This Use and Access Policy, together with the Privacy Policy, Cookie Policy, Billing Policy, and any addenda thereto (collectively, "Terms of Service") govern the relationship between Swankey Inc. (d/b/a Swankey) ("we" or "Swankey") and anyone who uses or has access to, or attempts to use or gain access to any application, functionality, or digital asset owned, provided by or otherwise affiliated with or disseminated by Swankey, on or through https://www.Swankey.com ("Website"), or on or through Swankey's mobile app ("Mobile App"). In case of conflict, the Terms of Service supersede any past or contemporary communications between you and Swankey.

The Terms of Service apply regardless of the device, service or method used to access the Website, and extend to any geographic location in which the Website is accessed. The Terms of Service define the legally binding terms for your use of and access to the Website, its services, features, content, and assets ("Services").

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At all times, you are solely responsible for reviewing and confirming that the Terms of Service are in compliance with all laws, rules and regulations applicable to you. The Website is offered and available to users who are 13 years of age or older, and by accessing and using the Services, you represent and warrant that you are at least 13 years of age.

By using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you have read, understood, and agree to the Terms of Service and all other operating rules, policies and procedures defined by Swankey or common law. If you do not want to agree to these Terms of Service you must not access or use the Website.

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To use portions of the Services, you must sign up with the Website, thereby becoming a "User" and creating an "Account". Information provided during the registration process must be complete and accurate.

You shall not: a) create an account with the intent to impersonate another user or person; b) employ a username that is offensive, vulgar, or of other ill regard as defined at the sole discretion of Swankey; c) use any part of the Services to harass another individual or entity.

You are solely responsible for all activity performed on your Account. It is your responsibility to protect the security of your Account's password. In the event of a security breach or suspected security breach, you must provide notice to Swankey without delay.

You may not access the Services in an attempt to (a) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use or as specifically permitted in this agreement, without Swankey's written consent, (b) directly or indirectly attempt to copy, replicate, reverse engineer, decode, or acquire any frontend or backend source code except as expressly permitted by Swankey or corresponding laws and regulations; (c) alter, modify, or otherwise derive another product or work based on or otherwise employing use of the Services; or (e) use the Services in any harmful or illegal manner or interfere with any party's use or enjoyment of the Services. You agree to immediately cease use of the Services at Swankey's request.

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"Content" refers to and includes any data, image, text, style, pattern, document, asset, feature or functionality used on or affiliated with Swankey and the Services whether created, uploaded or otherwise employed by Swankey, its Users or affiliates. Swankey makes no warranties as to the availability or accuracy of the Content. Swankey further makes no warranties as to the compliance of the Content with any copyright claims, laws, rules or regulations.

You acknowledge and agree that all Content generated or accessed by you is at your sole discretion, and you will be responsible or liable for any damages, losses or penalties associated with its use. If you provide Content that you generated and that is posted on the Website, you hereby grant Swankey a perpetual, royalty-free, transferable, sublicensable, worldwide license to publicly display and use the Content. You shall not upload, submit or otherwise employ Content that (1) infringes any copyright, trademark, servicemark, patent, trade secret, or other regulation, law or policy or (2) that in any impersonates another person or entity or (3) is false, inaccurate, or misleading or (4) otherwise deemed inappropriate, improper, vulgar, defamatory, libelous or damaging at the sole discretion of Swankey.

Swankey reserves the right to view, download, read, save or otherwise employ all Content in line with Swankey's Privacy Policy except as specifically prohibited by laws governing the use of the Content.

All Content collected, stored or employed by Swankey, except where otherwise noted or inapplicable due to the laws and regulations governing that Content, is the sole property of Swankey. Swankey may use Content generated by you including but not limited to text, images, logos, branding, styles and likeness for purposes including but not limited to marketing, promotion, benchmarks, reporting, press releases, and public relations.

Swankey does not warrant that any Content will be made available or remain available. Swankey makes no guarantee that it will monitor the Content or the Services and has no obligation to do so. Swankey reserves the right to remove, disable or delete any Content without warning, notice or explanation.

Content specifically generated by or specifically employed by Swankey, its partners or affiliates may be governed and protected by copyrights, patents, trademarks or other restrictions. You agree to use the Services in compliance with any such restrictions. You may not sell, license or otherwise financially profit from the use of any of the Content or the Services except as expressly authorized by Swankey. Further, you may not use or exploit any content owned by or restricted by a third party entity.

Swankey reserves the right to limit, prevent access to, remove, or permanently delete all Content. Swankey may remove any Content without notice or explanation that it deems to be in violation of these Terms of Service, offensive, infringing, derogatory, or libelous.

Without limiting the foregoing responsibilities of the User, Swankey may monitor use of the Website to determine compliance with this agreement. Swankey may remove or refuse your Content for any reason.

Swankey may, at any time at its sole discretion, refuse to offer the Services to any User, individual or entity without notice, including, but limited to, entities with a paid for ("Upgraded") account and a free accounts. Swankey may delete or otherwise disable any User's account without notice or explanation.

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Swankey's Privacy Policy describes how Swankey uses your personal information and other individuals' personal information ("Contact's Personal Information" or "CPI") provided by you (collectively, "Personal Information"). You are responsible for providing your Contacts with a copy of the Swankey Privacy Policy.

You and we shall each comply with our obligations under all applicable data protection laws.

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Certain components of the Service may allow you to link to, integrate, or otherwise employ a third party service, tool, website, product or other work. Swankey makes no warranties as to the ability to integrate with, availability, reliability, functionality or other facet of any third party or integration point. You understand and agree that any third party services are out of Swankey's control, and Swankey is not responsible or liable for any damages, losses, penalties or other consequences associated with or due to the use of such third party services.

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Your use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis. Swankey disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Swankey does not make any representations about the location, safety, or quality of the Users or Services.

By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, Swankey disclaims any warranty that:

• The Services will be uninterrupted or error-free, or that defects will be corrected;
• The Website and the server(s) that make(s) the Services available are free of viruses or other harmful components; or
• The Content is accurate, complete, or free of typographical errors.

The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by Swankey, and you agree not to make any claim against Swankey relating to the purchase of these products or services.

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To the fullest extent provided by law, in no event will the collective liability of Swankey and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500 or the amount you have paid to Swankey for the applicable Service in the last 12 months out of which liability arose.

Any cause of action or claim you may have arising out of or relating to these Terms of Service, the Services, or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

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To the maximum extent permitted by law, you shall indemnify Swankey, its subsidiaries, affiliates, licensors, service providers, content providers, employees, managers, agents, officers, directors, from all third-party liabilities, claims, and expenses, including reasonable attorneys' and experts' fees and costs, that may arise from or be associated with your use or misuse of the Services or Content or your breach of any representation or obligation in these Terms of Service. Swankey reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.

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Swankey shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service to the extent such failure or delay is caused by circumstances beyond Swankey's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, power outages, or failures of third-party service providers or infrastructure (including hosting, payment processing, or data storage providers). Swankey's obligations under these Terms of Service shall be suspended for the duration of any such event.

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You and Swankey agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Services, or the Website (a "Dispute") shall be resolved through binding arbitration, rather than in court, except that either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality obligations.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, and will be conducted in the City of New Haven, Connecticut, or another mutually agreed location, or, if both parties agree, by telephone or videoconference. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AND SWANKEY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a Dispute proceeds in court rather than through arbitration, you and Swankey each waive any right to a jury trial, as set out in the Governing Law; Jurisdiction section below.

This arbitration provision shall survive termination of these Terms of Service and your Account.

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1. The Terms of Service constitutes the sole and entire agreement between you and Swankey regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.
2. The failure of Swankey to enforce any part of the Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of the Terms of Service. If any provision of the Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
3. The Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Swankey's prior express written consent. Swankey may assign, transfer or delegate any of its rights and obligations hereunder without consent or notification.

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All matters relating to the Services and the Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, except its conflicts of law rules. Subject to the Dispute Resolution; Binding Arbitration section above, you agree that any dispute arising from or relating to the subject matter of the Services and the Terms of Service that proceeds in court shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New Castle County, Delaware. You acknowledge and agree that you and Swankey are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Swankey otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

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We may revise and update the Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check the Website from time to time so you are aware of any changes, as they are binding on you.

All provisions of the Terms of Service which by their nature should survive cancellation of your account shall survive, including, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and the Dispute Resolution; Binding Arbitration section.

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Swankey Inc. ("Swankey," "we," "us," or "our") uses cookies and similar technologies to improve your experience and analyze usage of our website and Services.

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Cookies are small text files stored on your device when you visit a website. They help us identify your session, secure access, and gather analytics data.

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• Essential Cookies: Required for site operation and session management (e.g., swankey_session, XSRF-TOKEN)
• Security Cookies: Protect against CSRF attacks (e.g., XSRF-TOKEN)
• Performance & Analytics Cookies: Help us understand how users interact with our Services (e.g., Google Analytics, Mixpanel, Sentry)

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Swankey uses CookieYes, a third-party cookie consent management platform, to provide a cookie notice when you first visit our website, displayed in the lower-left corner of the screen. The notice lets you accept or decline non-essential cookies (such as Performance & Analytics Cookies). You can change your cookie preferences at any time by opening the Cookie Preferences center, accessible from the center of the screen.

You can also configure your browser to block cookies generally or notify you when they are set. Note that disabling cookies — through the preferences center or your browser — may impair your ability to use certain features of Swankey. Essential and Security Cookies cannot be disabled, as they are necessary for the Services to function.

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We use third-party services, including CookieYes, Google Analytics, Mixpanel, and Sentry, that may set their own cookies. These services operate under their own privacy and cookie policies.

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We may update this policy to reflect changes in technology or regulation. Continued use constitutes acceptance.

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This Billing Policy is incorporated into and forms part of Swankey Inc.'s ("Swankey," "we," "us," or "our") Terms of Service, together with the Use & Access Policy, Privacy Policy, and Cookie Policy. Capitalized terms not defined here have the meaning given to them in the Use & Access Policy.

Swankey offers its Services on a per-event, one-time purchase basis rather than a recurring subscription. Products currently include:

• Core Events — a one-time purchase sized to your event's guest count (Small Gathering, Perfect Party, Grand Celebration), each including the baseline feature set described on our Pricing page.
• Add-On Packs — optional one-time upgrades to a Core Event (Decision & Collaboration Pack, Execution Pack).
• Event Bundles — discounted, one-time purchases of multiple Core Events, which may be linked together as Related Events.

All prices are listed and charged in U.S. dollars. Swankey's Services are currently offered to users located in the United States.

Swankey may revise pricing at any time. Price changes will not affect purchases you have already completed, and we will provide reasonable advance notice before any change takes effect for future purchases.

Swankey offers a 7-day free trial as described at checkout and in our Pricing page. The following terms apply:

• A valid credit card is required to begin the trial.
• During the trial, you will have access to one Core Event of your choosing, the Decision & Collaboration Pack, and the Execution Pack matching that Core Event, along with the other features described in our current Pricing page.
• You will not be charged during the 7-day trial period.
• On Day 8, unless you cancel before that date, your card will be automatically charged the listed price for the Core Event you selected. The trial length, applicable charge amount, and charge date are disclosed to you at signup and are viewable in your account at any time before the charge occurs.
• Add-On Packs used during the trial are not automatically charged. If you do not separately purchase an Add-On Pack by the end of the trial, your access to that Add-On Pack's features and any associated data will end, and it will not appear on your Day 8 charge.
• You may cancel your trial at any time before Day 8 to avoid being charged, using the cancellation method described in Section 5 below.

If you are charged for a Core Event at the end of your free trial and decide Swankey isn't right for you, you may request a full refund, minus a processing fee, within 3 days of the charge date, by emailing Support@Swankey.com with your account details and the subject line "Refund Request."

• Refund requests made within this 3-day window will be processed to your original payment method within 10 business days.
• Charges are non-refundable after the 3-day window closes.
• Add-On Packs and Event Bundles, being separate opt-in purchases made outside the automatic trial conversion, are non-refundable once purchased, except where required by applicable law.
• Swankey reserves the right to deny a refund request in cases of suspected abuse of this policy.

All payments are processed by Stripe, Inc., a third-party payment processor. Swankey does not store your full credit card number or other sensitive payment credentials on its own servers. Your use of Stripe's payment services is also subject to Stripe's own terms and privacy policy. Swankey is not responsible for interruptions, errors, or delays caused by Stripe or other third-party payment infrastructure outside Swankey's control.

Because Swankey's Services are sold as one-time, per-event purchases rather than recurring subscriptions, there is no ongoing subscription to "cancel" once a Core Event, Add-On Pack, or Event Bundle has been purchased. To cancel a free trial before the Day 8 charge, or to request a refund within the eligible window described in Section 3, email Support@Swankey.com.

Listed prices exclude applicable sales tax. Where required by law, Stripe will calculate and collect applicable sales tax at checkout based on your billing location. You are responsible for any taxes not collected by Stripe that may apply to your purchase under applicable law.

If your Day 8 trial-conversion charge or any other charge is declined, Swankey may retry the charge, suspend your access to the associated Core Event and any purchased Add-On Packs until payment is resolved, and/or notify you by email to update your payment method. Continued non-payment may result in loss of access to the associated event data, subject to the retention terms described in our Privacy Policy.

We may revise this Billing Policy from time to time. Material changes will be posted here with an updated effective date. Changes will not apply retroactively to purchases already completed. Your continued use of the Services after a revised Billing Policy is posted constitutes acceptance of the changes.

Questions about billing, trials, or refunds can be directed to Support@Swankey.com.