Effective Date: July 29, 2026
Sway is a personal audio meditation app for mental well-being (the «App»). The App is provided by the Swiss company netsense GmbH (the «Provider», «we», «us», or «our»).
These Terms of Use govern the use of the App and the relationship between the Provider and users of the App («Users» or «you»). By accepting these Terms during onboarding or by using the App, you agree to them.
Information about how we process personal data is available in our Privacy Policy. Additional terms from Apple, Google, RevenueCat, or other third-party providers may apply to app distribution, payments, and integrated services.
1. The Sway App
1.1 Sway lets Users create personal guided audio meditations («Sways»). Users describe a personal goal and may select options such as duration and meditation technique. The App then generates a Sway for the User.
1.2 Sway is a separate product provided by netsense GmbH. Access to Sway does not grant access to other products or services from the Provider, and access to another product or service does not grant access to Sway.
1.3 The App is provided for supported smartphones and operating-system versions. We decide which platforms, devices, and versions are supported and may change this support over time. Sway does not currently provide a dedicated iPad experience.
1.4 We may provide the App through Apple, Google, and other app stores or service providers. Their applicable terms and policies also apply.
1.5 We may add, change, restrict, or remove functions where reasonably necessary to develop, secure, operate, or comply with legal requirements for the App.
2. Eligibility and Account
2.1 You must be at least 13 years old to use Sway. If you are under the age of legal majority where you live, you may use Sway only with any consent or approval required from a parent, legal guardian, or app marketplace.
2.2 Where required, Sway may use a privacy-preserving age-range signal provided by the operating system or app marketplace. Sway does not require Users to provide their exact date of birth for this purpose. Users who are known to be under 13 cannot use the App.
2.3 Sway creates a technical account after onboarding. The App does not currently require a traditional login with an email address and password. You are responsible for controlling access to your device and for activity associated with your Sway account.
2.4 You must provide accurate information when using the App and keep information that can be changed in the App up to date.
2.5 You can request deletion of your account through the App. Account deletion may permanently remove associated data, Sways, and available Credits. This does not affect data that we must retain to comply with legal obligations or establish, exercise, or defend legal claims.
3. Personal Meditations and Permitted Use
3.1 To create a Sway, you provide a meditation goal and may provide a first name and select a duration or technique. The App uses automated systems, including artificial intelligence, to generate personalized meditation content and audio.
3.2 You retain any rights you have in the information you submit. You grant us the limited rights necessary to receive, process, and transmit that information for generating and delivering your Sway, operating the App, preventing misuse, and meeting legal obligations.
3.3 You must use Sway only for personal, lawful purposes and in accordance with these Terms. You may not misuse the App, interfere with its operation or security, circumvent usage or payment limits, attempt unauthorized access, or use it to violate the rights of others.
3.4 Do not submit content that is unlawful, abusive, threatening, discriminatory, or infringes third-party rights. Do not include another person's personal or sensitive information unless you are legally permitted to do so.
3.5 We may apply automated safety checks to submitted goals and generated content. A request may be rejected or interrupted where it cannot be processed safely, lawfully, or reliably. Safety checks cannot detect every inappropriate or risky request.
3.6 We grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the App for its intended personal purpose while you comply with these Terms.
4. Health and Safety
4.1 Sway is intended to support general mental well-being through guided meditation. It does not provide medical or psychological diagnosis, treatment, or professional advice. Sway is not a medical device, healthcare provider, therapy service, or emergency service.
4.2 Generated Sways are based on the information you provide and may not be appropriate for every person or situation. We do not guarantee any particular health, well-being, sleep, focus, or performance outcome.
4.3 If you have concerns about your physical or mental health, seek advice from a qualified healthcare professional. Do not disregard or delay professional advice because of content in Sway.
4.4 Sway is not suitable for emergencies or acute crises. If you or another person may be in immediate danger, contact the local emergency services or an appropriate crisis service immediately.
4.5 Use Sway only in a safe setting. Do not use the App while driving, operating machinery, or performing an activity that requires your full attention.
5. Meditation Credits and Payments
5.1 The Provider may make some App functions available free of charge and others in exchange for Meditation Credits («Credits»). At our sole discretion, we may provide trial, promotional, or complimentary Credits, including a Credit for a free first Sway. Users have no entitlement to receive such a Credit, to receive a particular number of free Credits, or to receive a free Credit more than once. We may change or discontinue an offer of free Credits at any time before the Credit is granted.
5.2 Creating a Sway may require one or more Credits depending on the selected duration or other options. The applicable Credit cost and your available balance are displayed in the App before creation.
5.3 Credits may be purchased through an app store using payment and purchase services provided by Apple, Google, RevenueCat, or other providers. Prices, currencies, taxes, payment methods, and purchase processing may depend on the applicable app store and region.
5.4 A Credit is deducted only after a generated Sway has been successfully delivered and made available locally in the App. If generation, safety checks, audio delivery, or local storage fails, the corresponding Credit will not be deducted. If a Credit is nevertheless deducted because of a technical error, it will be restored.
5.5 To the extent supported by the applicable app store and purchase service, unused purchased Credits may be restorable. Promotional or complimentary Credits may not be restorable. Generated Sways themselves are not restored.
5.6 Credits are personal, non-transferable, have no cash value, and cannot be exchanged for money. Refunds are governed by mandatory law and the policies of the app store or payment provider through which the purchase was made.
5.7 We may change future Credit packages, prices, or the number of Credits required for future Sways. Such changes do not retroactively alter completed purchases, subject to mandatory law.
6. Local Storage and Data
6.1 Generated Sways, downloaded audio, library information, settings, and detailed meditation progress are primarily stored locally on your device. They are not intended to function as a cloud-synchronized meditation library.
6.2 Deleting the App, deleting a Sway or account, reinstalling the App, losing or replacing your device, or clearing App data may permanently delete generated Sways and local meditation history. You are responsible for protecting your device and locally stored content.
6.3 Unused Credits may also be permanently lost if the App is deleted or reinstalled, the device is lost or replaced, App data is cleared, or the locally stored authentication credentials are lost or become inaccessible. This applies unless restoration is available and successfully completed in accordance with Section 5.5.
6.4 The Provider processes information needed to create and operate the account, generate and deliver Sways, manage Credits and purchases, prevent misuse, provide support, and maintain security. Further details are provided in the Privacy Policy.
6.5 We may collect coarse product events, such as purchase, generation outcome, delivery completion, or safety rejection. We do not treat the backend as a library for your generated meditations or detailed playback history.
7. Intellectual Property
7.1 The App, including its software, design, branding, text, graphics, music, and other materials, is owned by the Provider or its licensors and is protected by applicable intellectual-property laws.
7.2 Except for the limited right to use the App under these Terms, no rights in the App or our intellectual property are transferred to you.
7.3 You may use a generated Sway for your own personal, non-commercial meditation practice. You may not sell, sublicense, publish, distribute, or commercially exploit generated Sways or App content without our prior written consent.
8. Availability, Warranty, and Liability
8.1 We aim to provide Sway in a secure, helpful, and reliable manner. However, the App may be unavailable or impaired because of maintenance, updates, network conditions, device limitations, third-party services, technical errors, safety measures, or events outside our reasonable control.
8.2 Generated content is produced using automated systems and may be incomplete, unsuitable, repetitive, or inaccurate. You remain responsible for assessing whether a Sway and any suggestions or instructions it contains are appropriate and safe for you and your circumstances, and for deciding whether and how to follow or use them.
8.3 To the extent permitted by law, the App is provided without guarantees of uninterrupted availability, error-free operation, compatibility with every device, preservation of local content, or achievement of a particular result.
8.4 To the maximum extent permitted by applicable law, the Provider is liable only for direct damage caused intentionally or through gross negligence. Liability for indirect damage, consequential damage, lost data, lost profits, disappointed expectations, and acts or omissions of auxiliary persons or third-party services is excluded.
8.5 Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by mandatory law, including mandatory consumer-protection law.
9. Suspension and Discontinuation
9.1 We may restrict or suspend access to the App or an account where reasonably necessary to address a breach of these Terms, unlawful conduct, fraud, payment abuse, security risks, harm to others, or legal requirements.
9.2 We may discontinue the App, any function, or the service as a whole at any time for business, technical, security, legal, or other legitimate reasons. To the maximum extent permitted by applicable law, we may do so without prior notice and without liability for damages, compensation, or loss of use. Any promotional or complimentary Credits expire without compensation upon discontinuation. Refunds or other remedies for unused purchased Credits are limited to those required by mandatory law or provided under the policies of the applicable app store or payment provider.
10. Additional Terms for App Marketplace Users
10.1 This Section applies where the App is obtained through the Apple App Store, Google Play, or another app marketplace (each an «App Marketplace»). These Terms are concluded solely between the User and the Provider, not with the App Marketplace. The Provider, not the App Marketplace, is solely responsible for the App and its content. These Terms do not conflict with the applicable usage rules of the App Marketplace.
10.2 The license granted under these Terms is limited to a non-transferable license to use the App on devices that the User owns or controls and as permitted by the applicable App Marketplace's usage rules. For Apps obtained through the Apple App Store, this license is limited to Apple-branded products owned or controlled by the User, subject to the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with the purchaser through family sharing, volume purchasing, legacy contacts, or comparable features where permitted by the applicable App Marketplace.
10.3 The Provider is solely responsible for providing maintenance and support for the App as specified in these Terms or required by applicable law. The App Marketplace has no obligation to provide maintenance or support for the App.
10.4 The Provider is solely responsible for any warranties relating to the App, whether express or implied by law, to the extent they have not been validly excluded. If the App fails to conform to an applicable warranty, the User may notify the applicable App Marketplace. Where provided by its rules, the App Marketplace may refund the purchase price paid for the App, if any. For Apps obtained through the Apple App Store, Apple will refund the purchase price paid for the App, if any, and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation regarding the App. The Provider remains responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty.
10.5 The Provider, not the App Marketplace, is responsible for addressing claims by Users or third parties relating to the App or its possession or use. This includes product-liability claims, claims that the App does not comply with applicable legal or regulatory requirements, and claims under consumer-protection, privacy, or similar laws.
10.6 If a third party claims that the App or a User's possession or use of the App infringes intellectual-property rights, the Provider, not the App Marketplace, is solely responsible for investigating, defending, settling, and discharging that claim.
10.7 The User represents and warrants that the User is not located in a country or region subject to a United States Government embargo or designated by the United States Government as supporting terrorism, and is not listed on a United States Government list of prohibited or restricted parties.
10.8 Users must comply with all applicable third-party terms when using the App, including the usage and payment terms of the applicable App Marketplace and any applicable wireless-data-service agreement.
10.9 To the extent provided by the applicable App Marketplace's terms, the App Marketplace and its affiliates are third-party beneficiaries of these Terms and may enforce the applicable provisions against the User. In particular, Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon the User's acceptance of these Terms, Apple has the right, and is deemed to have accepted the right, to enforce these Terms against the User as a third-party beneficiary.
10.10 Questions, complaints, or claims concerning the App should be directed to netsense GmbH, Zollikerstrasse 153, 8008 Zurich, Switzerland, at info@netsense.ch. Further provider information is available in our Imprint.
11. Final Provisions
11.1 We may update these Terms when the App, our business model, legal requirements, or relevant technology changes. Where required, we will inform Users and request renewed acceptance. The version accepted by the User applies until an updated version takes effect.
11.2 If any provision of these Terms is invalid or unenforceable, the remaining provisions remain unaffected.
11.3 These Terms are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.4 The courts at the registered office of the Provider have jurisdiction, subject to mandatory jurisdictions and mandatory consumer-protection law.
11.5 Questions about these Terms may be sent to info@netsense.ch.