Terms of Use

These Terms of Use (“Terms”) are an agreement between you and GIFSwap governing your access to the GIFSwap iOS app, iMessage extension, API, website, and related features (the “Service”). By downloading, accessing, purchasing, or using the Service, you agree to these Terms and our Privacy Policy.

If you do not agree, do not use the Service. You must be legally able to enter this agreement. If you are under the age of majority where you live, a parent or legal guardian must review and agree to these Terms for you.

GIFSwap provides a GIF discovery keyboard and tools that can generate a new GIF using a face photo selected by you. Features may vary by region, device, app version, subscription status, provider availability, or campaign configuration.

Generated content is produced using automated systems. Results can be inaccurate, unexpected, offensive, or unsuitable for your intended use. Review every result before saving or sharing it.

Subject to these Terms, GIFSwap grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Service for personal, non-commercial purposes on Apple devices you own or control, as permitted by the App Store rules.

You may not copy, sell, rent, sublicense, reverse engineer, bypass security or usage limits, scrape, interfere with, or create a competing service from GIFSwap, except where applicable law expressly permits an activity that cannot be restricted by contract.

You retain whatever rights you already hold in a photo you submit. You grant GIFSwap and its service providers a limited license to host, copy, modify, transmit, and process that photo only as needed to operate, secure, and improve the requested Service.

You represent and warrant that:

• you own the submitted photo or have all permissions needed to use it;
• each identifiable person has consented to the photo’s use for the requested swap;
• your submission and use of the result do not violate privacy, publicity, copyright, trademark, or other rights; and
• your content and conduct comply with these Terms and applicable law.

To the extent permitted by law and subject to third-party rights in source material, you may use a generated result for personal, lawful purposes. GIFSwap does not promise that a result is unique, free of third-party rights, or suitable for commercial use.

You may not use the Service to:

• impersonate, defraud, mislead, harass, bully, threaten, stalk, or exploit anyone;
• create or share sexual content involving a person without consent or any sexual content involving a minor;
• violate intellectual-property, privacy, publicity, or other legal rights;
• submit malware, unlawful content, or material intended to evade moderation;
• probe, disrupt, overload, automate abuse of, or gain unauthorized access to the Service;
• resell access, evade subscription or usage controls, or falsify rewarded-ad events; or
• use generated content as authentic evidence or to make consequential decisions about another person.

We may reject content, limit access, preserve evidence, or report conduct when reasonably necessary to protect users, providers, GIFSwap, or the public.

• GIFSwap Pro features require an active subscription or another access method shown in the app.
• Prices, trial eligibility, billing periods, taxes, renewal terms, and offers are shown by Apple before purchase and may vary by country or account.
• Unless cancelled, an auto-renewing subscription renews through your Apple ID according to the terms shown at purchase. Manage or cancel it in Apple’s subscription settings.
• Apple processes payments and handles refunds under its policies. GIFSwap does not receive your complete payment-card details.
• Deleting the app does not cancel a subscription. Loss of access caused by an expired or cancelled subscription is not a deletion of locally saved content.

Apple’s Standard Licensed Application End User License Agreement also applies. These Terms supplement that agreement; if the two conflict, mandatory App Store terms control for your licensed use of the iOS app.

GIFSwap relies on third parties for GIF discovery, content generation, hosting, storage, subscriptions, Apple platform functions, analytics, attribution, and optional rewarded ads. Their services, content, and links may be governed by separate terms and may change or become unavailable.

GIFs and other source material may belong to their respective creators or licensors. Availability through GIFSwap does not transfer ownership or grant rights beyond those allowed by the rights holder and applicable law.

GIFSwap and its licensors own the Service, including its software, design, branding, documentation, and non-user content. “GIFSwap” and associated logos may not be used without permission.

If you send suggestions or feedback, you grant GIFSwap a worldwide, perpetual, irrevocable, royalty-free right to use it without restriction or compensation, provided we do not publicly identify you as the source without permission.

We may add, change, suspend, or discontinue features, limits, providers, or the Service. We do not guarantee that every GIF, generated result, subscription offer, or feature will remain available.

We may suspend or terminate access when we reasonably believe you violated these Terms, created risk or legal exposure, abused providers or infrastructure, or when necessary to protect the Service. You may stop using GIFSwap at any time. Terms that by their nature should survive termination—including ownership, disclaimers, and liability limitations—will survive.

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” GIFSwap disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation. Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

To the maximum extent permitted by law, GIFSwap will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, loss of data, profits, goodwill, or opportunities, or harm caused by your content, generated results, sharing decisions, third-party services, or unauthorized use.

Where liability cannot be excluded, GIFSwap’s aggregate liability arising from the Service will not exceed the greater of the amount you paid GIFSwap through the App Store during the 12 months before the claim or USD $50. Some jurisdictions do not allow certain exclusions or limits, so parts of this section may not apply to you.

Applicable law and mandatory consumer protections where you live remain in effect. Any dispute that cannot be resolved informally will be handled by a court with lawful jurisdiction; these Terms do not require arbitration or waive a right that cannot lawfully be waived.

You may not transfer these Terms without our consent. We may transfer them as part of a merger, financing, reorganization, or sale of the Service. If any provision is unenforceable, the remaining provisions continue in effect. A failure to enforce a term is not a waiver.

We may update these Terms by posting a revised version and changing the effective date. Material changes may also be announced in the app. Continued use after the updated Terms take effect means you accept them.

Questions can be sent to support@gifswap.app.