These Terms of Use ("Terms") govern your access to and use of Swish, an iOS app operated by CINNY ("CINNY", "we", "us", or "our"). By creating an account, accessing Swish, or using Swish, you agree to these Terms. If you do not agree, do not use Swish.
Swish is a social guide app that lets users create, save, share, publish, and explore guides. Guides may include text, images, checkboxes, warnings, steps, and other user-generated content. Swish allows users to publish guides publicly or keep guides private, where those features are available. Swish does not provide user comments or direct messaging.
You must be at least 13 years old, or the minimum age required in your country to use online services, to use Swish. If you are under the age required in your country, you may only use Swish with permission from a parent or legal guardian.
You must not use Swish if:
Swish uses Sign in with Apple as its sign-in method. You are responsible for keeping your device, Apple account, and Swish account secure. You are responsible for activity that occurs through your account, except where the activity is caused by our breach of these Terms or applicable law.
You must provide accurate information where Swish asks you to provide account or profile details. You must not impersonate another person, misrepresent your identity, or create accounts for deceptive or abusive purposes.
Your use of Swish is also governed by our Privacy Policy. The Privacy Policy explains how Swish collects, uses, stores, shares, and deletes information, including account information, guide content, uploaded images, search activity, notification tokens, Firebase data, and account deletion information. You should read the Privacy Policy carefully before using Swish.
"User Content" means content that users create, upload, publish, save, share, or otherwise provide through Swish. This includes guides, text, images, profile information, guide steps, warnings, checkboxes, titles, descriptions, tags, and other materials.
You are responsible for your User Content. You must only upload or publish User Content that you own, have permission to use, or are legally allowed to use. You must not upload content that infringes copyright, trade marks, privacy rights, publicity rights, confidentiality rights, or any other rights of another person. You keep ownership of the User Content you create, subject to the licence you grant us below.
When you create, upload, publish, or otherwise provide User Content through Swish, you grant CINNY a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, publish, distribute, resize, crop, format, cache, transmit, and otherwise use that User Content as reasonably necessary to operate, provide, improve, promote, secure, and support Swish.
This licence allows us to:
For private guides, this licence is limited to what is reasonably necessary to operate, secure, back up, and support Swish. If you delete content or make a guide private, we will stop making it publicly available through Swish where technically possible, subject to backups, logs, moderation records, legal obligations, and copies or screenshots outside our control.
Swish may allow you to choose whether a guide is private or published. Private guides are intended to be visible only to you, subject to necessary access by our systems and service providers. Published guides may be visible to other users and may appear in search, explore, profiles, saved guides, and sharing features.
If another user saves your published guide, that does not transfer ownership of the guide to them. If you make the guide private, delete the guide, or delete your account, Swish may remove the guide from other users' saved guides. We cannot control content that another user has already copied, screenshotted, exported, cached, or shared outside Swish before the content was made private or deleted.
Swish has no tolerance for objectionable content or abusive behaviour. You must not create, upload, publish, share, search for, or promote content or behaviour that includes or encourages:
We may remove content, restrict distribution, hide guides from search or explore, suspend accounts, terminate accounts, or take other action where we believe these rules have been breached.
Swish may provide tools to report guides, report users, and block users. You can also contact us at Support@cinny.com.au about content, safety, abuse, privacy, or account issues.
We may review reports and take action where we consider it appropriate. Actions may include removing content, limiting visibility, warning a user, suspending an account, terminating an account, or reporting serious matters to relevant authorities. We are not required to monitor all User Content before it is posted. You must not abuse the reporting system, submit false reports in bad faith, or use reporting to harass another user.
Swish may allow users to search for and explore published guides, profiles, categories, tags, or other public content. Search and explore results may be influenced by relevance, popularity, freshness, safety, moderation actions, account status, user settings, technical performance, and other factors. We do not guarantee that any guide will appear in search or explore, or that search results will be complete, accurate, or available at all times.
If you allow notifications, Swish may send notifications about app activity, guide updates, saved guides, reminders, social activity, account activity, safety, or service updates. You can turn off notifications in your device settings.
Swish may request access to your photo library so you can select images to upload to guides. You must only upload images that you have the right to use. Swish may request camera access if you choose to use eye-tracking features. Eye tracking is processed on your device. Swish does not upload or store camera footage, facial images, biometric templates, gaze data, or eye-tracking data on its servers. You can manage camera and photo library permissions in your device settings.
You must not:
If you believe content on Swish infringes your copyright, trade mark, or other intellectual property rights, contact us at Support@cinny.com.au. Your complaint should include:
We may remove or restrict content that we believe infringes another person's rights. We may suspend or terminate accounts that repeatedly infringe intellectual property rights.
Swish, including its software, design, branding, logos, interface, features, databases, systems, and other materials, is owned by CINNY or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use Swish for your own personal, non-commercial use on Apple-branded devices that you own or control, as permitted by Apple's applicable usage rules. You must not copy, modify, distribute, sell, lease, reverse engineer, or exploit Swish or our intellectual property except as allowed by these Terms or applicable law.
Swish uses third-party services, including Apple services and Firebase / Google Cloud services, to provide app functionality. Your use of Swish may also be subject to third-party terms, policies, or platform rules, including Apple's App Store terms and device usage rules. We are not responsible for third-party services, networks, outages, policies, or actions that are outside our reasonable control.
These Terms are between you and CINNY, not Apple. Apple is not responsible for Swish, User Content, maintenance, support, claims, investigations, intellectual property claims, product liability claims, or legal compliance relating to Swish, except to the extent required by applicable law.
Apple and its subsidiaries are third-party beneficiaries of these Terms. After you accept these Terms, Apple has the right to enforce these Terms against you as a third-party beneficiary. Your licence to use Swish is limited to use on Apple-branded products that you own or control, as permitted by Apple's applicable usage rules.
We may update, modify, suspend, restrict, or discontinue Swish or any feature at any time, subject to applicable law. We may change how guides, saved guides, search, explore, profiles, notifications, moderation, storage, or other features work. We do not guarantee that Swish will be uninterrupted, error-free, secure, or available at all times.
We may suspend, restrict, or terminate your account, remove content, or limit access to Swish if we reasonably believe you breached these Terms or our Community Guidelines, your content or behaviour creates legal, safety, security, or operational risk, your account is being used for spam, abuse, fraud, impersonation, infringement, or other misuse, or we are required to do so by law or platform requirements.
Where appropriate, we may notify you of the reason for the action. However, we may not provide notice where doing so would create legal, safety, security, fraud prevention, or operational risk. You may stop using Swish at any time and may delete your account using the in-app deletion feature or by contacting us at Support@cinny.com.au.
If you delete your account, Swish will delete or de-identify your account information and associated data from active systems, including your guides and images stored in Firebase Storage, unless we are required or permitted to retain certain information for legal, safety, fraud prevention, dispute resolution, enforcement, or security reasons.
Account deletion may remove your guides from other users' saved guides where technically possible. Some information may remain in backups, logs, moderation records, security records, or legal records for a limited time. Backups and logs are retained for up to 30 days unless a longer period is required. Deleting Swish from your device does not automatically delete your account.
Guides on Swish are created by users. We do not guarantee that user-created guides are accurate, complete, safe, lawful, suitable, or up to date. You are responsible for deciding whether to follow any guide. You should use your own judgment and seek professional advice where appropriate, including for medical, legal, financial, fitness, safety, technical, travel, or other high-risk topics. You must not rely on Swish or user-created guides as a substitute for professional advice.
To the maximum extent permitted by law, Swish is provided on an "as is" and "as available" basis. We do not make promises that Swish will be uninterrupted, error-free, secure, accurate, suitable for your needs, or free from harmful components. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, or protection that cannot be excluded, restricted, or modified under applicable law, including the Australian Consumer Law.
To the maximum extent permitted by law, CINNY is not liable for indirect, incidental, special, consequential, exemplary, or punitive loss or damage, including loss of profits, loss of data, loss of goodwill, loss of opportunity, or business interruption.
To the maximum extent permitted by law, CINNY's total liability arising out of or relating to Swish or these Terms is limited to the greater of the amount you paid to use Swish in the 12 months before the claim, or AUD $100. This limitation does not apply to liability that cannot be limited or excluded under applicable law.
To the maximum extent permitted by law, you agree to indemnify CINNY against claims, losses, liabilities, damages, costs, and expenses arising from your User Content, your breach of these Terms, your misuse of Swish, your infringement of another person's rights, or your unlawful conduct. This indemnity does not apply to the extent the claim is caused by CINNY's breach of these Terms, negligence, wilful misconduct, or violation of applicable law.
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify users, such as through Swish, by email, or by updating the "Last updated" date and "Version" number. Your continued use of Swish after updated Terms become effective means you accept the updated Terms, to the extent permitted by law. If you do not agree to the updated Terms, you must stop using Swish and may delete your account.
These Terms are governed by the laws of New South Wales, Australia, except where the laws of another location must apply because of mandatory consumer protection or other applicable law. You and CINNY submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
For questions, reports, complaints, account issues, safety issues, or legal notices, contact us at:
CINNY
Email: Support@cinny.com.au
Country: Australia