Version 2.3 · Last Updated: September 16, 2026 · Effective: September 23, 2026
⚠️ IMPORTANT: Reading Notice These Terms of Service (the "Terms") constitute a legally binding contract between you and 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"). Please read carefully before downloading, registering, or using the Service; the Company provides a reasonable review period during the registration process, and you may retain a copy of these Terms before agreeing. Completing registration, clicking "Agree," or beginning to use the Service signifies that you have read and agree to the version of these Terms then in effect. Future amendments to these Terms shall become effective as to you only after notice is given pursuant to §21; the Company does not presume your agreement to any future amendment that has not been reasonably communicated to you merely because you open the App or continue to use the Service. For material or adverse changes, you further enjoy the right of termination and pro-rata refund under §21.3.
📌 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") established and operated under the laws of the Republic of China (Taiwan). These Terms shall be read in conjunction with and have equivalent legal effect as the following documents: Refund and Cancellation Policy, Privacy Policy, Merchant Service Agreement, Community Guidelines, Copyright Infringement Notice Policy.
The following terms shall have the meanings set forth below:
2.1 SWAY is a food discovery platform operated by the Company. The current main features may include the following items (specific features, quotas, restrictions, geographic availability are determined by in-App announcements and actual provision; the descriptions below are illustrative and do not constitute any commitment, warranty, or offer by the Company):
2.2 Adjustment of the Service (within a reasonable scope; material adverse changes require prior notice and a remedy): To maintain continuity of operations, improve the Service, and comply with laws or the technical environment, the Company may, within a reasonably necessary scope, add, modify, or adjust features, quotas, regions, languages, and versions. Where a change substantially diminishes your existing paid entitlements or is materially adverse to you, the Company shall give you individual notice in the manner of §8 before it takes effect, and shall offer you the choice to continue using or to terminate the Service; if you do not accept such material adverse change and terminate, you may, for the portion of the current paid period that has been paid for but not used, request a pro-rata refund under the Refund and Cancellation Policy. General feature updates that do not diminish your existing core paid entitlements are not subject to this requirement. Price adjustments are handled per §12.1 and do not affect the entitlements of the current period for which you have already paid.
2.3 The Service is divided into a free tier and a paid subscription tier; specific entitlements are determined by the current plan schedule. Based on its commercial judgment, the Company may implement differentiated services for specific regions, user groups, devices, or OS versions; Users may not claim discriminatory treatment.
2.4 The stability, availability, performance, response times, and data accuracy of the Service are provided on an "AS IS" and "AS AVAILABLE" basis; see disclaimer for details.
Users may select any of: (a) Google OAuth; (b) Apple ID; (c) Facebook OAuth; (d) Email self-registration (with email verification). When registering via third-party OAuth, the Company collects necessary identification and contact information per the Privacy Policy.
You may delete your account at any time in App Settings. Where the following legitimate causes exist, the Company may suspend or terminate all or part of your account features; except where prohibited by law, where it would impede an investigation, or in cases of urgency, the Company shall notify you of the cause and provide a reasonable opportunity to respond:
After account termination: (a) refunds of paid entitlements are handled per the Refund and Cancellation Policy, and vested entitlements falling outside the scope of refund are handled according to their nature; (b) your User Content is handled per §5.3; (c) for an account terminated due to a "material violation," the Company may, "for a reasonable and necessary period," restrict re-registration using the same identifying information; where termination is for a cause not attributable to you (such as dormancy or a mere business adjustment), your re-registration shall not be restricted. The Company will not, in situations such as family members sharing a device, restrict by association the registration of an innocent third party.
4.1 The Service offers the following membership tiers (specific entitlements, quotas, and restrictions are determined by the Company's then-current announcements; the Company reserves the right to adjust):
4.2 Specific features, quotas, restrictions, and available regions of each tier are determined by real-time announcements in the App and on the official website. The Company may exercise reasonable operational discretion over the design, adjustment, merger, or termination of the membership tier system; however, the Company shall not arbitrarily alter the vested rights to which a paid Member is entitled under the Member's plan, and where any material change substantially diminishes such rights or is materially adverse to you, the Company shall give you individual notice in the manner set out in §2.2 and provide you the opportunity to terminate and obtain a pro-rata refund.
4.3 Membership tier changes (upgrade, downgrade, expiration) are processed per the Refund and Cancellation Policy (a full refund is available within 7 days of the first charge; after day 7 no refund is available, although auto-renewal may be cancelled at any time and benefits are retained until the end of the current period).
You retain copyright in the User Content you post. Within the scope necessary to provide and market the Service, you grant the Company a non-exclusive, worldwide, royalty-free license to reproduce, store, back up, edit (including format conversion, compression, translation, and technical transformations required for moderation), publicly display, publicly transmit, and distribute your content, and to use it in marketing, promotion, and collaborations directly related to the Service. This license may be sublicensed, within the scope of sublicensing that is necessary, to the Company's service providers solely so that they may perform the foregoing technical or marketing functions on the Company's behalf. Using your content for purposes unrelated to the Service, separately licensing it externally for profit, or using it for AI model training in a manner that can identify you, requires your separate consent.
5.2 You represent and warrant that: (a) you are the lawful rights holder of the content you post, or have obtained sufficient authorization from the rights holder; (b) the content you post does not infringe any third party's copyright, portrait rights, privacy rights, trademark rights, trade secrets, or other rights; (c) the content you post does not violate any applicable law or the Company's community standards.
5.3 Termination and Residue of the License: After you delete content or your account, the Company shall cease use and remove your content from the front end within a reasonable period; however, for portions that have been lawfully shared or cited by a third party under the license, or that have been incorporated into routine backups and are technically incapable of immediate removal for the time being, the Company may retain them within the necessary scope until the next routine purge. Data required to be retained by law shall be retained accordingly.
5.4 Author's Moral Rights: The Company respects your author's moral rights. Within the scope necessary to use your content under the license in this Section (for example, adjusting formatting for layout consistency, masking for moderation, or not displaying the author's name in particular placements), you agree that the Company may make such necessary and reasonable use; apart from this, the Company does not require you to generally, in advance, and irrevocably waive your author's moral rights.
5.5 Use of Feedback (a License, Not an Assignment of Ownership): Feedback, suggestions, improvement ideas, or bug reports that you voluntarily provide may be used by the Company free of charge and on a non-exclusive basis to maintain and improve the Service. You retain the intellectual property rights in such feedback; the Company's use does not cause you to lose those rights, nor does it require you to assign ownership at no cost or to waive your right to assert such rights. Should the Company wish to apply for a patent on content derived from your feedback, or to make commercial use beyond improving the Service, it will negotiate separately with you.
When using the Service, you covenant: to honestly share genuine consumer experiences; to respect others; to comply with the laws of the Republic of China (Taiwan) and applicable laws of your jurisdiction; not to infringe any third party's rights; not to engage in any conduct that would harm the Company, other users, Merchants, or third parties.
Upon discovery of any of the following conduct, the Company may immediately remove related content and terminate your account in accordance with the procedure in §3.4; payments made shall be handled per the Refund and Cancellation Policy, and the Company may claim compensation for the actual, reasonable damage sustained by the Company arising from conduct attributable to you (per §17.1); where a crime is involved, the Company may also file a complaint in accordance with law:
6.3 For violators of this Section, in addition to handling under §3.4, the Company may: (a) where there is specific, concrete evidence and within the scope necessary under the principle of proportionality, take action against the offending account or restrict its use (where this involves the external disclosure of personal data, it shall comply with the Personal Data Protection Act and be limited to the necessary scope; the Company bears its own legal responsibility for the truthfulness and legitimacy of any disclosure, and does not by this clause exclude in advance liability for defamation or injury to reputation); (b) for the individual who actually committed a material violation, restrict that person's future cooperation with the Company for a reasonable period; (c) cooperate, in accordance with the law, with competent authorities or judicial authorities in obtaining records and in reporting. Whether conduct constitutes defamation or injury to reputation is determined by the court based on the specific facts.
The Company's status with respect to user content is that of an intermediary service provider. The Company:
Users bear their own civil, criminal, and administrative responsibility, in accordance with the law, for the content they post. If content attributable to a User causes the Company to suffer damage, the User shall be liable for the Company's actual, reasonable damage sustained, the scope and determination of which shall be handled per §17.1 (where this includes attorney fees and litigation costs, they shall be determined under the Code of Civil Procedure and at the court's discretion; the User shall not, as a matter of course, bear the opposing party's attorney fees); and where any portion is in the nature of liquidated damages and is manifestly excessive, it may be reduced by the court under Civil Code Article 252.
8.1 The Company's Method of Notice: For Terms amendments, policy changes, account actions, payment matters, system maintenance, and legal matters, the Company may lawfully deliver notice by any of the following methods, and upon delivery is deemed received by you; whether you actually view it does not affect the validity of delivery: (a) your email at registration or last update; (b) in-app push; (c) in-app message center; (d) official website announcement; (e) Merchant Portal announcement (Merchants only); (f) SMS (only if phone number provided).
8.2 Your Method of Notice: Your notices to the Company (including refund applications, dispute claims, intent to terminate, reports) may be given by the following recommended channels, to enable the Company to process them promptly and to keep a record: (a) email to support@swayfoodapp.com (Members), merchant@swayfoodapp.com (Merchants), company@swayfoodapp.com (corporate affairs); (b) the in-App customer service or feedback form. An expression of intent that you make through another formal customer service channel provided by the Company (including in-App customer service) also takes effect as notice when the Company can reasonably identify its content and source, and is not automatically invalid merely because a particular email address was not used. However, for notices given via third-party social media DM, a platform not operated by the Company, or in-person verbally, because the Company has difficulty confirming their authenticity and completeness, you are advised to use the channels above instead and to retain proof.
8.3 Determination of Delivery: A notice the Company sends to your last-updated email or contact details takes effect upon delivery, under ordinary circumstances, when it reaches a place within your control. As to whether a notice was lawfully dispatched and arrived, the burden of proof lies, under Article 277 of the Code of Civil Procedure, with the party asserting the favorable fact; the Company does not require you to prove the negative fact that "the notice was not dispatched." For matters that are material or adverse to you (such as material changes to the Terms, account termination, or payment anomalies), the Company shall give notice by a means that can reasonably confirm arrival (such as requesting a read receipt or also displaying the notice in the in-App message center), so as to ensure that you actually receive it.
8.4 Contact Information Updates: You shall ensure your email, phone number, and contact information remain current and valid. Notices not delivered due to your failure to update timely shall be borne by you.
8.5 Local and promotional notifications: The Company may send localized operational and promotional notifications based on your stated city of residence/address (including, without limitation, newly opened stores nearby, local events, and membership reminders). Such notifications form part of the Service; you may disable push notifications or adjust push/marketing preferences (opt-out) at any time in App "Settings." The accuracy of local push depends on the correctness of the city data you provide; the Company is not responsible for inaccurate push caused by your failure to update or false entries. To safeguard account security and billing accuracy, essential security, transaction/billing, and policy-change notifications cannot be disabled.
The restaurant data (including name, address, phone, business hours, ratings, menus, photos, geographic coordinates) presented by the Service is primarily sourced from Google Maps Platform, OpenStreetMap, merchant-submitted data, and other public sources, and used per their respective licenses. The Company:
The Service relies on multiple third-party services (see §1 Definitions). Where a sudden interruption or major malfunction that cannot be reasonably foreseen or controlled of a third-party service not attributable to the Company affects part of the Service, the Company bears no liability for breach in this respect during the period the event subsists, but shall take reasonable measures to mitigate the impact and to restore service as promptly as possible.
However, third-party commercial risks that the Company can reasonably foresee or control in its operations (for example, a supplier's price increase, the ordinary termination of a partnership, or a foreseeable policy adjustment) do not, as a matter of course, constitute force majeure; in such circumstances, the Company shall still, in accordance with the principle of good faith, make appropriate alternative arrangements or adjust the Service, and shall be liable in accordance with the law for the portion of damage caused to you by its intentional act or gross negligence. When using the Service, you shall also comply with the relevant third-party services' terms.
The Service may include external links to Google Maps, Apple Maps, Uber, food delivery platforms, parking apps, and social media. The Company bears no liability for the content, privacy policies, security, or availability of external links. Clicking external links exits the Service, and all subsequent risks are borne by the user.
The Company processes alleged infringement reports per the Copyright Infringement Notice Policy. Rights holders shall submit notices in the format specified in that policy; after handling per that policy, the Company bears no further intermediary liability.
The Service may include commercial advertising, recommendation placements, pop-ups, native ads, sponsored links, brand cooperation content, and sponsor name lists. Free Member experience includes ads; paid Members (Plus) enjoy partial or full ad-free rights per their plan.
In the Service's search results, random recommendations, restaurant lists, and homepage features, certain results may receive higher ranking, priority exposure, or be marked "Sponsored," "Recommended," or "Featured" for the following reasons:
10.3 The Company's ranking and recommendation logic is its trade secret, and the specific weights and formulas need not be disclosed. The Company has reasonable operational discretion over ranking (including promoting or demoting rankings, adjusting recommendation frequency, and A/B testing); however, where vested paid entitlements of paying Members or bound Merchants are involved, the Company may not exercise such discretion arbitrarily, and any dispute thereover is not, by reason of this clause, deprived of remedy under the law.
10.4 The Company discloses paid placements at appropriate locations in the App interface using labels such as "Sponsored," "Recommended," "Ad," or "贊助" to comply with the Fair Trade Act and advertising disclosure standards. Content not labeled as advertising does not necessarily mean it is not the result of commercial cooperation.
10.5 Content from Advertisers, Merchants, and third-party brands is at their own legal risk. The Company bears no joint liability and has no pre-screening obligation for consumer disputes, product defects, personal injury, or property loss caused by advertising.
11.1 Merchant onboarding to SWAY requires the Company's approval. Approval criteria include authenticity of business qualifications, completeness of information, and conformity with the Service's quality standards. The Company may exercise reasonable discretion over the approval; with respect to any decision to refuse or revoke onboarding qualification, except where prohibited by law or where it would impede an investigation, the Company shall state the reasons and provide an opportunity to appeal.
11.2 Activities such as Merchant point accumulation, coupons, member binding, and QR Code redemption are set and fulfilled by the Merchant. The Company merely provides the technology platform and bears no liability for redemption, quality, card disputes, refund disputes, or personal injury.
11.3 Merchants bear complete legal liability for the merchant information, menus, photos, promotions, and event content they post, and shall ensure non-infringement of any third party's rights.
11.4 Merchants' complete rights and obligations (including paid plans, CRM use, employee permissions, liquidated damages, termination conditions) are detailed in the Merchant Service Agreement and the Refund and Cancellation Policy. In conflicts between these Terms and the Merchant Service Agreement, the order of priority in §10.6 of the Refund Policy applies.
The Service processes payment through licensed payment service providers including ECPay, Apple App Store IAP, and Google Play Billing. The Company does not directly store your full credit card number or CVV; only transaction codes, order numbers, and payment provider identification are retained. The Company bears no joint liability for losses caused by third-party payment provider data leakage or processing errors; users may directly assert rights against the respective payment provider.
Refunds for the Service are governed by the Refund and Cancellation Policy. In conflicts between these Terms and that Policy, that Policy shall prevail. Key principles: (a) Members may request a full refund within 7 days of the first charge (Consumer Protection Act §19); (b) after day 7 no refund is available (monthly, half-year and annual alike), although auto-renewal may be cancelled at any time and benefits are retained until the end of the current period; (c) refund requests submitted more than 7 days after the charge are not accepted; (d) merchant paid plans are business-to-business transactions, not subject to the 7-day cancellation right, and are governed by the Merchant Service Agreement. Users shall read the full Policy before purchase.
For payment disputes (including duplicate charges or service not received), the Company encourages you to contact the Company's customer service first, as most situations can be resolved more quickly that way. However, this is not an obligation, nor does it affect your right to apply for a chargeback directly in accordance with your contract with your issuing bank or third-party payment institution and applicable law; the Company will not penalize you or take adverse action against you for exercising that right. Where there is genuinely a duplicate charge or a billing error attributable to the Company, the Company shall, in accordance with the Refund and Cancellation Policy, proactively correct it and issue a refund. To help both parties clarify the matter, notifying the Company at the same time as you raise a chargeback will help expedite handling.
12.5.1 All fees are denominated in New Taiwan Dollars and inclusive of tax. The Company shall lawfully issue electronic invoices to the user's registered email. For refunds where invoices have been issued, users shall cooperate to process discount notes or void; if overdue, deemed used for tax offset.
12.5.2 Foreign Currency Payment Processing: Where you pay in foreign currency via Apple App Store, Google Play, or an overseas credit card, the conversion of the amount into New Taiwan Dollars shall be based on the exchange rate published by the respective payment platform or your card-issuing network (such as Visa, Mastercard, or JCB), plus any necessary handling fees that each such institution charges under its own rules; the Company does not separately adjust the consideration using an opaque internal rate. The actual converted New Taiwan Dollar amount will be displayed on the checkout page and in the charge details for your confirmation before payment. Amount differences arising from exchange rate fluctuations or third-party payment institutions' handling fees are matters beyond the Company's control. See the Refund and Cancellation Policy §9.4 for detailed standards.
When you purchase subscriptions, add-ons, or one-time IAP items through Apple App Store or Google Play in-app billing (IAP), such transactions are simultaneously bound by Apple's Apple Media Services Terms and Conditions, Apple End User License Agreement (EULA), and Google's Google Play Terms of Service. In conflicts between these platform terms and these Terms, the platform terms shall take priority for such IAP transactions.
For App downloads from Apple App Store and IAP transactions, you and the Company agree:
For subscriptions and IAP through Google Play: (a) Google bears no responsibility for the Service's content, quality, or refunds; (b) Google bears no maintenance or technical support obligation; (c) refunds are handled per Google Play's policies.
Refunds for IAP shall be applied directly to Apple or Google; the Company has no authority to intervene or process them. If you have obtained a refund through such platforms, the Company may, per §7 of the Refund and Cancellation Policy, remove the entitlements, gifts, points, and coupons "directly corresponding to that refunded transaction" in order to avoid duplicate benefit. Vested entitlements that bear no consideration relationship to that refund (for example, points or coupons you accumulated separately through other means or that you would independently be entitled to) are not subject to removal. When making the foregoing adjustment, the Company shall notify you by appropriate means and explain the scope of the adjustment; if you have any question about the scope of the adjustment, you may raise it under §8, and the Company shall respond and make corrections.
You represent compliance with the U.S. Export Administration Regulations, International Traffic in Arms Regulations, U.S. Treasury OFAC sanctions list, UN Security Council sanctions resolutions, and the Republic of China (Taiwan) Foreign Trade Act. The Company may immediately terminate your account and report to authorities for violations.
The Service provides limited offline browsing functionality, displaying cached restaurant data, favorites, and recent browsing history when offline. Please note:
The Service is provided, in principle, on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by law, the Company makes no express or implied warranty as to: the real-time accuracy, completeness, and currency of third-party data; the Service being uninterrupted, error-free, or providing a specific response time; the subjective quality of recommendation results; the availability of third-party services; or the truthfulness and legality of user content.
However, the Company remains subject by law to the following obligations, which may not be excluded by contract, and this Section does not apply to them:
The Service's search results, random recommendations, community reviews, merchant information, and promotional activities do not constitute the Company's recommendation, endorsement, warranty, approval, or guarantee in any form regarding any restaurant, merchant, goods, or service's quality, sanitation, safety, or legality. Users shall self-judge and verify before consumption.
The Service may be temporarily or permanently interrupted, degraded, or restricted (i.e., force majeure, see §18) for the following reasons: scheduled or temporary maintenance, system upgrades, version updates, performance tuning, third-party service interruptions, force majeure events, security incidents, regulatory or competent authority requirements, the Company's commercial judgment. The Company bears no liability for service interruptions, degradations, restrictions, or regional cessation; users may not seek refunds, fee waivers, or compensation based thereon.
You understand and agree that all risks of using the Service are borne by you, including but not limited to:
To the extent permitted by law, as to the Company's slight negligence, the Company shall not be liable for the following damages, whether based on contract, tort, or other theories: indirect damages, incidental damages, special damages, consequential damages, punitive damages, lost profits, business interruption, business opportunity loss, advertising revenue loss; and damages caused by the conduct of a third party (other users, Merchants, Advertisers, third-party service providers) or by force majeure.
However, the foregoing limitation does not apply to: (a) the Company's intentional act or gross negligence; (b) personal injury to life, body, or health; (c) liability that the Company is required to bear under mandatory legal provisions (including, under Civil Code Article 216, compensation for lost profits where the Company acts intentionally or with gross negligence). As to data loss, the Company remains liable in accordance with the duty of care it should exercise.
To the extent permitted by law, for damage caused by the Company's slight negligence, the Company's total liability to you shall be capped at the higher of: (a) the total fees you actually paid to the Company in the 12 months preceding the occurrence of the asserted facts; or (b) NT$10,000. If you are a free user and the event is unrelated to any payment, the cap under (b) shall be NT$1,000.
The following damages are not subject to the monetary cap in this Section:
The disclaimers and limitations of liability in this Chapter shall not take effect to the extent not permitted by Republic of China (Taiwan) mandatory law (including the Consumer Protection Act and Civil Code Article 222); the remainder remains in force. As to intentional acts, gross negligence, and the damages listed in the preceding Section that are not bound by the cap, the Company shall bear full liability for damages in accordance with the law, free from the disclaimers or caps in §16.1 and §16.2.
17.1 If, due to your intentional act or your attributable negligence, the Company suffers damage, you shall be liable for the Company's actual, reasonable damage sustained, limited to the following causes:
The foregoing indemnification is limited to the Company's reasonable damage that has actually occurred and bears an adequate causal relationship to your cause; where this includes attorney fees and litigation costs, the bearing thereof shall be determined under the Code of Civil Procedure and at the court's discretion, and you shall not, as a matter of course, bear the opposing party's attorney fees. This clause does not apply to a third party's conduct not attributable to you, to the Company's own intentional act or negligence, or to operating costs that the Company should bear itself. If the indemnification amount is in the nature of liquidated damages by agreement and is manifestly excessive, you may petition the court to reduce it under Civil Code Article 252.
17.2 Cooperation in Proceedings (Reciprocal; Each Retaining Its Own Procedural Rights): As to third-party claims or legal proceedings involving both parties, the parties shall, in good faith, notify each other and cooperate reasonably. The Company has the power of disposition over the defense or settlement of matters involving its own liability; you retain the right to litigate and dispose of, in accordance with the law, disputes involving your own rights and obligations, and the Company may not restrict you from settling or making an expression of intent on your own regarding claims directed at you. Where either party requests the other's assistance in producing documents or testifying in court, the necessary and reasonable costs thereby incurred shall be borne by the party requesting the assistance; this does not apply, however, where such costs arise from a cause attributable to the party being requested.
17.3 Continuation of Effect: The indemnification obligation under this Section, as to causes that arose before termination of these Terms, continues to be in effect after termination; its scope of indemnification remains subject to the limitation in §17.1 (limited to actual, reasonable damage).
18.1 Service interruptions, performance degradation, or feature changes during force majeure events do not constitute breach by the Company, and the Company bears no liability. The "force majeure events" referenced herein are per the expanded definition in §6.1 of the Refund and Cancellation Policy, including but not limited to:
18.2 If a force majeure event continues for more than 30 days, either party may terminate the contract by written notice; delivered services and paid amounts are processed per the Refund Policy.
The Company may suspend or terminate all or part of the Service, or terminate its contractual relationship with you, in the following circumstances; except where prohibited by law, where it would impede an investigation, or in cases of urgency, it shall notify you within a reasonable period:
Upon termination of these Terms or your account: (a) refunds of paid entitlements are handled per the Refund and Cancellation Policy, and vested entitlements falling outside the scope of refund are handled according to their nature; (b) your User Content is handled per §5.3; (c) for an account terminated due to a material violation, re-registration using the same identifying information may be restricted for a reasonable and necessary period (per §3.4); where termination is for a cause not attributable to you, re-registration shall not be restricted; (d) after termination you may no longer use the paid features of the Service.
The following provisions of these Terms continue to be effective after termination: §5 User Authorization, §9 Intellectual Property, §15 Disclaimers, §16 Limitation of Liability, §17 Indemnification, §18 Force Majeure, §19 Termination, §20 Dispute Resolution, §21 Amendments, §22 General Provisions, and other provisions that by their nature should continue to apply after termination.
For disputes arising out of these Terms, the Company encourages the parties to first communicate in writing and in good faith, so as to resolve them quickly and at low cost. However, such communication is not a prerequisite to filing a complaint, mediation, arbitration, or litigation, nor does it affect your exercise of the following rights in accordance with the law:
This clause shall not be construed to restrict, deprive you of, or aggravate the burden of exercising the foregoing statutory rights; any agreement that attempts, by this clause, to prevent you from filing a complaint, reporting, or seeking remedy from public authority shall not take effect.
These Terms do not restrict or exclude your right to participate in collective remedies in accordance with the law. You may, under Articles 49 and 50 of the Consumer Protection Act, have a consumer protection group take assignment of the claims of multiple consumers and bring a group action; you may, under Article 53 of the same Act, have a Consumer Ombudsman or a consumer protection group bring a public interest action; and you may, under Article 41 of the Code of Civil Procedure, conduct litigation by way of a selected party. Any agreement requiring you to abandon, waive, or not participate in the foregoing collective remedies is, under our law, manifestly unfair and void, and the Company will not assert it.
The interpretation, validity, performance, and disputes of these Terms and all related documents are 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 these Terms, 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; arbitration language: Traditional Chinese).
For litigation or arbitration arising under these Terms, the bearing of litigation costs shall be determined under the Code of Civil Procedure and related laws. Attorney fees shall, in principle, be borne by each party itself (the remuneration for mandatory attorney representation in the third instance under the Code of Civil Procedure, and where the law provides otherwise, shall follow such provisions). The Company does not require the consumer to bear the Company's attorney fees upon the consumer's losing the case, nor does it alter by contract the foregoing statutory principle of cost-bearing.
This clause does not affect your right to file a complaint, report, mediate, bring litigation, or participate in a group action in accordance with the law. Only where you, acting in bad faith and with knowledge that it is clearly without merit, intentionally harass the Company by repeatedly abusing legal procedures, may the Company seek compensation, in accordance with the law (including the provisions on tort under Civil Code Article 184), for the reasonable expenses it actually incurs as a result. The determination of the foregoing "bad faith and clearly without merit" shall be made by the court based on the specific evidence of the individual case, and where the compensation amount is in the nature of liquidated damages and is excessive, it shall be reduced under Civil Code Article 252. The Company may not use this clause to intimidate or obstruct your exercise of legitimate rights to complain, report, or litigate.
21.1 The Company may amend these Terms and related documents in response to changes in law, business, or the Service. Amended versions shall be published on this page with the "Last Updated" date updated; for material changes such as substantially reducing your rights, adjusting the paid structure, or altering the dispute resolution mechanism, the Company shall give notice before the effective date in the manner of §21.2.
21.2 Material Changes (including substantial reduction of user rights, adjustments to paid structure, or changes to dispute resolution mechanism) shall be announced 7 days before effective date by the methods of notice in §8. Non-Material Changes (including text refinement, section number adjustments, typo corrections, supplements consistent with the spirit of these Terms) may take effect immediately upon publication, without prior notice obligation.
21.3 After the amended version takes effect, your continued use shall be deemed agreement to the amended content of which you have been notified and reasonably informed in the foregoing manner. If an amendment is material and adverse to you, and you do not agree, you may terminate your use of the Service before the amendment takes effect, and, for the portion of the current paid period that has been paid for but not used, request a pro-rata refund under the Refund and Cancellation Policy; the Company may not make "ceasing use" your sole remedy. Your exercise of the foregoing rights of termination and refund does not affect rights you may assert in accordance with the law regarding causes that already arose before the amendment took effect.
21.4 Version Application (No Adverse Retroactivity): for refunds, disputes, and complaints, the policy version in effect at the time of your payment or contracting shall, in principle, apply. A subsequent amendment to these Terms or related policies shall not apply retroactively, to your disadvantage, to payments, transactions, or causes that already arose before the amendment took effect; however, where the amended content is more favorable to you, you may elect to apply the amended version.
In conflicts between these Terms and related documents, priority order is: (a) special clauses of individually signed written contracts → (b) Refund Policy → (c) Merchant Service Agreement (where applicable) → (d) these Terms → (e) Community Guidelines, Privacy Policy, Copyright Notice Policy. Apple App Store / Google Play IAP transactions are subject to the priority order in §13.
Where any provision of these Terms 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 that provision's validity under other circumstances. The invalidated provision shall be replaced by the closest lawful, valid provision based on its original commercial purpose.
The Company's failure to exercise or delay in exercising any right or remedy under these Terms shall not constitute a waiver thereof; the singular or partial exercise of such rights does not preclude exercise of others.
These Terms, together with the above incorporation-by-reference documents and any written contracts you and the Company sign separately, constitute the parties' complete agreement regarding the Service, and supersede all prior oral or written agreements, statements, and commitments.
The Company may, by reason of a merger, division, business or asset transfer, or similar cause, assign the rights and obligations or contractual position under these Terms to a third party; upon assignment, the Company shall notify you within a reasonable period in the manner of §8, the assignee shall assume all of the obligations toward you under these Terms, and your rights and interests shall not be diminished by reason of the assignment. Where the assignment involves the transfer of your personal data, the Company shall handle it in accordance with the Personal Data Protection Act; if you do not agree to the assignment, you may, after being notified, terminate your use of the Service and, for the portion of the current paid period that has been paid for but not used, request a pro-rata refund under the Refund and Cancellation Policy. If you wish to assign the rights and obligations under these Terms to a third party, you shall obtain the Company's prior written consent.
These Terms are officially in Traditional Chinese. The Company may also provide translated versions in English, Japanese, Korean, Simplified Chinese, Vietnamese, Thai, etc. for user reference; in case of discrepancy between any translated version and the Traditional Chinese version, the Traditional Chinese version shall prevail.
These Terms do not create a partnership, agency, employment, joint venture, trust, or other special relationship between you and the Company. Both parties are independent contracting parties.
The section headings in these Terms are for ease of reading only and do not affect the substantive interpretation of the provisions.
The following clauses are added at SWAY V1's official launch (May 2026) and have legal effect equivalent to all other clauses of these Terms; in case of conflict between this section and any preceding section, this section shall prevail.
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).
When you upgrade to Plus Members in the SWAY App, billing shall be processed through ECPay's recurring billing service; for purchases through Apple App Store / Google Play, IAP auto-renewal is also used. The system shall automatically charge per the contract on a monthly (Monthly plan), semi-annual (Semi-Annual plan), or annual (Annual plan) basis; you may cancel at any time in the App, with current entitlements continuing to expiration and no charge for the next period.
Refund Policy: Refunds for the Service are governed by the Refund and Cancellation Policy. Key principles: (1) Members may request a full refund within 7 days of the first charge (Consumer Protection Act §19); (2) After day 7 no refund is available (monthly, half-year and annual alike); (3) Monthly plans are non-refundable for the current period but may cancel the next billing cycle anytime; (4) No refunds accepted after 30 days. Please read the full Policy before purchase.
These Terms Version 2.3, published September 16, 2026, effective September 23, 2026; previous Version 2.2 effective June 9, 2026 (v2.2 adds Section Y.6 No-Show Protection); previous version 2.1 effective June 6, 2026.
Changes in Version 2.3: (1) the refund rules for member subscriptions are aligned with the Refund and Cancellation Policy: a full refund is available within 7 days of the first charge, and no refund is given after 7 days (for monthly, half-year and annual plans alike), although you may cancel the next renewal at any time and keep your benefits until the end of the current period; (2) "priority customer service" is removed from the Plus Paid Member benefits in §4.1; (3) Apple Pay, Google Pay, JKO Pay and LINE Pay, which the Company has not integrated, are removed from the definition of "Third-Party Services" in §1, together with references to payment channels the Company does not offer and other wording that no longer applies; (4) the merchant plans in §Y.2 are aligned with §3.2 of the Merchant Service Agreement: the statement that the Free Tier includes 2 coupons and 1 push notification per month is removed, and the word "unlimited" is removed from Plus Merchant; (5) the Merchant Wallet in §Y.4 is aligned with the Refund and Cancellation Policy: top-ups are non-refundable, over-deductions caused by system errors are returned to the wallet in full with no additional compensation, and the automatic low-balance notice is removed; (6) §Y.5 adds report handling time limits and the rule that a review reported by a member is hidden until the review is completed, consistent with Version 2.2 of the Community Guidelines and Reporting Standards; (7) corrections to links and translated wording. Under §1.3 of the Merchant Service Agreement, items (4) and (5) take effect for merchants on October 17, 2026 (or on the day after 30 days have passed since the individual notice is sent, whichever is later). Under §21.4, these changes do not apply retroactively, to your detriment, to payments, transactions or events that occurred before they take effect.
Operating Entity: SWAY CO., LTD. (registered in Taiwan as 隨食有限公司; brand name "Sui Shi SWAY")
These Terms are officially in Traditional Chinese; in case of discrepancy with any translated version, the Traditional Chinese version shall prevail.