Refund and Cancellation Policy

1. Scope of Application and Service Nature

1.1 This Policy applies to all natural persons or legal entities that complete a paid purchase through the SWAY App, Merchant Portal, official website, or authorized third-party agent channels, including but not limited to the following products:

Billing periods for the Plus plans in the table above: for subscriptions through the official website (ECPay credit card), each period lasts at least 30 days (monthly), 180 days (semi-annual) or 365 days (annual), and in any case until the end of the day of ECPay's next scheduled charge; for subscriptions through the Apple App Store / Google Play, the store's billing cycle applies. The Apple App Store amounts for Plus plans in the table above are New Taiwan Dollar amounts, tax included, for the Taiwan storefront; for subscriptions through Google Play, the amount is as shown on the Google Play checkout page; in each case, the actual amount charged is the amount shown on the respective store's checkout page. Whether the Promotional Price or the Regular Price applies to a Plus plan (including the Promotional Period, Continuous Subscription and the effective date of the Regular Price) is governed by Section 12.1-1 of the Membership Terms of Service; merchant plan prices are governed by §3.2 of this Policy and Sections 3.2 and 3.2-1 of the Merchant Service Agreement. The 30 days of Plus entitlements gifted to Members under Section 12.1-1 of the Membership Terms of Service (sign-up gift) are free of charge, are not a paid purchase under this Policy, and involve no refund.

1.2 Activation of Services

(1) A Member's Plus subscription is activated upon successful payment. Whether or not you actually use it after activation does not affect your right to request a full refund within 7 days under §2.2.1; other refunds are handled under Section 2.

(2) For merchant plans, ad placements and other paid items of merchants or advertisers, delivery and use are determined under §3.6.

(3) If the Company in future offers Members one-time digital in-app purchases that, under Article 2, Subparagraph 5 of the Regulations Governing Reasonable Exceptions to the Right of Cancellation in Distance Sales, are not subject to the 7-day right of cancellation, the Company will inform you of this clearly and understandably before checkout and will provide them only with your prior consent; absent such notice and consent, the 7-day right of cancellation continues to apply.

1.3 (This Section has been moved to §3.6)

1.4 Purchases via Apple App Store / Google Play

For all subscriptions, add-ons, and one-time in-app purchases (IAP) made through the App Store or Google Play, refunds must be requested from the respective platform under that platform's refund policy. The Company does not separately process refunds on behalf of these platforms, but can assist by providing proof of transaction. However, where the Company is to make a pro-rata refund under §1.5 or §6.2 of this Policy, the Company will make the refund by bank transfer. See Section 7 for details.

1.5 Adjustment of Service Content, Features, Pricing, and Geographic Scope

The Company may, based on commercial operating needs, third-party service changes, regulatory changes, market conditions, technology upgrades, cost control, or other legitimate reasons, adjust, add, merge, reduce, or discontinue any service item, feature, quota, geographic scope, or mode of operation, within a reasonable and necessary scope. For the purpose of distinguishing their nature, such adjustments are divided into the following two categories, each governed by different rules:

• (i) Service-side adjustments not affecting consideration: With respect to free services, or adjustments to general feature optimizations, layout and interface, language support, non-core quotas, or quality specifications that do not affect the core entitlements already purchased by a paying user, the Company may implement such adjustments after publishing an announcement in the App or on the official website; such adjustments shall not give rise to any separate right to a refund.
• (ii) Materially adverse changes affecting consideration already paid: With respect to changes that constitute a material disadvantage to paying users, such as significantly reducing the core features a user has already paid for, increasing the rate currently in effect for the user's current period, or discontinuing a service the user has already paid for, the Company shall, prior to the effective date of the change, give individual notice by means reasonably expected to bring the change to the user's attention, such as the registered email or in-App push notification, and shall set forth the effective date and the options available to the user.

Any adjustment to pricing shall apply only to subscriptions newly entered into after the adjustment notice takes effect, or to the next renewal cycle, and shall not be applied retroactively to the current contract for which payment has been made but which has not yet expired. A paying user who does not agree to a materially adverse change under subparagraph (ii) of the preceding paragraph may terminate the contract for the current period at any time from the date the user receives the individual notice until fourteen (14) days after the change takes effect, and the Company shall refund, on a pro-rata basis, the fees paid for the remaining period during which service has not yet been provided. However, for a Promotional-Price Subscription under Section 12.1-1 of the Membership Terms of Service or Section 3.2-1 of the Merchant Service Agreement, the Company will not raise the renewal price for as long as it remains a Continuous Subscription.

This Article shall not affect the rights enjoyed by Members under §2.2.1 (unconditional full refund within 7 days), §2.2.2 (no refund after day 7), and Article 19 of the Consumer Protection Act. With respect to Merchants and Advertisers (B2B), the principles that "a materially adverse change shall afford a right to terminate and to a refund for the unexpired portion" and that "pricing adjustments shall take effect prospectively only and shall not apply retroactively to the current period for which payment has been made" shall likewise apply under this Article.

2. Member (B2C) Refund Rules

2.1 Applicable Legal Authority

Members (B2C natural-person consumers) purchasing Plus subscription plans through the official website (ECPay credit card) enjoy the 7-day no-fault cancellation right under Article 19 of the Consumer Protection Act. The Company provides the following two-tier refund window; Members need not provide proof or pre-consent to any exclusion clause — eligibility is automatic upon meeting the criteria. Purchases through the Apple App Store or Google Play are not covered by these refund windows; their refunds are governed by §1.4 and Section 7 and must be requested by the Member from that store, except that, where the Company is to make a pro-rata refund under §1.5 or §6.2 of this Policy, the Company will make the refund by bank transfer.

2.2 Two-Tier Refund Window

2.2.1 Within 7 Days — Full Refund (Article 19 CPA)

• For each new subscription through the official website (ECPay credit card) (excluding auto-renewal charges of the same subscription; subscriptions through the Apple App Store or Google Play are governed by §1.4 and Section 7 and are not covered by this item), a Member who requests a refund within 7 days after that subscription's first charge date (the charge date itself is not counted; the period runs from the following day and ends at 23:59:59 on the 7th day, or on the later day to which it is extended under the next bullet, Taiwan time) shall receive a full refund of the amount collected.
• The 7-day period above is counted from the date (Taiwan time) of that subscription's first actual charge: the charge date itself is not counted, and the period runs from the following day. If the 7th day falls on a Saturday, Sunday, public holiday in Taiwan or other rest day, the period instead ends at 23:59:59 (Taiwan time) on the next day that is not a rest day. For example, for a charge made at 3:00 p.m. on November 3, 2026, a refund may be requested until 23:59:59 (Taiwan time) on November 10, 2026. The Plus entitlements gifted under Section 12.1-1 of the Membership Terms of Service (sign-up gift) are not charged and are not a subscription charge under this Section; receiving or using the gift neither shortens the 7-day period nor makes it start earlier.
• No deduction for payment processing fees, administrative fees, system handling costs, or used months (even if the Member has used App features).
• Refunds are returned to the original payment channel by default; if the original channel is unavailable (e.g., expired card), refunds shall be made by equivalent bank transfer to the Member's designated account.
• Application method and processing time: apply under §8.1, no reason required; the Company shall return all fees paid through the original payment channel within 15 days from the day after it receives the request (see §8.2); actual posting time by the payment processor is separate (typically 7-14 business days).

2.2.2 After Day 7 — No Refund in Principle (All Plans)

• Refund requests submitted more than 7 days after the first charge date (i.e., after the period set out in §2.2.1 has ended; for example, from November 11 for a charge made on November 3) will not be accepted, regardless of whether the plan is monthly, half-year or annual, and no pro-rata refund by unused months is provided.
• Members may tap "Cancel renewal" in the APP or on the website at any time (subscriptions made through the Apple App Store or Google Play are cancelled in the subscription settings of the respective store; see §2.7) to stop the next automatic charge immediately; benefits already paid for are retained until the end of the current period.
• This reflects a subscription design in which each billing period is the minimum billing unit.
• Exception: the §2.2.1 full refund still applies to a new subscription within 7 days of its first charge date; where any circumstance listed in items (2) to (4) of the first paragraph of §2.6 applies, the relevant provision governs.

2.2.3 Monthly Plans — Current Period Non-Refundable, Cancel Next Anytime

• Member-initiated cancellation in the App or official website (for subscriptions made through the Apple App Store or Google Play, in the subscription settings of the respective store; see §2.7) immediately stops the next billing cycle.
• Current charged amount preserves entitlements until the end of the current billing period; the current charge is non-refundable (regardless of usage). This reflects a subscription design in which each billing period is the minimum billing unit.
• Exception: a new subscription within 7 days of its first charge date is subject to the §2.2.1 full refund; where any circumstance listed in items (2) to (4) of the first paragraph of §2.6 applies, the relevant provision governs.

2.3 Window Exceeded — No Refund

Refund applications submitted more than 7 days after the first charge date (i.e., after the period set out in §2.2.1 has ended) shall not be accepted (where any circumstance listed in items (2) to (4) of the first paragraph of §2.6 applies, the relevant provision governs); the Member may cancel the next renewal at any time in the App or official website (for subscriptions made through the Apple App Store or Google Play, in the subscription settings of the respective store; see §2.7), with entitlements preserved until the end of the current period.

Where a Member applies for a refund merely because the Member is dissatisfied with general adjustments to plans or features, the Company may decline to accept the application; however, a materially adverse change under §1.5(ii) or §6.2(ii) is handled under the relevant section.

2.4 Refund Method

Refunds are made via the original payment route in principle — payments made by credit card through ECPay are refunded to the original credit card. If the original channel cannot process the refund due to technical reasons (e.g., expired or cancelled card), an equivalent transfer will be made to a bank account in the Member's own name designated by the Member instead. The Company does not substitute points, coupons or credit vouchers for a refund (see also §9.1).

2.5 Physical Goods and Redeemed Items

• The Company does not currently sell physical membership cards or merchandise; if it does so in the future, returns and exchanges will be handled under Article 19 of the Consumer Protection Act and the rules announced at that time.
• Used member discounts and member-exclusive content redemptions are not returnable, not refundable, and not exchangeable.

2.6 Circumstances Where No Refund Is Available

The items of this §2.6 do not apply to, and do not affect, the following:

• (1) A Member's right to an "unconditional full refund within 7 days of a new subscription" under §2.2.1 (Article 19 of the Consumer Protection Act);
• (2) Pro-rata refunds for the period for which the service has not yet been provided, as required under §1.5 and §6.2 of this Policy and Sections 2.2, 19.1 and 21.3 of the Membership Terms of Service;
• (3) Refunds of amounts or differences required under item 5 of §2.7 (charges made after cancellation of renewal) and §5.2 (duplicate charges or billing errors attributable to the Company) of this Policy, and items 6 and 7 of Section 12.1-1 of the Membership Terms of Service;
• (4) Refunds for minors handled under §2.8.

Except in the cases set out in the preceding paragraph, after the 7-day cooling-off period has expired, under any of the following circumstances, the Company will not refund; if a refund has been issued, the Company may claim the return of the refunded amount in accordance with the law (the Company maintains no stored-value balance for Members and does not offset against points a Member has accumulated with merchants or merchant coupons the Member has claimed):

• The Member has violated any provision of the Terms of Service, the Community Guidelines, the Copyright Infringement Notice Policy, or this Policy, resulting in account warning, suspension, or termination;
• The Member has obtained membership through fraud, card fraud, identity impersonation, chargeback, false identity, multi-account, robotic, automated, simulator, cross-border location forgery, VPN, Proxy, or any circumvention means;
• The Member has obtained, redeemed, or used any gift, points, coupons, merchant discounts, physical benefits, event participation rights, member-exclusive content, API quota, real-time Google fallback quota, cross-country location, or no third-party ads through Plus status;
• The Member has provided their personal QR code or member ID for binding with any merchant, or the merchant backend has recorded the Member's consumption / point / redemption / attendance records (deemed actual enjoyment of member value);
• The Member's refund request was filed after the Company announced adjustments to plans, promotions, features, geographic scope, or pricing structure, with the substantive reason being "dissatisfaction with plan changes" (except where the Member may terminate and obtain a refund under §1.5 or §6.2);
• The Member's refund request is based on subjective expectations of future services, third-party information, comparison with competing products, social media rumors, misunderstanding of feature usage, misjudgment of usage scenarios, device incompatibility (OS version, model limitations, network conditions), or other matters unrelated to the Company;
• Application filed after the §2.2 refund window (more than 7 days after the first charge date);
• The Member has already obtained a refund for the same transaction through the Apple App Store, Google Play, or the credit card issuing bank; the refunded amount may not be claimed again from the Company;
• The Member is a minor and the legal representative applies for a refund: handled under §2.8;
• The Member purchased through a multi-user shared family account, group account, or corporate account; any one user's use is deemed use of the entire account;
• The Member owes the Company any fee, liquidated damages, or compensation at the time of application;
• Charges resulting from the Member's device malfunction, loss, forgotten password, change of email or phone number, inability to log in, or unauthorized use of payment method by family or third party — the Company bears no refund liability.

2.7 Cancellation of Auto-Renewal

• All Company subscription plans default to auto-renewal upon expiration; this design is the standard industry practice for subscription economics, and Members are deemed to be aware of and consent to this at purchase.
• Members may cancel auto-renewal at any time in the App under "Profile" (bottom tab) → "Membership" → "Cancel renewal"; current entitlements continue to expiration, and no further charge is made for the next period. Current period charges are subject to the §2.2 refund window (for subscriptions through the official website, full refund for a new subscription within 7 days of its first charge date; after 7 days no refund for any plan, including no pro-rata refund of unused months).
• Retention of the Promotional Price: after auto-renewal of a Promotional-Price Subscription under Section 12.1-1 of the Membership Terms of Service is cancelled, if the Member does not subscribe again within 7 days after its paid period ends, any later subscription is charged at the Regular Price under that Section (except where the Promotional Price still applies under item 3 of that Section); a refunded subscription does not retain the Promotional Price. The Company displays this rule in the cancellation function provided in the App and on the official website.
• Auto-renewal charges resulting from the Member's failure to actively cancel absolutely do not constitute grounds for refund. The Company may, in good faith, send reminders by email, in-app notification, or push at reasonable times before each charge; such reminders are NOT contractual obligations of the Company; failure to deliver, landing in spam, push not enabled, or email account changes do not affect the validity of the charge.
• Renewals set up by the Member through the Apple App Store or Google Play must be cancelled in the subscription settings of the respective store; the App cannot cancel them on the Member's behalf. For subscriptions made on the official website by ECPay credit card recurring billing, once the Member taps "Cancel renewal" in the App or on the official website, the Company promptly notifies ECPay to stop further charges; if a charge is nevertheless made after cancellation, the Company will refund that charge in full.

2.8 Refunds for Minors

(1) A request for a full refund within 7 days under §2.2.1 is handled under §8.1, and no document needs to be provided under this Section.

(2) Where a minor under 18 years of age, without the consent of their legal representative (parent or guardian), has paid for a Plus subscription through the official website (ECPay credit card), and the legal representative notifies the Company that they do not ratify that payment, the Company will, after confirming the applicant's identity and their relationship with the minor, refund the Plus payments made by the minor without consent (including subsequent automatic renewal charges), and will at the same time terminate the automatic renewal of that subscription and the Plus entitlements obtained through those payments. However, this does not apply to charges made after the legal representative, having learned of the subscription, allowed it to continue to renew.

(3) How to apply: the legal representative emails support@swayfoodapp.com, stating the registered email address or order number of the minor's account, and attaches one document sufficient to prove the family or guardianship relationship between the applicant and the minor and the minor's date of birth (for example, the relevant pages of the household registration book or a household registration transcript, a court ruling appointing a guardian, or an equivalent document issued in another country or region). Parts of the document unrelated to this proof (for example, national ID numbers, addresses, or information on other family members) may be redacted by the applicant. The Company does not require any parenting declaration or written undertaking, nor the return of, or a deduction for, any entitlements already used.

(4) Processing time: the Company refunds through the original payment method within 15 days from the day after receiving the information described in item (3); where the original payment method cannot be used, §2.4 applies. If the information is insufficient for confirmation, the Company will ask for it to be supplemented.

(5) The documents described in item (3) are used only to confirm the applicant's identity and relationship and are deleted by the Company within 30 days after the refund has been processed; where there is a dispute, they are retained until the dispute is concluded (see also §9.3 of the Privacy Policy).

(6) Payments made through the Apple App Store or Google Play are made to the respective store; the legal representative should apply to that store for a refund under Section 7. At the legal representative's request, the Company will provide proof of the transaction to assist the application.

(7) Under Article 83 of the Civil Code, where a minor uses fraudulent means to make the Company believe that they are an adult or have obtained the consent of their legal representative, the payment remains valid, and item (2) does not apply.

(8) Where the Company does not grant a refund, it will state its reasons by email; an applicant who disagrees may request a review under §8.3, and may at any time, in accordance with the law, file a complaint with a consumer ombudsman, apply for mediation of a consumer dispute, or file a lawsuit, regardless of the outcome of the Company's review.

3. Merchant (B2B) Refund Rules

3.1 Free Plan and Evaluation

The Merchant may first use the Free Claim Plan free of charge (its service content is as set out in Section 3.2 of the Merchant Service Agreement; the Company reserves the right to adjust the service content in accordance with this Policy) for evaluation, and then decide whether to upgrade to a paid plan. Paid plans (Plus Merchant, chain plans, Enterprise) do not include any separate trial period; apart from the access provided before paid plans open for subscription under Section 3.4 of the Merchant Service Agreement and the 30-day gift under Section 3.4-1 of that Agreement, they do not include any unpaid period; no fee is charged for that access or that gift, neither is a trial period, and no refund issue arises; the Promotional Price under Section 3.2-1 of the Merchant Service Agreement is a price discount, not a trial period.

As a commercial customer, the Merchant decides to upgrade to a paid plan on its own business judgment; signing and paying is deemed full understanding of the service content, and the Merchant may not subsequently request a refund on the grounds of "did not trial," "did not actually use," or "listing delay."

3.2 Refund After Payment (Non-Refundable in Principle)

Once a Merchant plan is paid and activated, the Company allocates substantive services including server resources, ad placements, push quotas, customer service priority (the priority customer service under Section 3.2 of the Merchant Service Agreement: emails the Merchant sends to merchant@swayfoodapp.com are handled first; no response time is promised), human moderation hours, CRM storage, and marketing tool quotas. Except in the circumstances listed in §3.3, paid plans are non-refundable after payment (regardless of the Merchant's actual usage, listing status, or staffing); the Merchant may only stop the next billing cycle. Where the Merchant changes plans during a paid period, the unused value of the original plan is converted into days of the new plan under Section 3.4, and no cash is refunded either.

• Monthly plans (Plus Merchant Promotional Price NT$299 / Regular Price NT$599; Chain plans for 2 to 5 stores, priced under Section 3.2 of the Merchant Service Agreement): The Merchant may disable auto-renewal in the merchant backend at any time to stop charges from the following month. Amounts already charged for the current period retain service entitlements until the end of the current billing period and are non-refundable;
• Semi-annual / Annual plans (Plus Merchant Promotional Price NT$1,499/half-year and NT$2,699/year, Regular Price NT$2,990/half-year and NT$5,390/year; Chain plans for 2 to 5 stores, priced under Section 3.2 of the Merchant Service Agreement): Service entitlements are retained until the end of the term; the Merchant may disable auto-renewal before expiry. Amounts paid within the contract term are non-refundable, and pro-rata refunds are not accepted. Whether the Promotional Price or the Regular Price applies is governed by Section 3.2-1 of the Merchant Service Agreement;
• Enterprise negotiated plans: Refund conditions follow the individually signed IO (Insertion Order) or project contract; absent individual agreement, the non-refundable principle of this article applies;
• Paid ad placements / advertising and other per-slot billing items: Once the Company confirms scheduling or activation, refunds are not granted, including where execution fails due to the Merchant's own reasons (material delays, budget errors, event cancellations, personnel changes). However, where a slot cannot be executed for reasons attributable to the Company, the fees for the unexecuted portion are refunded under §3.3;
• False, missing, or revoked trademark certification leading to rejection or suspension: Handled pursuant to §W.4(7) of the Merchant Service Agreement; forged or false trademark certification being a cause attributable to the Merchant, the amounts paid are non-refundable;
• Plan downgrade for non-payment (including failed recurring charges): Handled pursuant to Section 6.3 of the Merchant Service Agreement (and, for chain brands, also Section W.6): when a charge fails, the Company notifies the Merchant by registered email and back-office message to update its payment method; if no charge has succeeded by the end of the current paid period (no grace period is given), the plan moves to the Free Claim Plan and the acceptance of online reservations and queuing from the public is suspended at the same time (reservations already made are not affected); if a charge later succeeds (including a later successful charge under the original recurring billing authorization, or a new subscription by the Merchant for which payment is completed), the paid plan and the reservation and queuing settings in place before the downgrade are restored; if charges fail in 3 consecutive periods (failed retries within the same period count as 1 period), the Company terminates that recurring billing authorization. Amounts paid are non-refundable.

The Merchant should carefully assess its own needs before payment and may first test with the Free Claim Plan if necessary. The Company has absolute, unilateral discretion over the opening, closing, conditions, and applicable plans of any trial period; if the Company opens a trial period for any paid plan in the future, it will announce it by amending this Policy, and this does not create any obligation for the Company to offer a trial period at this stage.

3.3 Exceptional Refund Circumstances (Consistent with Section 7.2 of the Merchant Service Agreement)

In any of the following circumstances, the Merchant may request a pro-rata refund for the period for which the service has not yet been provided:

• Causes attributable to the Company, including a material breach by the Company or the complete unavailability of the core features specified in the contract for 14 consecutive days or more;
• The Merchant's lawful cessation of business, or the death of the principal, the principal's inability to continue operating due to serious injury or illness, or similar circumstances;
• A change in law that prevents the Company from continuing to provide the core services specified in the contract;
• For per-slot billing items such as ad placements, where a slot cannot be executed for reasons attributable to the Company, the fees for the unexecuted portion are refunded.

Pro-rata refund amount = amount actually paid for the current period × (number of days in the current period for which the service has not yet been provided ÷ total number of days in the current period), in New Taiwan Dollars, rounded to the nearest whole dollar (half up); the Company does not deduct any handling fees or other service costs.

The Merchant shall provide the necessary supporting evidence (for example, records of the approval or registration of the cessation of business). The Company shall, in good faith, make a reasonable determination as to whether to refund and the amount, and state its reasons by email; this is not at the Company's arbitrary discretion. A Merchant who disagrees may request a review under §8.3 or seek remedies under Section 13 of the Merchant Service Agreement.

Where a pro-rata refund may be claimed under Section 1.3 (materially adverse amendments to the Agreement) or Section 12.2 (termination not due to the Merchant's material breach) of the Merchant Service Agreement, the relevant Section governs.

3.4 Plan Changes (Upgrade, Downgrade, Billing-Cycle Change)

• Changes during a paid period: During a paid period, the Merchant may upgrade, downgrade or change its billing cycle in the merchant backend; a Merchant that has cancelled renewal but whose paid period has not yet ended may subscribe again to the same or another plan, and a Merchant whose charge has failed may subscribe again with another credit card, in each case under this Section. A change to a chain plan is governed by Section 3.5(d) of the Merchant Service Agreement; a change to the Enterprise plan is governed by the individual project contract or a payment link provided by the Company.
• Immediate effect through a new recurring authorization: Because the amount of each ECPay recurring charge cannot be changed once authorized, a plan change is made by creating a new recurring authorization. When the Merchant confirms the change, it pays the first period of the new plan and billing cycle; the change takes effect when that charge succeeds, and each later period is charged automatically under the new authorization. The price of the new plan (Promotional Price or Regular Price) is determined under Section 3.2-1 of the Merchant Service Agreement and is the amount shown on the confirmation screen in the merchant backend. After the first charge under the new authorization succeeds, the Company terminates the original recurring authorization with ECPay; any charge made under the original authorization before it is terminated is handled under Section 5.2 of this Policy.
• Conversion of the unused value of the original plan into days of the new plan: The entitlements of the original plan end when the change takes effect, and its unused value is converted into days of the new plan, which are added after each period's entitlement end date of the new plan:
  • Unused value = amount actually paid for the current period of the original plan × time remaining in the current period ÷ total time of the current period; where the original plan also has unused converted days obtained from an earlier plan change, their value is calculated at a daily rate of "amount actually paid per period of the original plan ÷ standard days of the original billing cycle" and added;
  • Converted days = unused value ÷ (price per period of the new plan ÷ standard days of the new billing cycle), with any fraction of a day disregarded;
  • Standard days: monthly 30 days, semi-annual 180 days, annual 365 days;
  • Converted days are calculated when the change takes effect; the number of days shown in the merchant backend before confirmation is an estimate. Where a later charge of the new plan succeeds only during the converted days, the days that have elapsed (any part of a day counting as one day) are deducted from the remaining converted days.
• No cash refund: Whether the change is an upgrade, a downgrade or a billing-cycle change, no amount paid, and no difference, is refunded in cash; the unused value of the original plan may only be converted into days of the new plan under the preceding item.
• From a chain plan to a single-store plan: Where the Brand Headquarters changes from a chain plan to a single-store plan during a paid period, the current paid period of the chain plan ends when the change takes effect, and each store is handled under item 1 of Section W.6 of the Merchant Service Agreement.

3.5 Liquidated Damages and Damages

Should a Merchant breach the Merchant Service Agreement, the Community Guidelines, or this Policy (including but not limited to: disseminating or purchasing fake reviews, maliciously manipulating reviews, manipulating ratings, using members' personal data for commercial purposes outside this platform, publishing unlawful or false content, selling or transferring an account, circumventing platform billing, or infringing the intellectual property rights of others), the Company may:

• Terminate the cooperative relationship and suspend the account: With respect to a material breach, the Company may immediately terminate the contract and cease providing services; for the remaining period for which service has not yet been provided after termination takes effect, the Company shall not provide a refund; provided that the Company shall not additionally forfeit amounts attributable to the period during which service has actually been provided.
• Claim agreed liquidated damages (as a pre-estimate of the amount of damages): agreed liquidated damages capped at the Merchant's annual contract amount for the current period. Where the damage actually sustained by the Company is less than such amount, the Merchant may, pursuant to Article 252 of the Civil Code, request the court to reduce it to an appropriate amount.
• Claim compensation for damage actually sustained: with respect to quantifiable damage actually sustained and proven by the Company (including but not limited to server and personnel costs, platform clean-up costs, claims made against the Company by third parties as a result of the Merchant's conduct, and fines imposed on the Company by competent authorities as a result of the Merchant's conduct), claim compensation in accordance with the provisions of the Civil Code.
• Statement of fact: With respect to facts of breach confirmed by a final judgment, or confirmed by reason of the Merchant's non-contestation, the Company may make a statement of fact to the extent necessary (provided that such statement does not constitute falsehood or defamation).
• Depending on the gravity of the circumstances, pursue civil or criminal liability in accordance with the law, under the Criminal Code, the Fair Trade Act, the Trademark Act, the Copyright Act, the Personal Data Protection Act, and other provisions of law.

The burden of proof as to the facts of breach shall be determined in accordance with Article 277 of the Code of Civil Procedure and the provisions of relevant laws.

3.6 Delivery and Use of Services (Applicable to Merchants and Advertisers)

Merchant plans, ad placements and other paid items of merchants or advertisers are delivered when, at the service delivery time set out in the table in §1.1 (for merchant plans, upon payment success or back-office activation, whichever is earlier; for ad placements, upon scheduling confirmation and resource occupation), the Company's systems automatically activate the features and allocate resources such as server resources, placements and push quotas. Whether the merchant or advertiser subsequently logs in, operates or uses the service does not affect the effect of delivery and does not constitute grounds for a refund; however, where a refund may be requested under §3.3 or the proviso to §4.2 of this Policy, or under Sections 1.3, 7.2 or 12.2 of the Merchant Service Agreement, the relevant provision governs.

4. Refunds for Advertisers and Third-Party Vendors

4.1 Third-party vendors that place advertising through the Merchant Portal or business contacts (including but not limited to brands, marketing agencies, ad exchanges, media buying agents, affiliate marketing partners) are governed by their individually signed Insertion Order (IO), Advertising Contract, or Media Plan regarding refund rules. Where no individual agreement exists, the stricter of this Section and Section 3 shall apply.

4.2 Advertising plans, once scheduled and confirmed by the Company, are deemed "placement occupied" resources, and payments made are non-refundable; however, where a slot cannot be executed for reasons attributable to the Company, the Company refunds the fees for the unexecuted portion (Section 7.2 of the Merchant Service Agreement). Where execution fails due to the advertiser's own reasons (material delays, budget errors, event cancellations, decision changes, contact personnel changes, invoice format disputes), payments made are non-refundable; the Company may, at its sole discretion, decide whether to compensate after the slot ends (if compensation is given, it is credited to the advertiser's "Ad Wallet" in the Merchant Portal; no cash refund).

4.3 Advertising effect data (including impressions, clicks, conversions, dwell time, bounce rate, and engagement rate) shall serve as the basis for billing on the basis of the Company's backend statistics. Where data from third-party tracking tools (Google Analytics, Meta Pixel, third-party attribution platforms) is inconsistent with the Company's backend due to technical factors such as cookie limitations, attribution windows, deduplication logic, or time-zone differences, billing shall be based on the Company's backend; the Company shall not be responsible for discrepancies attributable to third-party tools. An advertiser who disputes the Company's data may, within thirty (30) days of the end of the campaign, submit a written review request together with the basis therefor, and the Company shall provide the relevant campaign statistics for that placement for reconciliation. Where no such request is submitted within the prescribed period, the advertiser shall be deemed to have no objection to the billing result for that placement, and the Company shall no longer entertain any subsequent review or fee-adjustment request made under this agreement. The agreement as to the period set forth in the preceding sentence shall not affect any right the advertiser may assert in respect of the Company's intentional act or gross negligence, or under the provisions of law.

4.4 If creative materials uploaded by the Advertiser violate the Company's review standards, applicable laws (including but not limited to Fair Trade Act, Consumer Protection Act, Tobacco Hazards Prevention Act, Act Governing Food Safety and Sanitation, Personal Data Protection Act), Apple App Store / Google Play policies, or social media platform community standards, leading to removal, warning, fines, or criminal prosecution, payments made are non-refundable; the Advertiser shall bear full liability for all damages caused to the Company (including third-party advertiser claims, platform fines, reputational damage, app store review demotions, customer service handling costs).

4.5 Refund applications by advertisers are subject to this Section 4's strict review regardless of amount.

5. Payment Disputes and Credit Card Chargebacks

5.1 Handling of Credit Card Chargebacks

• A Member, Merchant, or Advertiser who has any question regarding a payment is encouraged to contact the Company's customer service first. Customer service is provided through two email inboxes: support@swayfoodapp.com (Members) and merchant@swayfoodapp.com (Merchants / Advertisers) (for how to apply for a refund, see §8.1); the Company does not provide telephone customer service. Most disputes can be resolved more promptly through this route.
• The Company respects a cardholder's right to a chargeback in respect of unauthorized transactions, services not rendered, or duplicate charges, in accordance with the rules of the card scheme and applicable laws. The mere exercise of the right to a chargeback shall not be regarded by the Company as malicious, nor shall it result in a categorical refusal of refund.
• Where a chargeback is verified by the Company to be genuinely a malicious, fraudulent dispute (for example, abusing the chargeback mechanism to obtain free use after the service has been fully consumed, or providing false information to obtain a refund), the Company may:
  • suspend the account concerned; and, where there is concrete evidence indicating malicious associated accounts of the same person, suspend such accounts together;
  • claim reimbursement of the dispute-handling fees actually charged by, and capable of being proven to have been charged by, the payment institution or acquirer and borne by the Company as a result of such malicious dispute (excluding any punitive surcharge);
  • reserve the right to pursue civil liability in accordance with the provisions of law with respect to malicious, fraudulent conduct verified to be true.
• With respect to an account verified to be malicious, the Company may restrict its re-registration for a reasonable period. A Member's / Merchant's refund of fees already paid shall continue to be handled in accordance with the windows set forth in Section 2 (Members) and Section 3 (Merchants) of this Policy; the Company shall not forfeit any refund to which the Member / Merchant is entitled under this Policy by reason of the filing of a dispute.

5.2 Duplicate Charges / Service Not Received

• For duplicate charges, or billing errors attributable to the Company, that the Company has verified, regardless of when the Member / Merchant discovers them, the Company will proactively correct them and refund the full amount to the original payment channel, issuing the refund instruction within 15 days from the day after confirmation; actual posting time depends on the processing times of the third-party payment platform and issuing bank.
• The Member / Merchant may notify the Company at any time by email (support@swayfoodapp.com or merchant@swayfoodapp.com), providing the order number or charge date where possible to assist verification.
• Refunds to incorrect accounts due to inaccurate or misfiled information by the Member / Merchant — the Company bears no obligation to refund a second time; the user shall pursue the recipient directly.

5.3 Respect for Genuine Reviews and Prohibition of Malicious Conduct

The Company respects and encourages Members / Merchants / Advertisers to publish, on any platform, genuine, fact-based reviews (whether positive or negative) concerning their own first-hand experience. Such reviews are protected by freedom of expression; the Company shall not restrict them under this Policy, nor shall any such review affect the acceptance or outcome of a refund application.

However, in order to protect the personal safety and personal data of the Company's personnel, other users, and partners, during the handling of a refund dispute, Members / Merchants / Advertisers shall not engage in any of the following conduct against the Company's employees, customer-service staff, partners, or other users:

• harassing, intimidating, stalking, doxing ("human-flesh searching"), exposing or publicly disclosing their personal data, or bombarding them via private messages / instant-messaging applications;
• applying pressure by means of violence, verbal abuse, or any other unlawful means.

With respect to the correspondence, personal data, transaction details, and other information exchanged between the parties in connection with the refund dispute, both parties shall treat such information as confidential, and shall not, without the other party's consent or as required by law, provide it to any unrelated third party for any purpose unrelated to the resolution of the dispute.

Should any person knowingly fabricate or disseminate content that is false and inconsistent with the facts, thereby damaging the Company's reputation or creditworthiness, the Company may, pursuant to Articles 184 and 195 of the Civil Code (tort) and Articles 310 and 313 of the Criminal Code, among other provisions, seek redress through judicial channels on a case-by-case basis in respect of the actual loss sustained. This paragraph shall not apply to genuine, good-faith reviews.

6. Force Majeure and Service Changes

6.1 Definition of Force Majeure (Critical)

Any of the following events, where it is not attributable to the Company and is not reasonably foreseeable, avoidable, or controllable by the Company, constitutes a "Force Majeure" event under this Policy. Service interruptions, performance degradation, or feature changes of the Company during such events do not constitute a breach by the Company, and the Company shall not be liable for damages, except for fees that are to be refunded pro rata under the last paragraph of this Section:

• Acts of God (earthquakes, typhoons, floods, landslides, volcanoes, tsunamis, extreme weather), fire, explosions, war, armed conflict, terrorism, civil unrest, strikes, coups, plague, infectious diseases, government public health measures;
• Administrative orders, administrative guidance, commands, mandatory closures, investigations, seizures, or expropriations by government agencies; new legislation, amendments, or repeal of laws and regulations;
• Internet backbone disruptions, undersea cable damage, ISP service interruptions, DNS failures, DDoS attacks, hacker attacks, ransomware;
• Sudden interruptions or suspensions of third-party services on which the Company relies, or sudden policy changes of such services that could not reasonably be foreseen, including but not limited to:
  • Apple Inc., Apple App Store policy changes, review standard changes, App removal, developer account freezing;
  • Google LLC, Google Play policy changes; Google Maps API policy, quota adjustments, withdrawal;
  • Meta Platforms (Facebook, Instagram, Threads), X (Twitter), LINE OAuth, API, policy changes;
  • Anthropic (Claude API), Google AI and other AI service providers' model removal, policy changes, quota adjustments;
  • ECPay, credit card acquirers, and issuing banks: payment service interruptions, policy changes;
  • Cloudflare, Supabase, Railway, GitHub, Resend and other infrastructure service interruptions, policy changes;
  • Resend and other email service rejections, suppression, or blocklisting;
• Other events not reasonably foreseeable, avoidable, or controllable by the Company.

Where a force majeure event under the preceding paragraph prevents the Company from providing a service you have paid for, the Company shall refund, pro rata, the fees paid for the period for which the service has been paid but not yet provided (Article 266 of the Civil Code), and shall take reasonable measures to mitigate the impact and restore the service as promptly as possible. Supplier price increases, foreseeable policy adjustments and the like are commercial risks that the Company can reasonably foresee or control in its operations and do not constitute force majeure (consistent with Section 9.2 of the Membership Terms of Service).

6.2 Service Changes and Adjustments

The Company may, based on commercial judgment, technology upgrade, cost control, changes in third-party dependencies, or other legitimate reasons, adjust services within a reasonable and necessary scope. For the purpose of distinguishing their nature, such adjustments are divided into the following two categories:

• (i) Service-side adjustments not affecting consideration already paid: including adjustments to service features, quotas, restrictions, geographic scope, language support, quality specifications, backend interface and operational flow, the quantity / position / format of ad placements, and adjustments to free services. Such adjustments shall take effect after being announced in the App or on the official website, and shall not give rise to any separate right to a refund.
• (ii) Changes affecting consideration already paid: including adjusting the pricing or billing cycle of a subscription plan, discontinuing a service already paid for, reducing core entitlements already purchased, or adjusting the billing method for advertising. For such changes, the Company shall, at least thirty (30) days prior to the effective date (or at least 7 days in urgent circumstances), give individual notice by means reasonably expected to bring the change to the user's attention, such as the registered email, and shall not effect constructive delivery by unilateral announcement alone.

Any price increase or other adverse change under subparagraph (ii) of the preceding paragraph shall take effect only from the next billing cycle, and the fees already paid for the current period shall not be affected. A user who does not agree may terminate at any time from the date the user receives the individual notice until fourteen (14) days after the change takes effect, and the Company shall refund, on a pro-rata basis, the fees paid for the remaining period during which service has not yet been provided; a user who does not terminate within that period shall be deemed to have accepted the new terms. The rules of this Article are consistent with the provisions of the Membership Terms of Service concerning material changes; this Article shall not affect the rights enjoyed by Members under §2.2 and the Consumer Protection Act. A price increase under subparagraph (ii) of the preceding paragraph does not apply to renewals of a Promotional-Price Subscription under Section 12.1-1 of the Membership Terms of Service or Section 3.2-1 of the Merchant Service Agreement while it remains a Continuous Subscription.

7. Purchases via Apple App Store / Google Play

All subscriptions, add-ons, and one-time in-app purchases (IAP) made through Apple App Store or Google Play shall be refunded under the respective platform's refund policies, except that, where the Company is to make a pro-rata refund under §1.5 or §6.2 of this Policy, the Company will make the refund by bank transfer. The Company does not separately intervene in, process, expedite, override, or handle refunds on behalf of these platforms:

• Apple: reportaproblem.apple.com — typically within 90 days of purchase.
• Google: play.google.com/store/account/orderhistory — subscriptions typically self-refundable within 48 hours of purchase.

If you have obtained a refund through Apple / Google:

• The Company will remove the Plus entitlements that correspond directly to the refunded transaction and will inform you of the scope of the adjustment by an in-App notification;
• Entitlements that have no consideration relationship with that refund (for example, points you have accumulated with merchants, merchant coupons you have claimed, merchant binding relationships, and community permissions) are not affected (see Section 13.4 of the Terms of Service);
• Requesting a refund under the relevant platform's policy is your legitimate right; the Company will not treat it as malicious conduct and will not suspend your account on that basis; however, where it is verified that a refund was obtained by fraud or other improper means, §5.1 applies.

8. Application Process and Timeline

8.1 Application Method

Members applying for the 7-day full refund under §2.2.1: the Member may submit a request with the "Request a refund" function in the Member Center on the official website, or by email to support@swayfoodapp.com, stating the registered email address or the order number; a request from which the Company can reasonably identify the applicant and what is requested is deemed to have been made. No reason needs to be given, and no identity document, affidavit or other document listed in this Section is required.

Other refund applications (except duplicate charges or billing errors, which are handled under §5.2; charges made after cancellation of renewal are handled under item 5 of §2.7; refunds for minors are handled under §2.8, which requires only the information listed in that Section; item 2 below does not apply to any of the foregoing) are handled as follows:

1. Recommended Channel: Email to support@swayfoodapp.com (Members) or merchant@swayfoodapp.com (Merchants / Advertisers), with the suggested subject line: [Refund Application] Member/Merchant ID - Order Number. A request from which the Company can reasonably identify the applicant and what is requested is deemed to have been made; for requests made by phone, social media DMs, third-party platforms or in person, the Company has difficulty confirming their authenticity and completeness, so please use the channel above instead and keep proof.
2. Information Needed for Review: Depending on the refund category, the Company may ask the applicant to provide the following; where the information is insufficient for verification, the Company will ask for it to be supplemented, and if it is not supplemented within a reasonable period, the Company may decline to accept the application:
   • Member / Merchant ID, registered email or phone number (only if previously provided to the Company);
   • Order number, or charge date and amount (sufficient for the Company to locate the transaction);
   • Where necessary, the last 4 digits of the credit card;
   • The grounds for the refund request. After the 7-day cooling-off period has expired, mere dissatisfaction, non-use, wishing to cancel or considering the price too high does not constitute grounds for a refund; this does not affect cases in which a refund is required under this Policy;
   • Supporting documents required for the refund category (for example, records of the approval or registration of a merchant's business closure);
   • Copy of an identity document (natural person) or company registration documents (legal entity): the Company may request these only where the applicant's identity cannot be verified by the registered email, the order number or the information listed above; parts of the document not relevant to verification may be masked by the applicant, and the Company will delete the copy within 30 days after the refund has been processed.
3. Automatic Receipt by the Company Does Not Constitute Acceptance: The Company's customer service system's receipt of an application is mere mechanical receipt and does not constitute the Company's acceptance or agreement to refund.

8.2 Processing Timeline

For applications other than those under §2.2.1, delays caused by insufficient information from the applicant or the need to supplement it shall not be counted toward the above timeline. The Company bears no delay liability for posting delays caused by third-party payment platforms or banks.

8.3 Handling of Refund Refusals and Internal Review

Where the Company refuses a refund, it shall respond in writing by email and shall briefly state the provisions of this Policy relied upon and the principal grounds therefor. A Member / Merchant who is dissatisfied may, within fourteen (14) days of receiving the response, submit a one-time review request in writing (by email), and the Company shall review it and respond with the outcome within 15 days from the date of receipt.

This internal review is a procedure of convenience provided by the Company and is an internal administrative process; it neither replaces nor restricts any right enjoyed by a Member / Merchant under the law. Whether or not a Member / Merchant has applied for or completed the internal review, the Member / Merchant may at any time directly file a complaint with a consumer ombudsman (the National Consumer Service Hotline, 1950) or with the consumer protection center of any local government, apply for mediation of a consumer dispute, or institute civil litigation before a court of competent jurisdiction, or participate in a consumer protection group action.

8.4 Application Costs and Offsets

Where, upon the Company's review, nothing remains to be refunded after deduction of the handling fees, administrative fees, and substantive service costs that may be deducted under this Policy, the Company may close the case as "Refund = NT$0" and will reply to the applicant by email under §8.3. This Section does not apply to the 7-day full refund under §2.2.1, nor to refunds of duplicate charges or billing errors under §5.2.

9. Invoices, Tax, and Accounting

9.1 Refund Form: Where the Company agrees to refund, the refund is returned through the original payment channel (credit card payments are refunded to the original card); where the original channel cannot be used, an equivalent transfer is made to an account in the applicant's own name designated by the applicant. The Company does not substitute points, coupons or credit vouchers for a refund, and does not accept refunds to designated third-party accounts, cash refunds, or direct deduction against future consumption.

9.2 Electronic Invoices: When an order for which an electronic invoice has been issued is refunded, the Company will void the invoice or issue an allowance certificate in accordance with the law; Members (consumers) do not need to take any action. For triplicate invoices purchased by a business entity, where the law requires the buyer to confirm the allowance or agree to the voiding, the applicant shall cooperate accordingly. The Company will not refuse a refund under §2.2.1, or reduce its amount, because of invoice procedures.

9.3 Carrier Prize Claims: For invoices where carrier prize claims or consumption tax offsets have been applied, the Member / Merchant shall self-bear all responsibility to explain to and retrieve prizes from tax authorities; the Company has no obligation to handle such matters.

9.4 Currency and Exchange Rate: The Company's internal accounting and settlement are kept in New Taiwan Dollars (NTD); this does not affect the determination of the amount actually charged to a user. Fees collected on the official website (through ECPay) are always priced and charged in New Taiwan Dollars; if you pay with an overseas credit card, your card issuer converts the amount at its published exchange rate and fees. For payments in foreign currency through the Apple App Store or Google Play, the currency and amount charged are as shown on the respective store's checkout page, foreign-exchange conversion follows the rules of your card issuer or that store, and the Company does not adjust the consideration by any internal ratio (see Section 12.5.2 of the Terms of Service).

9.4.1 A refund is returned in the original currency and original amount of that payment through the original payment channel; differences on the cardholder's statement caused by the card issuer's currency conversion, and differences arising from the natural fluctuation of exchange rates between the date of payment and the date of refund, shall neither be subsidized nor claimed by either party from the other.

9.4.2 Cross-border payment handling fees, the issuing bank's foreign-exchange fees, and credit card scheme conversion fees are costs inherent to third-party payment channels and are not attributable to the Company; such costs shall be borne by the payer and shall not constitute grounds for a refund or adjustment.

9.4.3 Should any provision of this Article be found by an authority of competent jurisdiction to be manifestly unfair, only that part shall be void, and the remainder shall remain effective, supplemented by an objective and publicly available market reference exchange rate.

9.5 Tax Substitution: Withholding, business tax, income tax, and stamp duty involving refund amounts shall be borne by the applicant. Where the Company is required by law to withhold, it may first deduct from the refund. However, this Section does not apply to the 7-day full refund under §2.2.1 or to refunds of duplicate charges or billing errors under §5.2; those refunds are returned in full under the relevant section.

10. Dispute Resolution

10.1 Good-Faith Prior Communication (Non-Mandatory) and Preservation of Remedial Rights

In order to enable disputes to be resolved more promptly and appropriately, should you have any doubt regarding the outcome of a refund, the Company sincerely recommends (but does not require) that you first contact the Company in writing (Members: support@swayfoodapp.com; Merchants / Advertisers: merchant@swayfoodapp.com). The Company will handle the matter appropriately and respond within 15 days of receipt. The parties may also negotiate in good faith.

The good-faith communication referred to in the preceding paragraph shall not constitute a precondition to the pursuit of any remedy, nor shall it cause either party to forfeit or have restricted any of its statutory rights. For the avoidance of doubt, it is hereby expressly declared that:

• a Member may, pursuant to Article 43 of the Consumer Protection Act, at any time file a complaint with the Company, a consumer protection group, or a consumer service center; where the matter is not appropriately resolved, the Member may file a complaint with the consumer ombudsman of the special municipality or county (city) government, and may apply for mediation to the Consumer Dispute Mediation Committee pursuant to Article 44 of the same Act;
• each party may at any time file a complaint or report with the competent authority in accordance with the law, institute civil proceedings, or (in the case of a consumer) participate in or join a group action brought by a consumer protection group;
• the foregoing statutory rights to file complaints, lodge reports, seek mediation, institute litigation, and participate in group actions shall not be restricted, barred, or subjected to any disadvantage by reason of any provision of this Policy.

In the course of communication and dispute handling, the parties shall treat one another with mutual respect, and shall not engage in harassment, intimidation, doxing, or any other unlawful conduct against the other party's employees, partners, or other users.

10.2 (Deleted)

10.3 Governing Law and Jurisdiction

The interpretation, validity, performance, and disputes of this Policy shall be governed entirely by the laws of the Republic of China (Taiwan); the application of laws of other countries or regions is entirely excluded.

For all disputes arising out of this Policy, the parties consent to the Taiwan Taipei District Court as the court of first instance; however, where the Member is a consumer, this does not affect the Member's rights under Article 47 of the Consumer Protection Act and Article 28, Paragraph 2 and Article 436-9 of the Code of Civil Procedure (see Section 20.4 of the Membership Terms of Service). Disputes between a Merchant and the Company arising out of this Policy are subject to the court of jurisdiction determined under Section 13.4 of the Merchant Service Agreement. Commercial customers (Merchants, Advertisers) may further consent in writing to arbitration by the Chinese Arbitration Association, Taipei in lieu of litigation (seat: Taipei; arbitrators: 3 persons; arbitration language: Traditional Chinese; arbitration fees: per association charter, borne by the losing party).

10.4 Allocation of Litigation Costs

In respect of any litigation or arbitration arising out of this Policy, the court fees and the litigation costs prescribed under Article 77-23 of the Code of Civil Procedure (such as translation fees and the daily allowances and travel expenses of witnesses / expert witnesses) shall, pursuant to Article 78 of the same Code, be borne by the losing party.

The fees of counsel separately retained by each party shall, in principle, be borne by each party itself (in cases where counsel is appointed by the court in accordance with applicable law, or where representation by counsel is mandatory at the third instance, the matter shall be handled as provided by law). However, as between a Merchant / Advertiser and the Company, where one party institutes litigation or arbitration that is malicious or manifestly without merit, thereby causing the other party to actually and reasonably incur external attorneys' fees in defending itself or pursuing a claim, the losing party shall compensate such actual and reasonable amount; the amount thereof shall be determined by the court / arbitral tribunal in its discretion pursuant to Article 252 of the Civil Code and in light of the expenses actually incurred. This paragraph shall not apply to consumers (Members); as between a Member and the Company, attorneys' fees shall be borne by each party itself.

10.5 Severability

Where any provision of this Policy is held by a competent authority to be partially or entirely invalid, illegal, or unenforceable, only that provision shall be invalidated under that specific circumstance; this shall not affect the remaining provisions or the validity of that provision under other circumstances. The invalidated provision shall be replaced by the closest lawful, valid provision based on its original commercial purpose.

10.6 Conflict of Documents — Order of Priority

In conflicts between this Policy and the Terms of Service, Merchant Service Agreement, written contracts individually signed with advertisers (insertion orders), Community Guidelines, or Privacy Policy, the order of priority is: (a) special clauses of individually signed written contracts → (b) this Policy → (c) Merchant Service Agreement → (d) Terms of Service → (e) other supplementary documents. However, where Section 7.2 or Section 8.4 of the Merchant Service Agreement is more favorable to the Merchant, it applies in priority to this Policy.

10.7 Amendments

The Company may amend this Policy on account of regulatory changes, third-party service adjustments, technology upgrades, or commercial operating needs; the amended version will be published on this page and the "Last Updated" date will be updated. Amended content shall take effect prospectively from the date of publication only, and shall not apply retroactively.

With respect to an existing subscription or transaction for which a Member / Merchant has completed payment prior to the amendment taking effect, the rights of refund and cancellation thereof shall be governed in all cases by the version in effect at the time of payment; the amended version shall apply only to subscriptions, renewal cycles, or transactions newly entered into after the amendment takes effect. With respect to amendments that are materially adverse to existing paying users, the Company shall give individual notice prior to the effective date by means of the registered email or in-App notice. Where a Member / Merchant, after such amendment takes effect, continues to use the paid services for a new subscription period or a new transaction, the Member / Merchant shall be deemed to have agreed to the amended content; a Member / Merchant who does not agree may cancel automatic renewal before the next period's renewal, and the existing entitlements for the current period for which payment has been made shall not be affected thereby.

11. Contact

• Member Customer Service: support@swayfoodapp.com
• Merchant Customer Service: merchant@swayfoodapp.com
• Corporate Affairs: company@swayfoodapp.com
• How to Reach Us: by email to the addresses above (for how to request a refund, see §8.1)
• Initial Response Time: In principle, a reply within 5 working days (timely response not guaranteed)

If you are dissatisfied with the Company's handling outcome, you may at any time file a complaint with the Consumer Ombudsman (call 1950, the National Consumer Service Hotline) or the Consumer Protection Center of your local government.