SwapmarkEffective 8 May 2026

Terms of Service

Effective 8 May 2026 · Version 2026-05-08

These Terms of Service (“Terms”) are a contract between you and Marquee Co. N.V., a company incorporated in Curaçao (“Swapmark”, “we”, “us”). We operate the website and service available at https://www.swapmark.io (the “Service”). You can reach us at hello@swapmark.io.

1. Your account

You must be at least 16 years old to create an account. By signing up, you confirm you meet this requirement and that the information you give us (email, name) is accurate. You are responsible for keeping your account credentials secure and for everything that happens under your account. Notify us immediately at hello@swapmark.io if you suspect unauthorised access.

2. Acceptable use

By using the Service, you agree to our Acceptable Use Policy. It is part of these Terms. In summary, you must not upload, generate, store, or share through the Service any content that:

  • depicts the sexual abuse or exploitation of minors (CSAM), or sexualises minors in any form;
  • you do not own, are not licensed to use, or that you are not authorised to handle on behalf of a client whose IP rights you manage;
  • infringes any third party's intellectual-property, privacy, or publicity rights;
  • is unlawful, defamatory, harassing, threatening, or constitutes hate speech or incitement to violence;
  • contains malware, exploits, or is intended to compromise our systems or other users.

We may, without notice, suspend or terminate any account we reasonably believe has violated this clause. No refund of any kind (subscription fees, one-time charges, AI tokens, or unused credits) is owed in such cases. Where required by law, we will report illegal content (in particular CSAM) to the relevant authorities and preserve evidence.

3. Your content

You own your content. Nothing in these Terms transfers ownership of your uploaded files, brand assets, swapmarks, or other materials (“Your Content”) to us.

You warrant that for everything you upload:

  • you are the original author and rights-holder;
  • or you hold a sufficient licence (including Creative Commons or other open licences whose terms you are following);
  • or you are managing the IP on behalf of a client who has authorised you to upload it.

Licence you grant us. Solely so we can run the Service for you, you grant us a worldwide, royalty-free, non-exclusive licence to host, store, transmit, transform (e.g. resize, transcode), back up, and display Your Content only to provide the Service to you and the people you share it with. This licence ends when you delete the content or close your account, except for backup copies retained for the period stated in our Privacy Policy.

Your Content is your responsibility. We do not pre-screen uploads. If a third party claims your upload infringes their rights, see our Copyright / DMCA Policy.

4. AI-generated variants

Some features generate image variants using third-party AI providers (currently OpenAI; see the Privacy Policy for the current list). When you generate variants:

  • You own the outputs.As between you and us, the AI-generated variants you create from Your Content are yours, to the maximum extent permitted by applicable law and by the underlying AI provider's terms. You are free to use them commercially.
  • You accept the AI provider's terms in addition to ours when you use AI generation, including their content rules. You are responsible for ensuring your inputs do not violate them.
  • Output is not guaranteed. AI generation can fail, return unusable results, or produce content that resembles other works by coincidence. Used AI tokens are not refundable, including for unsatisfactory outputs (see §6).
  • No legal advice on IP. AI training-data and output-IP law is unsettled in many jurisdictions. We make no warranty that AI outputs are free from third-party claims; you assume that risk.
  • You may not use AI generation to produce content prohibited by §2 or by the Acceptable Use Policy.

5. Subscriptions, one-time purchases, AI tokens

Pricing for plans, add-ons, and AI token bundles is shown on the pricing page and on your billing page. All amounts are in US dollars and exclusive of taxes you may owe in your jurisdiction. During the current phase, payment is invoice-based and processed manually after you contact us; we plan to integrate self-service Stripe checkout in a future release.

6. Cancellation and refunds

  • You may cancel your subscription at any time. Cancellation stops future renewals; access continues until the end of the period you have already paid for.
  • Subscription fees, one-time charges (Solo plan, extra brand, extra swapmark, extra variant), and AI token bundles are non-refundable, including unused portions and unused tokens, except where applicable consumer-protection law requires otherwise.
  • Consumed AI tokens are never refundable, even if the generated output was unsatisfactory.
  • EU consumers' statutory withdrawal right. If you are a consumer resident in the EU, you may have a 14-day right of withdrawal under EU consumer law. You expressly request that we begin the Service immediately upon purchase; you acknowledge that by doing so and using the Service (including consuming AI tokens or accessing paid features) you lose that right under Article 16(m) of Directive 2011/83/EU for digital content supplied without a tangible medium.

7. Service changes, suspension, and termination

We may change, suspend, or discontinue any part of the Service at any time. We may also terminate or suspend your account if you breach these Terms (see §2 for the no-refund consequence) or as otherwise reasonably necessary to protect the Service, our users, or third parties.

You may close your account at any time from the settings page or by emailing hello@swapmark.io. After closure, see the Privacy Policy for retention details.

8. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any content (including AI-generated content) is accurate, lawful in your jurisdiction, or free from third-party rights claims.

9. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability to you for any claim arising out of or relating to the Service or these Terms is limited to the greater of (a) USD 100 or (b) the total fees you have paid us in the twelve months immediately before the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, even if advised of the possibility.

This clause does not limit liability that cannot be limited under applicable law (such as for fraud, gross negligence, death or personal injury caused by negligence, or a consumer's mandatory statutory rights).

10. Indemnity

You will indemnify and hold harmless Swapmark and its officers, employees, and contractors against any third-party claim, damage, or cost (including reasonable legal fees) arising from (a) Your Content, (b) your breach of these Terms, the Acceptable Use Policy, or any law, or (c) your misuse of AI generation.

11. Governing law and disputes

These Terms are governed by the laws of Curaçao, without regard to conflict-of-law rules. Disputes shall be brought exclusively before the competent courts of Curaçao, except that EU and UK consumers retain the protection of mandatory consumer-protection laws of their country of residence and may bring proceedings in their local courts where such mandatory rules require.

12. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify you by email and/or by requiring you to re-accept the updated Terms before continuing to use the Service. The effective date at the top reflects the latest version. Your continued use after the effective date constitutes acceptance.

13. Miscellaneous

If any clause is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms together with the Acceptable Use Policy, Privacy Policy, and DMCA Policy are the entire agreement between you and us regarding the Service.