Agreement to these Terms
These Terms of Service are a binding agreement between you and TokSwap, including the owner, operator, affiliates, contractors, and service providers that help provide the service. By creating an account, uploading media, buying credits, generating content, downloading output, or otherwise using TokSwap, you agree to these Terms and to any policy that is linked from them.
If you use TokSwap for a business, client, agency, brand, or other organization, you represent that you have authority to bind that organization. In that case, "you" and "your" include both you and the organization.
If you do not agree to these Terms, do not use TokSwap.
What TokSwap provides
TokSwap provides software tools for creating AI-assisted avatars, preparing source media, and generating face-swap videos from user-selected inputs. The service may include upload tools, generation queues, templates, account dashboards, credit balances, downloads, and administrative or support workflows.
TokSwap may change, add, limit, suspend, or discontinue features at any time. Generation quality, processing time, availability, and output style may vary based on the uploaded media, provider availability, plan limits, safety review, and technical constraints.
Eligibility
You must be at least 18 years old, or the age of legal majority where you live, to use TokSwap. You may not use TokSwap if you are barred from using online services under applicable law or if TokSwap previously suspended or terminated your account for policy violations.
You are responsible for ensuring that your use of TokSwap is legal in every jurisdiction that applies to you, your uploaded content, your generated media, and the people depicted in that media.
Accounts and security
You may need an account to upload media, generate videos, buy credits, view previous jobs, or access paid features. You agree to provide accurate account information and to keep your sign-in method secure.
You are responsible for all activity under your account unless the activity results from TokSwap's failure to use reasonable security measures. Notify TokSwap promptly if you believe your account, email link, sign-in token, billing account, or generated media has been accessed without authorization.
Your content and permissions
You retain whatever rights you already have in photos, videos, prompts, avatars, templates, names, likenesses, audio, text, and other material that you upload, paste, submit, or otherwise provide to TokSwap. TokSwap does not claim ownership of your uploaded content.
You grant TokSwap a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, adapt, create intermediate files from, and otherwise use your content as reasonably necessary to provide, secure, operate, improve, and support the service. This license includes sending content to infrastructure, billing, storage, moderation, analytics, and AI generation providers that help TokSwap function.
You represent that you own your content or have all permissions, releases, consents, licenses, and rights needed for TokSwap and its providers to process it and for you to use the generated output.
Consent and likeness rights
TokSwap is for consent-based creation. Before uploading or generating media that depicts a real person, you must have that person's explicit permission to use their face, body, voice, name, image, likeness, and other identifying traits in the way you intend to use the service and the output.
You may not use TokSwap to mislead people into believing that a real person said, did, endorsed, or appeared in something they did not consent to. This applies even when the content is parody, commentary, advertising, entertainment, or internal testing.
You are solely responsible for releases, union or talent restrictions, publicity rights, privacy rights, copyright permissions, platform rules, advertising rules, and any labeling or disclosure required for synthetic or manipulated media.
Acceptable use
The Acceptable Use Policy at /acceptable-use is incorporated into these Terms. You must follow it whenever you upload content, generate avatars, generate videos, share output, or interact with TokSwap systems.
TokSwap may block uploads, reject prompts, remove media, pause jobs, withhold downloads, limit account access, or suspend accounts when content appears to violate these Terms, the Acceptable Use Policy, law, third-party rights, provider policies, or platform safety requirements.
- Do not create non-consensual sexual, intimate, exploitative, humiliating, harassing, or abusive content.
- Do not create content involving minors or anyone who appears to be a minor.
- Do not impersonate people, public figures, brands, officials, candidates, or institutions in a deceptive or harmful way.
- Do not use TokSwap for fraud, scams, blackmail, election interference, unlawful surveillance, doxxing, threats, or evasion of safety systems.
Generated output
Subject to these Terms, TokSwap does not claim ownership of your generated outputs. You may use generated outputs for lawful personal or commercial purposes if you have all rights and permissions needed for the input content, the people depicted, the source media, and the intended use.
Generated output may be inaccurate, unexpected, offensive, incomplete, low quality, delayed, unavailable, or similar to other users' outputs. TokSwap does not guarantee that generated output will be unique, protectable by intellectual property law, accepted by any platform, fit for advertising clearance, or free from third-party claims.
You are responsible for reviewing generated output before publishing, distributing, selling, licensing, or relying on it.
Credits, subscriptions, and billing
Paid generation uses credits, subscription entitlements, or other plan limits shown at checkout or in the account dashboard. Credits are a limited right to request eligible generation jobs and are not cash, stored value, or a bank account balance.
Creem or another payment processor may handle checkout, billing details, taxes, subscription renewals, cancellations, invoices, and payment method updates. TokSwap does not receive full card numbers from the payment processor.
A successful checkout redirect, browser message, or client-side payment state is not proof that credits were granted. TokSwap grants credits, activates subscriptions, and updates billing status based on verified server-side payment events and internal ledger records.
Refunds, failed jobs, and chargebacks
Unless a plan, checkout page, or mandatory law says otherwise, fees are non-refundable once credits are granted or a subscription period begins. TokSwap may, at its discretion, refund credits for failed generation jobs, duplicate charges, or technical errors.
A job may fail because of content policy enforcement, invalid inputs, provider downtime, unsupported media, network failures, storage errors, or other operational issues. TokSwap may return credits for eligible failed jobs, but is not required to refund cash for every failure.
If you dispute a charge or initiate a chargeback without first contacting support, TokSwap may suspend the related account, revoke credits, cancel active jobs, or restrict future purchases while the issue is reviewed.
Storage, downloads, and deletion
Uploaded photos, source videos, generated avatars, intermediate files, provider URLs, and generated videos may be stored, copied, converted, cached, or transferred as needed to provide TokSwap. Generated outputs are private by default unless you choose to download, publish, share, or otherwise disclose them.
Provider-hosted URLs may be temporary. TokSwap may store durable copies in its own media storage so users can access eligible results from their account. TokSwap may delete media, logs, jobs, drafts, or account data according to retention limits, policy enforcement needs, legal obligations, storage constraints, or user requests.
You should download and preserve any output you need. TokSwap is not a permanent archive and does not guarantee that any file, job, link, template, or generation history will remain available indefinitely.
Third-party services
TokSwap relies on third-party services for authentication, hosting, storage, databases, queues, payments, media downloading, AI generation, email, analytics, security, and support. Those services may process your content and account data as described in the Privacy Policy.
TokSwap is not responsible for third-party services that it does not control, including payment processor portals, authentication providers, external URLs, social platforms, downloaded source media, or third-party websites linked from TokSwap.
TokSwap intellectual property
TokSwap and its licensors own the service, software, interface, code, workflows, visual design, trademarks, logos, documentation, templates, prompts, safety systems, and other materials that TokSwap provides, except for user content and third-party materials.
You may not copy, reverse engineer, scrape, resell, sublicense, frame, overload, interfere with, or create a competing service from TokSwap or its systems unless applicable law gives you a non-waivable right to do so.
Enforcement
TokSwap may review accounts, jobs, uploads, generated media, support notices, billing events, logs, and provider responses to enforce these Terms, protect users and depicted people, comply with law, debug the service, and prevent fraud or security incidents.
TokSwap may remove content, reject jobs, require additional confirmation, suspend or terminate accounts, revoke credits connected to misuse, preserve records, notify authorities about unlawful content, or cooperate with lawful requests from authorities.
Disclaimers
TokSwap is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, TokSwap disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and uninterrupted operation.
TokSwap does not guarantee that the service will be secure, error-free, available at any particular time, compatible with every file, accepted by every platform, or capable of producing any specific result.
Limitation of liability
To the fullest extent permitted by law, TokSwap will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, lost profits, lost revenue, lost data, lost goodwill, business interruption, reputational harm, or third-party claims arising from or related to your use of the service.
To the fullest extent permitted by law, TokSwap's total liability for any claim arising from or related to the service will not exceed the greater of the amount you paid TokSwap for the service in the three months before the event giving rise to the claim or 100 US dollars.
Indemnity
You agree to defend, indemnify, and hold harmless TokSwap, its owner, operator, affiliates, contractors, providers, officers, employees, and agents from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your content, generated output, use of TokSwap, violation of these Terms, violation of law, violation of third-party rights, or misuse of another person's likeness.
Termination
You may stop using TokSwap at any time. TokSwap may suspend or terminate your access at any time if TokSwap believes you violated these Terms, created legal or safety risk, misused billing systems, attempted to evade enforcement, or used the service in a way that harms TokSwap, users, depicted people, providers, or the public.
Sections that by their nature should survive termination will survive, including provisions about content permissions, generated output responsibilities, billing, enforcement, disclaimers, liability limits, indemnity, disputes, and legal compliance.
Governing law and disputes
These Terms are governed by the laws that apply to the TokSwap operator in its principal place of business, without regard to conflict-of-law rules, except where mandatory consumer protection law gives you rights in your own jurisdiction.
Before filing a formal claim, you agree to contact TokSwap and try to resolve the dispute informally. Either party may seek urgent injunctive or equitable relief for misuse of content, intellectual property infringement, security abuse, or confidentiality and privacy risks.
Changes and contact
TokSwap may update these Terms from time to time. The updated version will be posted on this page with a new last updated date. Continued use of TokSwap after changes take effect means you accept the updated Terms.
Questions, notices, takedown requests, and privacy requests can be sent to support@tokswap.app.