Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the SwayByte website, platform, applications, studios, tools, content and related services (collectively, the “Services”).

By creating an account, purchasing a subscription, buying credits, using any studio, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Company Information

SwayByte is owned and operated by OmniRogue.com (OmniRogue Inc.) (“OmniRogue,” “Company,” “we,” “us,” or “our”). References in these Terms to SwayByte are references to the Services operated by OmniRogue Inc. under the SwayByte brand.

Business Address

OmniRogue Inc.
400 N Tampa St Ste 1550 #767523
Tampa, FL 33602-4719
United States

Customer Support

Email: support@swaybyte.com
Billing and account management: available from your account billing page once signed in.

2. Eligibility and Age Requirements

You must be at least eighteen (18) years old, or the age of legal majority in your jurisdiction, to create an account, purchase a subscription, buy credits, use unlimited-access features, or otherwise use the Services.

By using the Services you represent and warrant that you meet this age requirement and have the legal capacity and authority to enter into a binding contract with us.

If you use the Services on behalf of a company, agency, enterprise customer, reseller, affiliate, connected account or other organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

3. Customer Support Response Time

For billing, cancellation, access, payment or technical support, contact support@swaybyte.com.

We aim to respond to support requests within 1–3 business days. For urgent billing issues, please include the email address used at purchase, the charge date, the amount charged, the last four digits of the payment card if available, and the billing descriptor shown on your statement.

If you do not recognise a charge, please contact us before initiating a bank dispute so that we can help identify or resolve the transaction.

4. Description of Services

SwayByte is a software-as-a-service platform providing consumers, creators, businesses, agencies and enterprise customers with access to artificial-intelligence generation and editing tools, including video generation, image generation and editing, voice and audio generation, agent workflows, knowledge bases, an asset library and an editing timeline (each a “Studio” and collectively the “Services”).

The Services are provided on a subscription and/or credit basis. Features, studios, models, limits and availability may change over time as described in these Terms.

5. Digital Delivery Policy

All Services are digital. Access is provisioned to your account immediately or shortly after a successful payment is processed, and is delivered electronically through your account on this website.

No physical goods are shipped. Delivery is deemed complete when access is enabled on your account, regardless of whether you subsequently use the Services.

6. No Shipping or Physical Returns

Because the Services are entirely digital, there is nothing to ship and nothing to return. Any remedy is handled as a cancellation, credit or refund under the Cancellation Policy and Refund Policy below, not as a physical return.

7. Parties to Transactions, Merchant of Record and Payment Routing

For purchases made directly from SwayByte, OmniRogue Inc. is the seller of record and merchant of record unless the checkout page, receipt, billing descriptor, invoice, order confirmation or a written agreement expressly states otherwise.

SwayByte is a brand operated by OmniRogue Inc. and is not a separate contracting entity. Your contract for the Services is with OmniRogue Inc.

Where the Services are made available through a white-label partner, reseller, connected business, enterprise customer, agency, affiliate, third-party brand or connected payment account, the applicable checkout page, receipt, billing descriptor, order confirmation, connected account, partner page or written agreement may identify a different seller of record, merchant of record, business name, DBA or payment processor.

We use approved third-party payment processors, including Stripe and other approved providers. Where connected accounts are used, the connected account may maintain its own relationship with the payment processor, its own dashboard, business information, statement descriptor and customer-facing obligations.

8. Billing Descriptor

Charges for purchases made directly from SwayByte appear on your card or bank statement with a SWAYBYTE billing descriptor.

Purchases made through a partner, reseller, connected account or white-label brand may display that party's descriptor instead. The descriptor applicable to your purchase is shown at checkout and on your receipt.

9. Plans, Pricing, Credits and Purchases

Current plans, prices, credit allowances and inclusions are published on our Pricing page and are shown again at checkout before payment. The price, billing frequency and inclusions displayed at checkout govern your purchase.

All prices are stated in United States dollars unless expressly stated otherwise, and are exclusive of applicable taxes.

We may change prices, plan inclusions and credit allowances prospectively. Changes do not affect a billing period you have already paid for. Where a change affects your renewal price, we will notify you before that renewal at the email address on your account.

Promotional pricing, introductory pricing and discounts apply only for the period stated at checkout, after which standard pricing applies unless you cancel. Questions about pricing can be sent to support@swaybyte.com.

10. Credits and Usage-Based Services

Credits are the internal unit of account used to meter generation across the Services. Credits have no cash value, are not legal tender, are not redeemable for cash and are not transferable between accounts except where we expressly permit it.

The credit cost of a job depends on the studio, model, resolution, duration and options selected, and is displayed before the job is submitted. Credit costs may be adjusted prospectively as underlying provider costs and model availability change.

Plan credits refresh at the start of each billing period and do not roll over unless your plan expressly states otherwise. Separately purchased credit packs are consumed after plan credits and remain available as stated at the time of purchase.

Credits consumed by a successfully completed generation are used and are not restored, including where you are dissatisfied with the creative result. Where a job fails due to a fault on our side, we restore the credits consumed by that job.

11. Subscriptions, Auto-Renewal and Ongoing Billing Consent

Subscriptions are recurring. By purchasing a subscription you authorise us and our payment processors to charge your payment method on a recurring basis, at the interval and amount shown at checkout, until you cancel.

Subscriptions renew automatically at the end of each billing period. The renewal date and amount are shown on your account billing page at all times.

You are responsible for keeping a valid payment method on file. If a payment fails we may retry it, and may suspend or downgrade access until payment succeeds.

You may withdraw your ongoing billing consent at any time by cancelling, as described below.

12. Free Trials and Promotional Offers

Where a free trial or promotional offer is made available, the trial length, what it includes and the price that applies afterwards are disclosed at checkout.

Unless you cancel before the trial ends, the subscription converts automatically to a paid subscription at the disclosed price and continues to renew until cancelled.

Trials and promotional offers are limited to one per person, household, business or payment method unless expressly stated otherwise.

13. Cancellation Policy

You may cancel at any time. There is no cancellation fee and no retention process to complete.

Online Cancellation

Sign in and cancel from your account billing page. Cancellation is effective immediately on submission and is confirmed by email.

Email Cancellation

Email support@swaybyte.com from the address on the account, stating that you wish to cancel. We will action the cancellation and confirm by reply. Email cancellations are effective from the date we receive your request.

Effect of Cancellation

Cancelling stops the next renewal. Access continues until the end of the billing period you have already paid for, after which the subscription ends and recurring billing stops. Cancellation alone does not generate a refund of amounts already charged; refunds are governed by the Refund Policy below.

14. Refund Policy

We would always rather resolve a problem than lose a customer over one. If something has gone wrong with a charge, contact support@swaybyte.com before opening a bank dispute.

Subscriptions

Subscription fees are charged for the period ahead. If you contact us within 7 days of an initial charge or a renewal charge and have made no material use of the Services in that period, we will refund that charge in full. Beyond that window, subscription charges for the current period are generally non-refundable, and cancellation prevents future charges. We may make exceptions at our discretion.

Credits and Usage Packages

Separately purchased credit packs are refundable in full while unused. Once credits have been consumed, the consumed portion is non-refundable because the underlying generation has already been performed and paid for.

Unlimited-Access Features

Where a plan or feature is sold on an unlimited-access basis, refunds follow the subscription rules above.

Lifetime Access

Lifetime or one-time-payment offers, where made available, are refundable within 14 days of purchase provided use has not been material. After that period they are non-refundable.

Deposits

Deposits paid against a custom, enterprise or bespoke engagement are non-refundable once work has commenced, except as required by law or as set out in the applicable written agreement.

Enterprise, White-Label, Reseller and Partner Licences

Refunds for enterprise, white-label, reseller and partner arrangements are governed by the applicable written agreement and, where that agreement is silent, are non-refundable once access has been provisioned.

Legal Exceptions

Nothing in this Refund Policy limits any non-waivable statutory right you may have under the consumer protection law of your jurisdiction, including any statutory right of withdrawal. Where such a right applies, it prevails over the terms above.

Approved refunds are returned to the original payment method and typically appear within 5–10 business days, depending on your bank.

15. Taxes

Prices are exclusive of VAT, GST, sales tax, use tax, and other applicable taxes and duties, which are calculated and added at checkout where we are required to collect them.

You are responsible for any taxes arising from your use of the Services other than taxes on our net income. Where you are required to withhold tax, the amount payable to us is grossed up so that we receive the amount we would have received absent the withholding.

16. Payment Security and Payment Processors

Payments are processed by PCI-DSS compliant third-party payment processors, including Stripe. We do not receive or store full payment card numbers. Card data is submitted directly to the processor.

We receive limited transaction metadata — such as the last four digits of the card, card brand, expiry, billing country, transaction status and processor identifiers — for the purposes of account management, fraud prevention, tax compliance, refunds and dispute handling.

Your use of a payment processor is also subject to that processor's own terms and privacy policy.

17. Payment Disputes and Chargebacks

If you do not recognise a charge, contact support@swaybyte.com first. We can identify the transaction, cancel the subscription and issue any refund due considerably faster than a chargeback can be processed.

Where a chargeback or bank dispute is filed, we may provide the payment processor and the issuing bank with transaction records, account records, access and usage logs, IP and device information, communications and evidence of delivery and of these Terms, in order to respond to the dispute.

We may suspend or terminate an account subject to an unresolved chargeback, and may require the disputed amount plus any dispute fee to be settled before access is restored. Filing a chargeback for a charge you authorised and received the benefit of is a breach of these Terms.

18. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Breach of that policy is a breach of these Terms and may result in content removal, feature restriction, suspension or termination.

19. AI Safety, Moderation and Content Filtering

The Services include automated and human moderation, safety classifiers, prompt filtering and output filtering. These systems may block, delay, degrade or refuse a request, or remove generated output, where a request or output appears to breach our Acceptable Use Policy, applicable law, or the usage policies of an underlying model provider.

Moderation systems are imperfect and may produce false positives and false negatives. A request blocked by moderation does not entitle you to a refund of the subscription, but credits consumed by a blocked job are restored.

We may review content and account activity where necessary to investigate suspected abuse, respond to legal process, protect users, or maintain the security and integrity of the Services.

20. Fair Use, Rate Limits and Platform Safeguards

All plans, including any described as unlimited, are subject to fair use, rate limits, concurrency limits, queue prioritisation, per-job size and duration limits, and other technical safeguards necessary to keep the platform stable and available to all customers.

“Unlimited” means no fixed monthly cap on the relevant feature for ordinary individual use. It does not mean unmetered infrastructure, guaranteed throughput, unlimited concurrency, or a licence to resell capacity.

Where usage materially exceeds ordinary individual use, or is automated, scripted, shared across multiple users on a single seat, or otherwise inconsistent with the plan purchased, we may apply rate limits, reduce queue priority, require an upgrade to an appropriate plan, or suspend the account.

21. Promotional Unlimited Access

Where unlimited access is offered as part of a promotion, the promotional period, the features included and the price that applies afterwards are disclosed at checkout. Promotional unlimited access is subject to the fair-use provisions above and may be withdrawn prospectively at the end of the promotional period.

22. Model Availability and Provider Changes

The Services are built on a combination of our own systems and third-party AI models. Model availability, naming, versioning, quality, latency and pricing are controlled by those providers and change frequently.

We do not guarantee the continued availability of any specific model, model version or provider, and we may add, remove, substitute or re-version models at any time, including where a provider deprecates a model, changes its terms, or restricts access.

You are purchasing access to the Services and to generation capacity, not to any particular named model. Removal or substitution of a model does not entitle you to a refund, provided a materially equivalent capability remains available.

23. No Resale of Access or Generation Capacity

Except under an express written reseller, white-label or partner agreement with us, you may not resell, sublicense, rent, lease, share, syndicate or otherwise make available your account, seats, credits, unlimited access or generation capacity to third parties.

Seats are per named individual. Sharing a single seat between multiple people, or operating an account as a shared generation service for third parties, is a breach of these Terms.

24. User Content and Licence

“User Content” means prompts, scripts, text, images, audio, video, reference material, brand assets, knowledge-base material and other content you submit to the Services.

You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display, process and create technical derivative works of your User Content solely to the extent necessary to operate, secure, support and improve the Services and to provide the output you request. This licence ends when the content is deleted, except for residual backup copies retained for the limited periods described in our Privacy Policy.

You represent and warrant that you own or have all rights and permissions necessary to submit your User Content and to have it processed as described, including any rights in the voice, likeness, trademarks or copyrighted material of any person appearing in it, and that doing so does not infringe the rights of any third party or breach applicable law.

25. Privacy

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms. Please read it before using the Services.

26. AI Outputs

“Output” means content generated by the Services in response to your requests. Subject to your compliance with these Terms and payment of applicable fees, we assign to you such rights as we hold in the Output you generate, and you may use it for personal and commercial purposes.

AI systems are probabilistic. Output may be inaccurate, incomplete, misleading, offensive, or similar to output generated for other users from similar prompts. Output is provided without any warranty of originality, non-infringement, accuracy or fitness for any particular purpose.

You are responsible for reviewing Output before relying on it or publishing it, for ensuring your use complies with applicable law, platform policies and third-party rights, and for any disclosure of AI-generated content required in your jurisdiction or by the platform on which you publish.

The legal status of AI-generated content, including whether and to what extent it attracts copyright protection, varies by jurisdiction and is unsettled. We make no representation about the copyrightability of Output.

27. No Professional Advice

The Services and any Output do not constitute legal, financial, tax, medical, accounting, investment or other professional advice, and must not be relied on as such. Consult a qualified professional before acting on anything produced through the Services.

28. Third-Party Services

The Services integrate with and depend on third-party providers, including AI model providers, cloud infrastructure, storage, analytics, email delivery and payment processors. Your use of an integrated third-party service may be subject to that provider's own terms and privacy policy.

We are not responsible for the acts, omissions, availability, content or policies of third-party services, and a third-party outage or policy change may affect the Services.

29. Intellectual Property

The Services, including the SwayByte name and marks, the software, interfaces, designs, documentation, and all associated intellectual property, are owned by OmniRogue Inc. or its licensors and are protected by intellectual property law.

These Terms grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services in accordance with your plan. No other rights are granted.

You may not copy, modify, reverse engineer, decompile, scrape, framework-extract, or create derivative works of the Services, nor remove or obscure any proprietary notice, except to the extent that restriction is prohibited by law.

30. Account Security

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at the support address if you suspect unauthorised access.

You must not share credentials, use another person's account without permission, or circumvent authentication, rate limiting, billing or access controls.

31. Suspension and Termination

We may suspend or terminate your access, immediately and without notice where necessary, if you breach these Terms or the Acceptable Use Policy, if your account is subject to suspected fraud, abuse or an unresolved chargeback, if required by law or by a provider or payment processor, or to protect the Services or other users.

You may terminate at any time by cancelling your subscription and, if you wish, requesting deletion of your account.

Where we terminate an account for breach, fees already paid are non-refundable. Where we discontinue the Services entirely without cause, we will refund the unused portion of any prepaid period on a pro-rata basis.

Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification and governing law — survive.

32. Enterprise, White-Label, Reseller and Affiliate Terms

Enterprise, white-label, reseller, affiliate and connected-account arrangements are governed by these Terms together with the applicable written agreement. Where the two conflict, the written agreement prevails for that arrangement only.

Partners are responsible for their own customer relationships, customer support, disclosures, refunds, tax obligations and legal compliance in respect of the customers they bill directly, and must not misrepresent their relationship with us.

33. Connected Payment Account Requirements

Where a partner processes payments through a connected payment account, that partner maintains its own agreement with the payment processor and is responsible for satisfying the processor's onboarding, verification, business-information, descriptor, disclosure and compliance requirements.

A connected account that fails to satisfy those requirements, or that generates excessive disputes, fraud or policy violations, may have payouts paused or access restricted by the processor or by us.

34. Partner Compliance

Partners must publish accurate terms, refund and cancellation policies and contact information for their own customers; must honour cancellations and lawful refund requests; must accurately describe what is being sold and at what price; and must not use the Services to market prohibited, deceptive or non-compliant offers.

We may audit partner-facing pages, checkout flows and customer communications for compliance and may require changes as a condition of continued access.

35. Payment Processing Services

Payment processing is provided by third-party processors and is subject to their terms, including their acceptable-use and prohibited-business policies. By using the Services to accept or make payments you agree to those terms as applicable to you.

A processor may, at its discretion and independently of us, decline a transaction, hold funds, request additional verification, or terminate its relationship with an account.

36. Platform Fees, Commissions and Payout Adjustments

Where a partner, affiliate or revenue-share arrangement is in place, the applicable platform fee, application fee, commission or revenue share is set out in the applicable agreement or partner dashboard.

We may offset against amounts payable to a partner any refunds, chargebacks, dispute fees, processing fees, taxes, or amounts owed to us, and may withhold payouts pending resolution of a dispute, suspected fraud or a compliance review.

37. Right to Restrict, Withhold or Disable Access

We may restrict features, reduce limits, withhold payouts, or disable access where necessary to comply with law, to satisfy a payment processor or model provider requirement, to address suspected fraud or abuse, to protect the security or availability of the Services, or to enforce these Terms.

38. Non-Bypass and Approved Payment Flows

Purchases must be made through the checkout flows and payment processors we approve. Attempting to bypass our checkout, obtain access without payment, circumvent metering or billing, or route payments outside approved flows is a breach of these Terms and may be unlawful.

39. Changes to the Services

We are actively developing the Services and may add, change, deprecate or remove features, studios, models, integrations and limits. We aim to give reasonable notice of material adverse changes to a paid feature, and to provide a materially equivalent capability where one exists.

40. Changes to These Terms

We may update these Terms from time to time. The effective date at the top of this page indicates when they were last revised.

Where a change is material and adverse to you, we will provide notice by email to the address on your account or by prominent notice in the Services before it takes effect. Continuing to use the Services after the effective date constitutes acceptance. If you do not accept a change, cancel before it takes effect.

41. Disclaimer of Warranties

To the maximum extent permitted by law, the Services and all Output are provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or quiet enjoyment.

We do not warrant that the Services will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that any specific result, quality, model or output will be achieved.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the above exclusions apply only to the extent permitted.

42. Limitation of Liability

To the maximum extent permitted by law, neither OmniRogue Inc. nor its officers, directors, employees, agents, suppliers or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data, content or business opportunity, arising out of or relating to the Services or these Terms, whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the total amount you paid us for the Services in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars (US$100).

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.

43. Indemnification

You agree to indemnify, defend and hold harmless OmniRogue Inc. and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or connected with your User Content, your use of the Services or of any Output, your breach of these Terms or the Acceptable Use Policy, or your violation of any law or third-party right.

44. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules.

The state and federal courts located in Hillsborough County, Florida have exclusive jurisdiction, and you consent to personal jurisdiction and venue there, except where mandatory consumer protection law in your country of residence gives you the right to bring proceedings in your local courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

45. General

Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy and any written agreement applicable to your account, constitute the entire agreement between you and us regarding the Services.

Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary and the remaining provisions remain in force.

No waiver. A failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.

Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.

46. Contact Information

Questions about these Terms, your account, a charge, or a cancellation should be sent to support@swaybyte.com. We aim to respond within 1–3 business days.

OmniRogue Inc.
400 N Tampa St Ste 1550 #767523
Tampa, FL 33602-4719
United States