Last Updated: 9/10/2025

Welcome to SWAGR ("the App"), a platform designed to support your health and fitness journey through gamified weight loss, exercise programs, and other related features. By using the App—including as a Participant or Host—you agree to the following Terms and Conditions. Please read them carefully. If you do not agree to these Terms, do not use the App.

1. Eligibility

• You must be at least 18 years old to use the App.

• The App is not intended for, and should not be used by, individuals with pre-existing medical conditions or those taking medications that could be affected by exercise or weight loss without prior consultation with a qualified medical professional. Users with medical conditions use the App entirely at their own risk.

• You must be legally able to enter into binding contracts to host or participate in challenges.

2. Medical Disclaimer and Assumption of Risk

The App is not a substitute for professional medical advice, diagnosis, or treatment. The fitness, weight loss, and health-related information, advice, and programs provided by the App or its users are educational in nature only and should not be relied upon as medical guidance.

You must consult with a qualified healthcare professional before:

• Beginning any exercise program

• Starting any weight loss, nutrition, or dietary program

• Making significant changes to your health routine

• If you have any pre-existing medical conditions, injuries, disabilities, or are taking medications

• If you are pregnant or nursing

Assumption of Risk and Release of Liability: You acknowledge and agree that:

• Your use of the App and participation in any fitness, weight loss, or challenge-related activities is at your own risk.

• You are solely responsible for assessing your own physical fitness, health status, and ability to participate safely.

• SWAGR, its developers, owners, employees, and representatives are not responsible for any injuries, illnesses, cardiac events, deaths, adverse health outcomes, or other harm that may result from using the App or participating in any challenges or fitness activities recommended through the App.

• You assume all risks associated with your participation.

• You voluntarily assume responsibility for any injuries or damages that may occur, even if caused by negligence, and you release and hold harmless SWAGR from all liability.

No Professional Advice: User-generated content, recommendations from hosts, or fitness advice shared within the App does not constitute professional medical or fitness advice. SWAGR does not vet, endorse, or verify the qualifications of users who may provide fitness guidance.

3. Third-Party Services

• The App may integrate with third-party services (e.g., meal delivery, fitness tracking devices). SWAGR is not responsible for the accuracy, reliability, or quality of these third-party services.

• Your use of third-party services is governed by their respective terms and privacy policies.

4. Gamified Features and Challenges

• The App offers gamified weight loss and challenge features, including participation in prize pools. To be eligible for prizes, users must meet the specific requirements for each challenge.

• Any eligible user can host or participate in a challenge. Verified creators can also claim a commission for hosting a challenge, which will be deducted from the total prize pool.

• The Challenge Host is responsible for declaring the winner. Prize funds cannot be paid until the winner is declared.

• SWAGR reserves the right to verify user progress and eligibility before awarding any prizes. Cheating or fraudulent activity will result in disqualification and account termination.

• Prizes are awarded at the sole discretion of SWAGR (for exclusive/platform-run challenges) or the user who is defined as the Challenge Host (whichever is applicable). However, prize awards must comply with all applicable local, state, and national gaming, gambling, and contest laws. By hosting or participating in challenges, all parties agree that they have verified the legality of the challenge under their applicable jurisdiction. SWAGR reserves the right to withhold or deny prizes if it reasonably believes a challenge violates applicable laws or these Terms.

• Host commissions will not be paid until the relevant Challenge has been closed and review requirements completed.

• You should only join challenges with people you know and trust if you are unsure about the verification process.

4.1 Fraud prevention and dispute resolution

• Fraud Prevention: SWAGR reserves the right to investigate any challenge or winner for signs of fraud, collusion, or manipulation. This investigation may include requesting additional documentation, verifying participant identity, or reviewing communication records. If fraud is suspected, SWAGR may: (a) withhold payout pending investigation, (b) disqualify participants, (c) refund all participant fees (minus transaction costs), and/or (d) terminate accounts. SWAGR's decision is final and binding. Users waive their right to pursue legal action regarding SWAGR's fraud determinations, except where prohibited by law.

• Dispute Resolution: SWAGR will not intervene in disputes between participants and hosts unless: (a) these Terms are clearly violated, (b) fraud is suspected, or (c) platform integrity is at risk. For all other disputes, users agree to resolve matters directly with the relevant host or other participant. SWAGR's refusal to intervene is not a waiver of SWAGR's rights to take enforcement action if warranted.

5. Verified Creator Communities

• SWAGR allows verified creators to run paid communities or challenges with advanced features (e.g., larger prize pools, team-based or multi-round formats).

• Verified Creators may access limited participant data necessary for running challenges and verifying results. This may include:

  • Display names

  • Email addresses or contact info (for prize delivery/verification)

  • Uploaded proof (photos, videos, measurements)

  • Progress logs and results

• Verified Creators may access only the limited participant data that is strictly necessary for running challenges and verifying results, including:

  • Display names

  • Email addresses or contact information (for prize delivery/verification purposes only)

  • Uploaded proof (photos, videos, measurements)

  • Progress logs and results

  Verified Creators must:

  • Comply with all applicable privacy laws, including but not limited to GDPR, CCPA, and other data protection regulations

  • Use participant data solely for the stated purpose of managing challenges and verifying participant eligibility

  • Implement reasonable security measures to protect participant data from unauthorized access or disclosure

  • Not sell, rent, lease, or transfer participant data to third parties without explicit written consent from participants

  • Delete participant data upon request (where legally permissible) or within 7 days of challenge completion, unless longer retention is required by law

  • Not use participant data for marketing, advertising, or any purpose other than challenge management

• If a Verified Creator experiences a data breach or unauthorized access to participant data, the Creator must notify SWAGR and affected participants within 24 hours. Creators who fail to report breaches promptly may have their verified status revoked, face account termination and be liable for damages.

• Verified Creators agree to protect participant data, use it only for challenge management, and comply with all applicable privacy laws. They also agree to give active members a minimum of 30 days notice before changing any subscription pricing or access dynamics.

• In the event of cancelling or changing subscription offerings, Verified Creators agree to keep content available for all existing premium subscribers until all current subscriptions have reached the end of their current billing cycle. Failing to do so may result community creators being liable for issuing pro-rata refunds or compensation at their own expense.

• SWAGR reserves the right to suspend or remove Verified Creators who misuse participant data, engage in harassment, or fail to follow community standards.

• By joining a verified creator community as a subscriber (and / or challenge participant) you acknowledge and agree to the following:

  • Some of their challenge-related data will be visible to the Host for verification and prize management purposes.

  • The creator may decide to cancel subscriptions for their community (including both free and paid options). In the event this occurs, any active premium subscribers (paid) will retain access to the creators content in a sunset format until the end of their current billing cycle. All premium subscribers agree that they are joining as a paid member at their own risk and the creator makes no guarantee to the length or fixed inclusions of their subscription offerings.

  • If you violate community rules or broader Swagr terms and conditions, a creator may block or remove you from their community. In this situation you will not be eligible for a full or partial subscription refund. We expect all members to support a healthy, friendly and respectful environment.

6. User Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities conducted under your account. You agree to notify SWAGR immediately of any unauthorized access or use of your account.

• You are responsible for providing accurate and truthful information when using the App.

• You agree not to misuse the App, including but not limited to hacking, unauthorised data collection, or violating the intellectual property rights of others.

• You agree to treat all users respectfully, without harassment, discrimination, or abusive behaviour.

• You will not upload or share unlawful, threatening, harassing, defamatory, obscene, explicit, pornographic, hateful, or discriminatory content.

7. Participant-Specific Terms

7.1 Participation in Challenges

• You agree to pay the entry fee listed for any Challenge you join.

• For prize pool challenges, you agree to:

  • Provide all information required by SWAGR and Borderless (or other payment processors) to verify your identity, eligibility, and ability to receive winnings

  • Complete any Know Your Customer (KYC), anti-money laundering (AML), or other regulatory compliance verifications

  • Acknowledge that fees, exchange rates, currency conversion charges, and processing costs may significantly reduce the final payout amount you receive

  • Understand that SWAGR cannot guarantee the exact amount you will receive due to fluctuating exchange rates and third-party processor fees

  • Accept that delays in payout processing may occur due to payment processor requirements, regulatory compliance, or fraud investigations

• You agree to read and follow the Challenge rules, including completing required activities and submitting proof (photos, videos) honestly if required.

• Refunds will be processed only under the following circumstances:

  • The Host cancels the Challenge prior to its completion

  • The Host removes you from the Challenge for reasons unrelated to rule violations

  • SWAGR determines a refund is appropriate due to documented rule violations by the Host or fraud

  Refunds will be subject to:

  • Deduction of transaction fees charged by the payment processor (typically 3 - 5% of the entry amount)

  • Deduction of any currency conversion fees or charges already incurred

  • Processing delays of 5-10 business days

  • Potential withholding if a refund is disputed or if the Challenge is under fraud investigation

  No refunds will be issued for:

  • Participant withdrawal or dissatisfaction with Challenge rules

  • Participant failure to complete Challenge requirements

  • Participant disqualification for rule violations, cheating, or fraudulent activity

  • Changes in participant circumstances or ability to participate

  Refund requests must be submitted within 3 days of the triggering event. SWAGR may deny refund requests submitted after 3 days.

• For in-person Challenges:

  • Attendance may be required.

  • You are solely responsible for your safety and compliance with local laws or health guidelines.

• Hosts are generally responsible for verifying results and selecting winners. SWAGR may assist in disputes but typically respects the Host’s decision unless rules are clearly broken.

7.2 Conversion rates, fee’s and prize redemptions

By participating in a paid challenge with a prize pool, you acknowledge and agree to the following:

1. Currency Conversion:

• Your entry fee is collected in the currency of your payment method (determined by your payment processor).

• Prize payouts are processed via Borderless and may be paid in a different currency than your entry fee.

• If currency conversion is required, it will be processed automatically by Stripe and/or Borderless according to their exchange rates and policies.

• Conversion rates applied may differ significantly from real-time market rates or rates offered by other providers or banks.

2. Fees and Charges:

• Both Stripe and Borderless may apply their own exchange rate markups and processing fees to the conversion.

• SWAGR does not set these rates or fees; they are determined solely by the payment processors according to their policies.

• These fees may reduce the final payout amount by 3-8% or more, depending on the currencies involved and processor policies.

3. No Guarantee of Amount:

• SWAGR cannot guarantee the exact amount you will receive in your payout currency.

• The final amount may be materially lower than the prize amount or your original entry fee.

• You are solely responsible for understanding and accepting potential currency conversion impacts before joining a challenge.

4. Information Required for Payout:

• To receive any prize pool winnings, you must provide personal information (as required by Borderless and applicable law), which may include (but is not limited to):

  • Full legal name

  • Date of birth

  • Government-issued ID documentation

  • Bank account or payment method information

  • Tax identification information (if required by law)

• You consent to SWAGR and Borderless verifying this information and conducting identity verification.

• SWAGR cannot process or transfer funds directly; all payouts are processed through Borderless.

• Failure to provide required information or completion of verification may result in forfeiture of winnings.

5. Payout Timeline:

• Once a winner is declared and verified, payouts will be processed within 5-10 business days, though delays may occur due to payment processor processing times, banking delays, or regulatory compliance holds.

• SWAGR is not responsible for delays caused by Borderless, your bank, or other third parties.

6. Payout Hold for Fraud Investigation:

• SWAGR or Borderless may hold payouts for investigation if fraud or irregularities are suspected.

• Investigation holds may last up to 30 days or longer if required by law or regulation.

• If fraud is confirmed, winnings will be forfeited and may not be returned.

8. Host-Specific Terms

8.1 Hosting a Challenge

• You must provide clear, accurate, and complete information about your Challenge, including:

  • Rules and goals

  • Start and end dates

  • Entry fees and prize pool

  • Proof requirements (photos, videos)

• You are responsible for:

  • Communicating professionally with participants

  • Reviewing submissions fairly

  • Selecting winners in good faith

  • Promptly notifying participants of changes or cancellations

8.2 Payments and Commissions

• SWAGR may charge a service fee on participant entry payments.

• Commissions and payouts to Hosts are subject to the same currency conversion terms outlined in Section 7.2 above. Additionally:

  • Entry fees may be collected in multiple currencies and converted to a single currency for processing (determined by Stripe's policies).

  • Host commissions are calculated based on the amount received after participant refunds and SWAGR service fees, then subject to currency conversion fees when paid to the Host.

  • The final commission amount may be 5-15% lower than the original commission percentage due to currency conversion markups and processing fees imposed by payment processors.

  • Hosts are responsible for understanding their own tax obligations related to commission income, which may vary by jurisdiction. SWAGR may issue 1099 forms (in the US) or equivalent tax documentation as required by law.

  • Host commission payments may be withheld or delayed if fraud, chargebacks, or regulatory compliance issues are detected or under investigation.

  • If a Host's payout fails due to incorrect banking information, account closure, fraud flags, or regulatory blocks imposed by the Host's bank or financial institution, SWAGR is not responsible for reprocessing payments. The Host must update their banking information and contact SWAGR support to re-request payout. SWAGR is not liable for lost or delayed funds due to financial institution errors or rejections.

• Verified hosts may set a commission for Premium and Exclusive Challenges, which is deducted from the prize pool.

• Commissions are paid only after you complete winner selection and Swagr’s approval process. Swagr may withhold payouts in cases of suspected fraud or rule violations. Commission amounts may be subject to currency conversion or processing fees as previously outlined.

8.3 Refunds

• Refunds may be issued if:

  • A Challenge is cancelled.

  • You remove a participant.

  • Refunds issued will be minus (-) the transaction fee charged by the payment merchant or any exchange rates charged to us. By hosting a challenge you acknowledge that any refunds will not be 100% in nature.

8.4 Fair Play and Acceptable Use

• You will not cheat, manipulate results, or act in bad faith.

• You will maintain a respectful, inclusive environment for all participants.

• You will comply with all applicable local, state, national, and international laws, including but not limited to:

  • Contest, gaming, gambling, and sweepstakes laws

  • Prize and promotion regulations

  • Tax and financial reporting requirements

  • Data protection and privacy laws (including GDPR, CCPA, and others)

  • Consumer protection laws

  • Intellectual property laws

  • Anti-money laundering (AML) and Know Your Customer (KYC) regulations

  Hosts are solely responsible for ensuring their challenges comply with all applicable laws in all jurisdictions where participants may be located. By hosting a challenge, you represent and warrant that you have reviewed applicable laws and determined that your challenge is legal. If SWAGR reasonably believes a challenge violates applicable law, SWAGR may suspend or cancel the challenge, withhold payouts, and terminate the Host's account without liability. You agree to indemnify SWAGR against any legal claims, fines, or penalties arising from your violation of applicable laws.

9. User Content

• You grant SWAGR and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, copy, modify, display, and distribute your uploaded photos, videos, and other content for:

  • Challenge verification and participant eligibility determination

  • Dispute resolution and fraud investigation

  • Platform improvement and analytics (in aggregated or anonymized form)

  • Platform promotion, marketing, and social media posting (with anonymization where reasonably possible; identifiable faces or personal details will be obscured or pixelated unless you provide separate written consent)

  You represent and warrant that:

  • You own or have the legal right to grant rights in all content you upload

  • Your content does not infringe third-party intellectual property, privacy, or publicity rights

  • You have obtained all necessary consent from any individuals depicted in your content

  • Your content is not defamatory, obscene, or unlawful

  SWAGR may use your content in promotional materials, case studies, marketing campaigns, or social media without further compensation or notification, except where privacy laws prohibit such use. You waive any moral rights in your content.

• SWAGR may remove or disable content that violates these Terms or our community guidelines.

10. Community Guidelines for Messaging and Chats

To keep SWAGR a safe, supportive, and motivating space, you agree to follow these community guidelines when using any in-app messaging or community chat features:

10.1 Respectful Communication

• Treat all users with courtesy and respect.

• No harassment, bullying, threats, or intimidation.

• No hate speech or discriminatory remarks based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or any other protected characteristic.

10.2 Appropriate Content

• Do not share obscene, pornographic, or sexually explicit content.

• Do not post or link to violent, graphic, or shocking content.

• No spamming, advertising, or solicitations unrelated to SWAGR challenges or communities.

10.3 Health and Safety

• Avoid giving unqualified medical, fitness, or nutritional advice that may endanger others.

• Encourage responsible participation and respect users’ personal limits.

10.4 Privacy and Confidentiality

• Do not share personal or sensitive information about yourself or others without consent.

• Respect other users’ privacy in direct messages and group chats.

10.5 Proof and Verification Chats

• If required to share proof (photos/videos) in a chat for verification, ensure it is honest and matches the Challenge requirements.

• Do not misuse or distribute another user’s proof without their permission.

10.6 Moderation and Enforcement

• SWAGR and Hosts may moderate chats to maintain a safe environment.

• We may warn, restrict, suspend, or remove users who violate these guidelines or the broader Terms and Conditions.

• Serious violations may lead to permanent account termination.

By using messaging and community chat features, you agree to follow these guidelines to help keep SWAGR a positive, respectful, and motivating space for everyone.

11. Swagr’s Role

• SWAGR is a neutral platform provider that facilitates payments, communication, and user discovery.

• SWAGR does not directly organise or supervise Challenges (except for platform-run events). Hosts are responsible for their own rules, verification, winner selection, and prize distribution.

• SWAGR may assist in dispute resolution but has final authority on platform refunds or suspensions.

• Limitation of SWAGR's Liability for User Conduct: SWAGR is not responsible for the conduct, actions, omissions, or content of any Hosts, Participants, or other users. This includes but is not limited to:

  • Fraud, cheating, or manipulation by any user

  • Disputes between participants or between a Host and participant

  • Failure of a Host to pay commissions or a participant to receive winnings

  • Harmful advice or recommendations provided by Hosts or other users

  • Violation of laws by users

  • Data breaches caused by user negligence or misuse

  SWAGR's remedies (suspension, termination, refunds) are provided in its sole discretion and are the exclusive remedy for user violations. SWAGR is not liable for any damages resulting from its enforcement or non-enforcement of these Terms.

12. Limitation of Liability

Disclaimer of Warranties THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWAGR DISCLAIMS ALL WARRANTIES, INCLUDING:

• WARRANTY OF MERCHANTABILITY

• WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE

• WARRANTY OF TITLE AND NON-INFRINGEMENT

• WARRANTY OF ACCURACY, COMPLETENESS, OR TIMELINESS OF CONTENT

• WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION

SWAGR DOES NOT WARRANT THAT:

• The App will meet your requirements or expectations

• The App will be uninterrupted, timely, secure, or error-free

• Any defects or errors will be corrected

• The App will be compatible with your devices or systems

• Content will be accurate, complete, or free from harmful code

Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAGR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY:

• DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES

• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES

• DAMAGE TO YOUR REPUTATION OR PRIVACY

• COST OF SUBSTITUTE GOODS OR SERVICES

ARISING FROM OR RELATED TO:

• Your use or inability to use the App

• Any content or information provided through the App

• Your participation in or hosting of Challenges

• Disputes between users, including Hosts and Participants

• Paid transactions or payment processing

• Unauthorized access to your account or data

• Third-party conduct or content

• Any other matter related to the App

This limitation applies even if SWAGR has been advised of the possibility of such damages.

Cap on Liability Except where prohibited by law, SWAGR's total liability to you for any and all claims arising out of these Terms or your use of the App shall not exceed the amount you have paid to SWAGR (if any) in the 12 months preceding the claim, or $100 USD, whichever is greater.

Exceptions to Limitation of Liability The above limitations do not apply to:

• Bodily injury or death

• Fraud, gross negligence, or wilful misconduct

• Liability that cannot be limited or excluded under applicable law

• Claims for which limiting liability is prohibited by law (e.g., in some jurisdictions, liability for personal injury cannot be limited)

13. Termination

• SWAGR may suspend or terminate your account or hosting privileges at any time, with or without notice, at its sole discretion. Grounds for suspension or termination include but are not limited to:

  • Violations of these Terms and Conditions

  • Fraudulent activity, cheating, or manipulation

  • Harassment, threats, or abusive conduct toward other users

  • Violation of applicable laws

  • Non-payment of fees or chargebacks

  • Suspicious or unusual account activity

  • Regulatory or legal compliance concerns

  • Failure to complete identity verification

  Upon termination:

  • Your access to the App will be immediately revoked

  • Pending payouts may be forfeited

  • Any remaining account balance will be retained by SWAGR

  • SWAGR may report your conduct to relevant authorities if required by law

  You acknowledge that termination may result in loss of all winnings, commissions, and account funds, and that SWAGR's decision to terminate is final and not subject to appeal except where required by law.

• Upon termination, the following sections survive: Medical Disclaimer, Limitation of Liability, Assumption of Risk, Indemnification, Dispute Resolution, and Governing Law. All other obligations terminate upon account termination, except that SWAGR retains the right to pursue remedies for breaches that occurred while your account was active.

14. Changes to Terms

• SWAGR may update these Terms and Conditions at any time by posting the updated version on the App or website.

• Your continued use of the App after the effective date of any changes constitutes your acceptance of the new Terms. If you do not accept the new Terms, you must discontinue use of the App and contact SWAGR support to request account termination. SWAGR may implement changes immediately (without notice) if necessary for security, legal compliance, or to prevent fraud or abuse, in which case notice will be provided as soon as practicable.

15. Dispute Resolution and Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of United States of America (USA), without regard to its conflict of law principles. You agree that your use of the App constitutes consent to the jurisdiction and venue of the courts located in USA.

Arbitration Agreement: Except where prohibited by law, you and SWAGR agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your use of the App (including but not limited to contract disputes, tort claims, and statutory claims) shall be resolved by binding arbitration administered by [ARBITRATION BODY, e.g., JAMS or AAA], rather than by court proceedings.

Arbitration Process:

• The arbitration shall be conducted in USA.

• Each party shall bear its own attorney's fees and costs, unless the arbitrator awards fees to the prevailing party.

• The arbitrator shall apply the substantive law applicable to the claim and may award any relief that would be available in court.

• The arbitration award shall be final and binding and may be enforced in any court of competent jurisdiction.

Class Action Waiver: You and SWAGR agree that any arbitration or court proceeding shall be conducted on an individual basis and not as a class action, representative action, or collective action. You waive the right to participate in any class action or collective action against SWAGR.

Exceptions to Arbitration: Notwithstanding the above, the following matters are not subject to arbitration:

• Small claims court proceedings (if you are eligible and choose to bring your claim there)

• Claims for injunctive relief to prevent fraud or intellectual property infringement

• Claims brought by SWAGR for non-payment or breach of non-disclosure obligations

Statute of Limitations: Regardless of any statute of limitations or repose that applies, any claim or action must be commenced within one (1) year after the cause of action arises, or such claim shall be permanently barred.

16. Indemnification

You agree to indemnify, defend, and hold harmless SWAGR and its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to:

• Your use of the App or violation of these Terms

• Your participation in or hosting of Challenges

• Your violation of any applicable law or regulation

• Your violation of third-party rights (including intellectual property, privacy, or publicity rights)

• Your conduct or content, including harassment or discrimination

• Disputes with other users

• Payment disputes or chargebacks initiated by you

• Any claim that your content infringes third-party intellectual property rights

• Any claim arising from your collection, use, or mishandling of participant data (for Hosts)

SWAGR shall have the right to control the defense of any indemnified claim, including selection of counsel and settlement negotiations. You shall cooperate fully with SWAGR's defense efforts.

17. Compliance with Laws and Sanctions

By using the App and participating in any paid challenges or prize pools, you certify and represent that:

• You are not a citizen, resident, or entity of any country subject to economic sanctions or embargoes

• You do not appear on any government sanctions list, terrorist watch list, or financial crimes enforcement list

• You are not identified as a politically exposed person (PEP) subject to enhanced due diligence

• Your use of the App is not for illegal purposes, including money laundering, financing terrorism, sanctions evasion, or fraud

• All funds used to participate in challenges are derived from lawful sources

• You are not engaging in any activity that would violate anti-money laundering (AML), know your customer (KYC), or sanctions compliance laws

SWAGR and its payment processors (Stripe and Borderless) perform automated screening against government sanctions lists and may decline transactions or freeze accounts without liability if you or your transaction is flagged by automated compliance systems.

You acknowledge that:

• Payment processors may withhold or reverse transactions if compliance concerns are identified

• SWAGR may freeze your account pending compliance review

• SWAGR may report suspicious activity to FinCEN (Financial Crimes Enforcement Network) or relevant government authorities

• SWAGR is not liable for transaction delays or denials due to compliance screening

Violation of this section may result in immediate account termination, permanent blacklisting from the platform, and forfeiture of all funds in your account.

18. Tax Reporting and Obligations

You are solely responsible for understanding and complying with all tax obligations related to your use of the App, participation in challenges, or receipt of prizes or commissions.

For Participants: Prize winnings may be taxable income in your jurisdiction. You are responsible for:

• Reporting all prize winnings to relevant tax authorities

• Paying all applicable income taxes on winnings

• Consulting with a tax professional about your tax obligations

For Hosts: Commissions and host earnings are taxable income. You are responsible for:

• Reporting all commission income to relevant tax authorities

• Paying all applicable income, self-employment, and other taxes

• Maintaining records of all transactions and income

• Consulting with a tax professional about your tax obligations

Tax Reporting by SWAGR: SWAGR will issue appropriate tax documentation (e.g., Form 1099-MISC in the US, or equivalent forms in other jurisdictions) for Hosts whose earnings exceed applicable thresholds (currently $600 USD per calendar year in the US, subject to change).

SWAGR may also issue tax forms for Participants in certain jurisdictions where prizes above a certain threshold must be reported (e.g., $600 USD or equivalent).

By participating as a Host or Participant, you authorize SWAGR to collect and report the information necessary to issue accurate tax forms, including your full legal name, address, tax identification number (SSN, EIN, or equivalent), and earnings.

SWAGR's issuance of tax forms does not relieve you of your obligation to accurately report all income and pay all applicable taxes. Failure to report taxable income may result in tax penalties imposed by government authorities, for which SWAGR is not responsible.

19. Privacy and Data Protection

For detailed information about how SWAGR collects, uses, shares, and protects your personal data, please review SWAGR's separate Privacy Policy on our website. These Terms incorporate the Privacy Policy by reference.

Key Privacy Commitments:

• SWAGR collects only data necessary to operate the App and process payments

• Personal data is protected using industry-standard security measures

• Data is not sold to third parties without your explicit consent (except as required by law)

• You have the right to access, correct, and delete your personal data (subject to legal retention requirements)

• SWAGR complies with applicable privacy laws, including GDPR, CCPA, and others

Data Shared with Third Parties: SWAGR may share necessary information with:

• Payment processors (Stripe, Borderless)

• Challenge Hosts (for verification and prize management)

• Law enforcement or government authorities (if required by law)

• Tax authorities (for tax reporting purposes)

Your Privacy Rights: Depending on your jurisdiction, you may have rights including:

• Right to access your data

• Right to correct inaccurate data

• Right to delete data (right to be forgotten)

• Right to opt out of marketing communications

• Right to data portability

• Right to withdraw consent

To exercise any privacy rights, contact SWAGR via our website www.swagr.com

20. Contact

• For questions or support, please complete the contact us form on our website www.swagr.com

By using SWAGR—including browsing, joining, or hosting challenges—you agree to these Terms and Conditions. Let’s keep the community fair, safe, and motivating for everyone.