📌 Legal Entity: This service is operated by SWAY CO., LTD. (registered in Taiwan as 隨食有限公司; brand name "Sui Shi SWAY"; hereinafter "the Company," "we," or "the Platform"). This Policy is supplementary to the Terms of Service, Merchant Service Agreement, and Advertising Insertion Order, and has equivalent legal effect. In the event of conflict among these documents, except where individual contracts otherwise provide, this Policy shall prevail.

⚠️ IMPORTANT PRE-PURCHASE NOTICE (Read Carefully): SWAY's merchant plans, advertising placements, premium add-ons, and one-time in-app purchases are classified concurrently as "non-tangible digital content provided with prior consumer consent" and "online services completed upon delivery." Pursuant to Article 19, Paragraph 2 of the Consumer Protection Act of the Republic of China (Taiwan) and Article 2, Subparagraph 5 of the Regulations Governing Reasonable Exceptions to the Right of Cancellation in Distance Sales, those items are excluded from the seven (7) day no-fault cancellation right set forth in Article 19, Paragraph 1 of the Consumer Protection Act. Individual membership (Plus) subscriptions are NOT subject to this exclusion — they remain covered by the 7-day full-refund guarantee under §2 of this Policy pursuant to Article 19 of the Consumer Protection Act. Merchants are business customers rather than consumers; merchant refunds are handled exclusively under §3. The checkout page provides prominent disclosure and independent check-box confirmation of the above; completing a purchase indicates your acceptance of the terms of this Policy.

⚖️ Legal Fact of Service Delivery: Upon the millisecond timestamp at which the payment gateway (including ECPay, Apple App Store, Google Play, and credit card acquirers) returns "payment successful," the Company's systems automatically and irreversibly flip database flags, release API quotas, unlock feature permissions, allocate server resources, occupy push notification quotas, allocate human moderation hours and customer service priority. At that moment, the service is deemed "fully delivered." Whether you subsequently log in, activate the feature, or operate the interface does not affect the established fact of service delivery.

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:

Product / PlanCategoryBilling BasisService Delivery Time
Plus Monthly (NT$120)Digital subscription30-day calendar billingActivated at payment timestamp
Plus Semi-Annual (NT$648)Digital subscription180-day full-period billingActivated at payment timestamp
Plus Annual (NT$1,008 / Early Bird NT$888)Digital subscription365-day full-year billingActivated at payment timestamp
Other paid plans that may open in the futureDigital subscription / digital content / physical goodsPer then-current announcementPer then-current announcement
Merchant Free / Plus Merchant / Chain Lite / Chain Pro / Enterprise PlansB2B commercial servicesMonthly or semi-annualUpon payment success or backend activation, whichever earlier
Merchant ad placements / push add-ons / Email Blast / custom plansB2B commercial servicesPer-slot billing (confirmed at scheduling)Upon scheduling confirmation and resource occupation
One-time digital in-app purchasesDigital value-added servicesPer-transactionDeemed completed upon payment success
Third-party advertiser insertion ordersB2B advertising servicesPer insertion orderUpon scheduling confirmation

1.2 Legal Nature of the Service (Key Provision)

Upon the millisecond timestamp of payment gateway success confirmation, the Company's automated systems execute the following irreversible service delivery actions in sequence:

The above delivery is performed automatically and irreversibly by the Company's systems and is deemed fully delivered without any user action or actual login. This fully satisfies all elements of Article 2, Subparagraph 5 ("online services completed upon delivery") and Subparagraph 4 ("non-tangible digital content provided with prior consumer consent") of the Regulations Governing Reasonable Exceptions to the Right of Cancellation in Distance Sales.

1.3 Expanded Definition of "Deemed Use" (Critical)

Any of the following acts, regardless of when, for what purpose, or whether they trigger paid features, constitutes "actual use," "activation," or "consumption of service content" under this Policy:

Once a backend record of any of the above events is created, the user may not assert "did not use," "did not consume," "did not activate," or "did not know the service had started" as grounds for refund. However, the "deemed use" definition in this Section does not affect a Member's right to the "unconditional full refund within 7 days of first subscription" under this Policy (see §2.2.1).

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 cannot issue refunds on behalf of these platforms but can assist by providing proof of transaction. 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:

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, within fourteen (14) days of the effective date of the notice, terminate the contract for the current period, 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.

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 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.

2.2 Three-Tier Refund Window

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

2.2.2 After Day 7 — No Refund (All Plans)

2.2.3 Monthly Plans (NT$120) — Current Period Non-Refundable, Cancel Next Anytime

2.3 Window Exceeded — No Refund

Refund applications submitted more than 7 days after the first billing date shall not be accepted; the Member may cancel the next renewal at any time in the App or official website, with entitlements preserved until the end of the current period.

Refund requests submitted after the Company announces adjustments to plans, promotions, features, geographic scope, or pricing structure, with the substantive reason being "dissatisfaction with adjustments," may not be accepted.

2.4 Refund Method

Refunds are made via the original payment route in principle — credit card charges are refunded to the original card, and ECPay direct debits are refunded to the original deducting account. If the original channel cannot process the refund due to technical reasons (expired card, closed account), an equivalent transfer will be made to the Member's designated bank account instead; for any single residual balance under NT$100, the Company may process it as equivalent points or a credit voucher.

2.5 Physical Membership Card / Merchandise

2.6 Circumstances Where No Refund Is Available (Absolute Exclusion)

None of the provisions in this §2.6 affects a Member's right to an unconditional full refund within 7 days of first subscription under §2.2.1 (Article 19 of the Consumer Protection Act); the absolute exclusions in §2.6 apply only to refund applications made after the 7-day cooling-off period has expired.

After the 7-day cooling-off period has expired, under any of the following circumstances, the Company shall absolutely refuse to refund; if a refund has been issued, the Company has the right to recover it and may offset against the Member's other account balances, points, or coupons:

2.7 Cancellation of Auto-Renewal

2.8 Special Refund Rules for Minors

If the purchaser is a minor under 18 years of age, and the parent or guardian applies for refund on their behalf, all of the following requirements must be simultaneously met, and the Company may at its sole discretion accept the application:

Where not all conditions are met, the Company may refuse the refund, and shall briefly state, by email, the provisions of this Policy relied upon and the principal grounds therefor. A Member who is dissatisfied may request a one-time internal review pursuant to §8.3; neither the Company's review nor the outcome of such review shall affect the Member's right to seek other remedies in accordance with the provisions of law (including filing a complaint with a consumer ombudsman, applying for mediation of a consumer dispute, instituting civil litigation, or participating in a consumer protection group action).

3. Merchant (B2B) Refund Rules

📌 Merchants are commercial customers and not subject to the protections of the Consumer Protection Act. These terms are governed by the Civil Code and the principle of freedom of contract. By completing registration and payment, the Merchant is deemed to have, through its authorized representative, fully understood and accepted all terms of this Policy and shall not subsequently raise defenses such as failure to read, lack of understanding, lack of representative authority, or articles of association restrictions.

3.1 Trial Period (Currently Not Offered)

The Company currently does not offer any trial period for Merchant plans. Upon the Merchant's completion of payment and activation, service is deemed delivered per §3.2, and the Merchant may not request a refund on the grounds of "did not trial" or "did not actually use."

As a commercial customer, the Merchant signs this Agreement based on its own business judgment; Merchant refund requests shall be governed by the strict conditions of §3.2 and the exceptional circumstances in §3.3 of this Policy.

The Company retains absolute, unilateral discretion regarding the opening, closing, conditions, and applicable plans of any trial period. If the Company opens any trial-period offering in the future, it shall be announced by amendment to this Policy, with specific rules governed by the then-current announcement during the trial-period implementation. This provision does not constitute any obligation of the Company to provide a trial period at this stage.

3.2 Refund After Payment (Non-Refundable)

Once a Merchant plan is paid and activated, the Company allocates substantive services including server resources, ad placements, push quotas, customer service priority, human moderation hours, CRM storage, and marketing tool quotas. 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.

3.2A Chain Brand Plans (Chain Lite / Chain Pro / Enterprise)

Refund rules for chain brand plans (Chain Lite / Chain Pro / Enterprise) are the same as §3.2: non-refundable after payment and activation; the Merchant may only stop the next billing cycle, and no pro-rata refund is accepted within the contract term. Enterprise negotiated plans follow the individually signed IO (Insertion Order) or project contract; absent individual agreement, the non-refundable principle applies. Rejection or suspension due to false, missing, or revoked trademark certification is handled per §W.4(7) of the Merchant Service Agreement (amounts paid being non-refundable, this being a cause attributable to the Merchant); suspension for non-payment is handled per §W.6 (amounts paid non-refundable). The Traditional Chinese master version of this Policy shall prevail.

3.3 Exceptional Refund Circumstances (Limited; Sole Discretion of the Company)

Under the following circumstances, the Merchant may apply for limited refund, but must provide complete documentation; the Company shall, at its sole discretion, decide whether to refund and the amount; the Company has no obligation to grant:

Where the Company agrees to exceptional refunds, deductions per §3.2 (substantive service costs and payment processing fees) shall still apply.

3.4 Upgrade / Downgrade

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 commissions, or infringing the intellectual property rights of others), the Company may:

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.

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" — a finite resource, regardless of whether the placement actually goes live, generates impressions, or whether the advertiser submits creatives — and payments made are absolutely non-refundable. 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 (typically processed as equivalent points or future placement vouchers; 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, Food Safety and Sanitation Act, Advertising Act, 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

5.2 Duplicate Charges / Service Not Received

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:

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 Expanded Definition of Force Majeure (Critical)

Any of the following events constitutes a "Force Majeure" event under this Policy. Service interruptions, performance degradation, or feature changes during such events shall absolutely not constitute grounds for refund, compensation, or fee waiver:

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:

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; where a user, prior to the next-cycle automatic renewal, raises no objection and does not terminate, the user shall be deemed to have accepted the new terms. A user who does not agree may terminate before the expiration of the current period, 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. 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.

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 absolutely and exclusively under the respective platform's refund policies. Pursuant to the Company's developer agreements with Apple and Google, the Company has no authority to intervene, process, expedite, override, or refund on behalf of these platforms:

If you have successfully obtained a refund through Apple / Google, the Company shall:

8. Application Process and Timeline

8.1 Application Method (For Eligible Refund Applications Not Excluded by §2.6)

  1. Sole Channel: Email to support@swayfoodapp.com (Members) or merchant@swayfoodapp.com (Merchants / Advertisers), with subject line: [Refund Application] Member/Merchant ID - Order Number. Refund requests via phone, in-app chatbot, social media DMs, third-party platforms, in-person verbal, or voice mail shall not be deemed lawfully filed.
  2. Required Documents (Any Missing Item Results in Rejection; the Company Has No Obligation to Notify of Supplementation):
    • Member / Merchant complete ID, registered email, registered phone number;
    • Order number, charge date / time, charge amount (must exactly match the Company's system records);
    • Last 4 digits of credit card, issuing bank, payment account identifier;
    • Specific description of refund reason (must be specific, clear, verifiable; will not accept blank or only "do not like," "did not use," "want to cancel," "too expensive," "colleague suggested," or other abstract reasons);
    • Item-by-item calculation of refund amount;
    • All supporting documents required by this Policy (per refund category);
    • Identity card (natural person) or company registration documents (legal entity);
    • Applicant's affidavit warranting authenticity and accepting criminal liability for forgery and fraud if untrue.
  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

StageTime Limit
Receipt confirmation and assignment of handler5 working days
Initial review and reply with review result20 working days
Disbursement initiation after approvalWithin 20 working days
Actual receipt of fundsCredit card: 7-45 working days (depending on each bank's and payment platform's processing times; the Company does not guarantee timely arrival)

Delays caused by incomplete documents from the applicant, third-party payment platform delays, or banking processing shall not be counted toward the above timeline; the Company bears no delay liability.

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 only, and in compliance with the documentary requirements of §8.1), to be reviewed by a customer service supervisor of the Company who shall review and respond with the outcome within 20 working days 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

If the refund amount claimed by the applicant falls below the NT$100 minimum balance set out in §2.4 (such small balances may be settled by the Company in equivalent points or vouchers), or after deduction of fees and administrative costs is insufficient to refund, the Company shall directly close the case as "Refund = NT$0" without further notification.

9. Invoices, Tax, and Accounting

9.1 Refund Form: Where the Company agrees to refund, it may at its sole discretion determine the refund form (original payment channel return, equivalent platform points, coupons, service credit). The Company does not accept refunds to designated third-party accounts, cash refunds, or direct deduction against future consumption.

9.2 Electronic Invoices: For refunds where unified invoices (including B2B triplicate invoices) have been issued, the applicant shall cooperate to process invoice discount notes or void within 7 days of the Company's agreement to refund; if overdue, the invoices are deemed used for tax offset, claimed for prizes, or filed, and the Company has the right to refuse refund or deduct equivalent taxes, fines, and administrative costs from the refund.

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 accounting and settlement shall be calculated solely on a New Taiwan Dollar (NTD) basis. Where a payer pays in foreign currency (including USD, JPY, EUR, CNY, or other currencies), the Company shall convert to New Taiwan Dollars at the reference exchange rate of the foreign currency against the New Taiwan Dollar published by the Company's acquirer (or principal correspondent bank) on the date of payment / settlement; upon a payer's request, the Company shall provide the means of querying the source of such reference rate.

9.4.1 Where a refund involves foreign currency conversion, the Company shall process it using the same exchange rate basis applied at the time of conversion of that payment, so that the refund and the payment stand on an equal basis; 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, credit card scheme conversion fees, and any difference arising, in respect of foreign currency payments via the Apple App Store / Google Play, between the amount displayed at the platform interface and the amount actually received and settled at the Company's end, 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; the Company shall provide notice thereof on the billing page or during the checkout flow.

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.

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:

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.

10.3 Governing Law

The interpretation, validity, performance, and disputes of this Policy and all related documents 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.

10.4 Jurisdiction

For all disputes arising out of this Policy, the parties consent to the Taiwan Taipei District Court as the court of first instance with exclusive jurisdiction. 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).

10.5 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.

10.6 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.

10.7 Conflict of Documents — Order of Priority

In conflicts between this Policy and the Terms of Service, Merchant Service Agreement, Advertising Insertion Order, 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.

10.8 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

📋 Company Information (disclosed pursuant to the Guidelines for Consumer Protection in Electronic Commerce):
Name: SWAY CO., LTD. (registered in Taiwan as 隨食有限公司; brand name "Sui Shi SWAY")
Responsible Person: Yang Ta-Wei (楊大為)
Unified Business Number: 62153228
Registered Address: 4F., No. 158, Sec. 1, Xinsheng S. Rd., Zhongzheng Dist., Taipei City, Taiwan (臺北市中正區新生南路1段158號4樓)
Primary Contact: support@swayfoodapp.com

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.

This Policy Version 4.2, effective September 13, 2026 (prior Version 4.1 effective May 4, 2026).
Revised September 13, 2026: removed references to payment channels the Company does not offer (ATM transfer, Apple Pay, Google Pay, JKO Pay, LINE Pay).
Correction within the same version, September 15, 2026: removed the leftover wording in §2.7 about pro-rata refunds for half-year / annual plans within days 7-30, so that §2.7 is consistent with §2.2.2; the version number and effective date are unchanged.
Supplementary note, September 16, 2026: Version 4.2 also changed §2.2.2 for half-year / annual plans from "pro-rata refund of unused months after day 7" to "no refund after day 7" (this wording was changed on September 10, 2026 but was omitted from the September 13, 2026 revision note, and is recorded here); under §10.7, subscriptions paid before the revision continue to follow the version in effect when they were paid.
Revised June 2, 2026: alignment of merchant refund terms across 5 languages; addition of the 7-day refund proviso.
Revised June 6, 2026 (v4.1): comprehensive revision of the dispute-resolution, review, service-change, liquidated-damages, exchange-rate, and amendment provisions in accordance with the Consumer Protection Act and Article 247-1 of the Civil Code, among others; removal of manifestly unfair terms and express preservation of consumers' statutory rights to complain and to litigate.
Operating Entity: SWAY CO., LTD. (registered in Taiwan as 隨食有限公司; brand name "Sui Shi SWAY")
This Policy is officially published in Traditional Chinese; in case of discrepancy between any translated version and the Traditional Chinese original, the Traditional Chinese version shall prevail.