Refunds: All sales are final. Users are responsible for ensuring the course or tutorial meets their needs before purchase.


7.2. Chargebacks: If a chargeback occurs, the chargeback amount and any associated fees will be deducted from the Creator's account balance. If the balance is insufficient, the Creator agrees to reimburse Swyzel for the difference within 30 days.


7.3. Disputes: Creators are responsible for resolving disputes with Users regarding the content, quality, or delivery of their courses.


8. Platform Usage


8.1. License: Swyzel grants Users and Creators a limited, non-exclusive, non-transferable license to access and use the platform for its intended purpose.


8.2. Compliance: Users and Creators agree to comply with all applicable laws and Swyzel policies when using the platform.


8.3. Prohibited Activities: Users and Creators may not engage in activities that harm the platform, other users, or violate these Terms, such as:

  1. Submitting false or misleading information.
  2. Circumventing service fees.
  3. Posting content that goes against the Swyzel content guidelines


9. Termination


9.1. Termination by Swyzel: Swyzel reserves the right to suspend or terminate any account if it violates these Terms or engage in activities that harm the platform or its users.


9.2. Termination by the User or Creator: Users and Creators may terminate their account at any time by contacting Swyzel at helpcenter200@swyzel.com.


10. Limitation of Liability


10.1. Platform Role: Swyzel is not responsible for the content, quality, or delivery of courses listed by Creators.


10.2. Liability Limitation: To the maximum extent permitted by law, Swyzel disclaims all liability for damages arising from the use of the Platform, including but not limited to direct, indirect, incidental, or consequential damages.


11. Copyright


11.1. Ownership: Swyzel allows independent creators to upload and share their own original content. All content, including but not limited to text, images, videos, and audio, is the responsibility of the individual user who posts it. Swyzel disclaims ownership and liability for any content uploaded by user.


11.2. Complaints: Swyzel respects the intellectual property rights of others and expects users of the Platform to do the same. It is the policy of Swyzel to address any valid infringement claims and comply with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Platform, please notify the designated copyright agent for Swyzel. You may report your claim on the page of the infringing course in the app, or email the DMCA Agent at dmca@swyzel.com.


12. Disclaimers


12.1. No Guarantee: Swyzel does not guarantee the sale or success of any course or tutorial listed on the platform.


12.2. As-Is Basis: The Platform is provided "as is" without warranties of any kind, expressed or implied.


13. Governing Law and Dispute Resolution


13.1. Governing Law: These Terms are governed by the laws of Florida, United States.


13.2. Dispute Resolution: Any disputes will be resolved through binding arbitration in Hillsborough County, Florida, USA, unless otherwise required by law.


14. Privacy Policy


Swyzel is committed to protecting your privacy. This Privacy Policy explains how information is collected, used, shared, and safeguarded when using our mobile application and related services. By using the App, you agree to the terms described in this policy.


14.1. Data Collected: When an account is created or Customers interact with our services, we may collect personal information such as your name, email address, username, profile picture, and other details needed to manage accounts. Content the Customer chooses to post—such as text, images, or other media—is stored and may be shared publicly depending on the Customer's privacy settings. Swyzel also collects technical data automatically, including your device type, IP address, operating system, and usage behavior. This information helps Swyzel understand how the app is used and how to improve the services.


14.2. How Data is Used: User and Creator information is used to create and manage accounts, allow content posting and interaction, send communications, enhance our services, and ensure the safety and security of all Customers. Data may also be used to enforce these Terms of Service and comply with legal obligations. Swyzel does not sell your personal data; however, your information may be shared with trusted service providers who assist with operations, or with legal authorities when required by law, or to protect rights and safety. Public posts and information Users and Creators choose to share with others may also be visible to other users of the app.


14.3. Data Security: Swyzel takes data security seriously and implements industry-standard measures to protect personal information. These include encryption during transmission, secure storage practices, and restricted access to data. While we work hard to safeguard Customer information, no system can be guaranteed completely secure.


14.4. User Control: Users and creators may update or delete their information through the account settings, manage who sees their content, or opt out of certain types of communication. If you wish to delete your account or have questions about your data, you can contact us using the contact info herein.


14.5. Age Limit: Services offered by Swyzel are not intended for users under the age of 13 (or the minimum age in your region), and Swyzel does not knowingly collect personal information from children. If personal data is inadvertently collected data from a child, Swyzel will take immediate steps to delete it.


14.6. Outside Links: Occasionally, the Swyzel app and website may contain links to third-party websites or services. Swyzel is not responsible for the privacy practices of these external platforms. Please review their policies before sharing any personal information with those platforms.


15. Changes to These Terms & Privacy Policy


Swyzel reserves the right to update or modify these Terms at any time. Changes will be effective immediately upon posting. Customers will be notified of important changes. Your continued use of the platform constitutes acceptance of the updated Terms.


16. Contact Us


If you have any questions about these Terms or Privacy Policy, please contact Swyzel at helpcenter200@swyzel.com.