Terms and Conditions

Last updated: 10th of June 2022

Please read the following important terms and conditions before you access and use our services and check that they contain everything you want and nothing that you are not willing to agree to.

These terms set out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In these terms:

  • "we", "us" or "our" means Signature Flatbreads (UK) Ltd, trading under the name "Sway Me Good".
  • "you" or "your" means the person using our Website.
  • "Invoice" means any invoice generated as part of the free invoice generator available on the Website.
  • "Report" means any reports generated as part of the services, providing a valuation of your Instagram and/or other social media posts in accordance with the terms of these terms. This report is based upon an analysis of your public data posted by you on social media.
  • "Website" means our website www.swaymegood.com and the valuation service available at www.swaymegood.com (the "Website")

These terms govern your access and use of the Website. If you have any questions about these terms, please contact us by:

  • sending an email to smgdp@swaymegood.com

Do you need extra help?

If you would like these terms in another format (for example: audio, large print, braille) please contact us using the contact details set out in the section above.

Who are we?

We are Signature Flatbreads (UK) Ltd (“Sway Me Good”), a company registered in England and Wales under company number: 09358440.
Our registered office is at: Unit C, Chiltern Park Industrial Estate, Boscombe Road, Dunstable, Bedfordshire, LU5 4LT.
Our VAT number is: GB203236163.
(By clicking ‘accept’ you are deemed to have accepted all terms within these terms.)

  1. Introduction
    1. If you make any use of the services made available on our Website you agree to be legally bound by these terms.
    2. If you act on behalf of a business entity in accepting these terms, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to these terms.
    3. When making use of the services on our Website you also agree to be legally bound by our Privacy Policy, details of which are set out further below.
      We reserve the right to update or otherwise modify these terms from time to time. If we have your email address, we will send you a notification about the amendments made by us. Nevertheless, you remain responsible for checking these terms and conditions periodically for changes and updates. Your use of the Website following such posted changes and updates constitutes acceptance of such changes and updates
  2. Your privacy and personal information
    1. Our Privacy Policy is available at www.swaymegood.com/privacypolicy
    2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
    3. Any personal data we use to carry out our services on the Website will be based on the most recent public information published by you. We will not use/hold any deleted data.
  3. Using our Website
    1. As we provide a free valuation service, Reports and Invoices on our Website, we set out how our service is provided below.
    2. The services consist of you accessing our Website where you will be prompted to create an account. Once you have input the relevant details and created your account, the Website will link your social media account to your new Sway Me Good account. The Website may require verification in order to ensure that your social media account belongs to you and we may carry out an identification check. By creating an account and requesting a Report, you give us your permission to analyse your public data on social media. After analysing your data, we will email you a Report based upon our findings which you can also view on your Sway Me Good profile.
    3. Once the Report has been requested, the Report will be sent to the email you have provided. The Report can take up to 48 hours to be emailed to you
    4. The Website will also allow you generate and track Invoices which you send offline to brands.
    5. You represent and warrant, to the best of your knowledge that:
      1. You have all the necessary rights, power and authority to create an account, provide us with the requested details, and to comply with these terms and to fulfil your obligations hereunder;
      2. any and all information you provide is true, accurate and not misleading and that you will not allow any other person or entity to use your user account;
      3. You will not access the Website by any means other than through interfaces expressly authorised by us and these terms;
      4. You will not (and will not directly or indirectly allow or instruct a third party to) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the whole or any part of any software forming part of the services and/or the Website or any products supplied to you as a part of the services. For the avoidance of doubt, this clause 3.3.4 includes but is not limited to the software relating to any Report, Invoices, your Sway Me Good profile and/or the Sway Me Good data analytics dashboard; and
      5. Any social media account linked to your user account and the content thereof belongs to you and that you have all relevant permissions to allow us to access the account and its content to enable us to prepare the Report.
    6. You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of the warranties or undertakings contained in clause 3.3 above.
      At our discretion, we may, but are not obligated to, monitor and terminate user activity on the Website and/ or edit or remove users which violate or otherwise fail to comply with these terms.
    7. If you are under the age of 18 you may not use the Website
  4. Nature of the Report and/or Invoice
    1. Any Report and/or Invoice produced as part of the services is conducted using artificial intelligence and its contents are estimates only based upon algorithms and assumptions that may or may not hold true. You hereby expressly agree and understand that the values in any Report are indicative only and not guaranteed. We will not be liable for any inaccuracies, omissions or errors contained in any Report.
    2. The Report and/or Invoice is produced on a non-reliance, as-is basis. We do not warrant that the Report and/or Invoice will be fit for any particular purpose, whether you have made such purpose known to us or not.
  5. Permission to use the report and/or Invoice
    1. When you receive the Report and/or Invoice via email and/or it is uploaded to your Sway Me Good profile or dashboard (see clause 3.3), you will not own it. Instead, we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to these terms.
    2. The Report and/or Invoice:
      1. is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
      2. is non-exclusive to you. We may supply the same or similar report to other users;
      3. May not be:
        (a) copied by you except for a reasonable number of necessary back-ups;
        (b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
        (c) combined or merged with, or used in, any other computer program;
        (d) published, released publicly or disclosed to any third party without our permission; or
        (e) sold by you to any third party;
      4. contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
    3. Except where you have permission to use the digital content under this clause 5, you will not obtain any rights of ownership or other rights (of whatever nature) in the Report and/or Invoice or in any copies of it.
  6. Limitation on our liability
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
      1. losses that were not foreseeable to you and us when the contract was formed;
      2. losses that were not caused by any breach on our part;
      3. business losses, including but not limited to any losses or losses of opportunity arising from the information contained in any Report;
      4. losses to non-consumers;
      5. losses caused by information or inaccuracies in any Report, Invoice, the metrics/and or images in your Sway Me Good profile or the data analytics dashboard; or
      6. consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these terms and/or your use of the Website, including without limitation, loss of profits, revenue or interest, loss goodwill and/or reputational damage, loss or corruption of data or other interruption of business (whether in contract, tort or otherwise), even if advised of such damages.
    2. Except as expressly and specifically provided in these terms:#
      1. You assume sole responsibility for results obtained from the use of the services and the Reports and/or Invoices, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information provided in connection with the services.
      2. The services and any Report and/or Invoice provided by us to you is provided on an as-is, non-reliance basis.
      3. In these terms, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law, including but not limited to those relating to fitness for a particular purpose, are, to the fullest extent permitted by applicable law, excluded from this agreement.
  7. Data Protection
    1. Each party shall comply with all applicable requirements of the Applicable Data Protection Laws. This Clause 7 is in addition to, and does not relieve, remove or replace, a party"s obligations or rights under Applicable Data Protection Laws. For the purposes of this Clause 8, ‘Applicable Data Protection Laws’ mean:
      1. To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data. For the purposes of this Clause 7.1.1, UK GDPR means section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018).
      2. To the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the relevant party is subject, which relates to the protection of personal data. For the purposes of this Clause 7.1.2. EU GDPR means the General Data Protection Regulation ((EU) 2016/679), as it has effect in EU law.
      3. This Clause 7.1.3 shall be read in conjunction with our Privacy Policy. For the avoidance of doubt, the Privacy Policy shall form part of these terms.
  8. Third party rights
    No one other than a party to these terms has any right to enforce any term of these terms.
  9. Disputes
    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
    2. The laws of England and Wales apply to these terms, our services and our provision of any Report, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
    3. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

ⓒ Sway Me Good 2023