Last Updated: 11/2/26

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

1. Eligibility and Age Verification

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

• By creating an account, you confirm that you are at least 18 years of age. During account registration, you will be required to confirm your age by checking a box stating “I confirm that I am 18 years of age or older.” This confirmation is mandatory to proceed.

• We may request additional age or identity verification at any time, particularly for users participating in paid challenges or receiving payouts. Verification requirements may escalate based on transaction volume, payout amounts, or regulatory requirements as determined by our payment providers.

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

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

• Accounts found to belong to individuals under 18 will be immediately terminated without refund.

  
  

1A. Content Rating and App Classification

• This app is rated 18+ due to:

  • Real money transactions (in-app purchases for challenge entry fees)

  • Prize pools and monetized challenges

  • User-generated content

  • Collection of health and fitness data

• Users under 18 are strictly prohibited from creating accounts, participating in challenges, or using any app features.

  
  

2. Medical Disclaimer and Assumption of Risk

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

You must consult with a qualified healthcare professional before:

• Beginning any exercise program

• Starting any weight loss, nutrition, or dietary program

• Making significant changes to your health routine

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

• If you are pregnant or nursing

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

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

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

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

• You assume all risks associated with your participation.

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

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

3. Third-Party Services

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

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

4. Gamified Features and Challenges

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

• Any eligible user (18+) can host a challenge. However:

  • Non-verified users may create challenges with restrictions on total prize pool value.

  • Verified creators can host challenges with larger prize pools, create paid communities, produce video content, and access advanced features.

• Verified creators can claim a commission for hosting a challenge, which will be deducted from the total prize pool.

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

• Host is responsible for covering the refund transaction costs of participants should a refund be required. This will be deducted from the total amount refunded to ‘host’ at the end of the refund process.

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

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

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

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

  
  

4A. Challenges Are Skill-Based, Not Gambling

• HRO challenges are skill-based competitions, not gambling, lotteries, or games of chance.

• Winners are determined by objective criteria such as:

  • Achievement of weight loss goals

  • Completion of fitness milestones

  • Adherence to challenge rules

• Success depends on your effort, commitment, and skill—not random chance.

• Entry fees do not improve your odds of winning. All participants compete on equal terms based on their individual performance.

• HRO is not a gambling platform. We do not offer casino games, sports betting, or any games of chance.

• Users are responsible for ensuring that participation in skill-based challenges is legal in their jurisdiction. Some jurisdictions may regulate skill-based competitions with entry fees differently.

  
  

4.1 Fraud prevention and dispute resolution

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

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

  
  

5. Physical Bootcamps and In-Person Events

5.1 Bootcamp Overview

• HRO allows users to create and participate in physical bootcamps—in-person fitness events, group workouts, or social fitness activities.

• Verified creators may create paid bootcamps (entry fees charged for attendance)

• All users (18+) may create free bootcamps for socializing and community fitness activities

• Bootcamps may vary in format, including group workouts, fitness classes, social runs, outdoor activities, or other in-person fitness experiences

  
  

5.2 Bootcamp Participation - Assumption of Risk

BY PARTICIPATING IN ANY PHYSICAL BOOTCAMP, YOU ACKNOWLEDGE AND AGREE:

• You attend at your own risk. SWAGR is not responsible for any injuries, accidents, illnesses, deaths, or other harm that may occur during or as a result of attending a bootcamp.

• Physical fitness activities carry inherent risks, including but not limited to: muscle strains, sprains, fractures, cardiac events, heat exhaustion, dehydration, and other injuries or medical emergencies.

• You are solely responsible for:

  • Assessing your own physical fitness and ability to participate safely

  • Consulting a medical professional before participating if you have any health concerns

  • Following all safety guidelines and instructions provided by the bootcamp host

  • Bringing appropriate equipment, clothing, water, and medical supplies

  • Understanding the physical location and any environmental risks (weather, terrain, traffic, etc.)

• You voluntarily assume all risks associated with attending a bootcamp, including risks caused by the negligence of the bootcamp host or other participants.

• You release and hold harmless SWAGR, the bootcamp host, other participants, and all affiliated parties from any liability for injuries, damages, or losses arising from your participation.

  
  

5.3 Bootcamp Host Responsibilities

If you create a bootcamp (whether free or paid), you agree to:

• Provide accurate information about the bootcamp, including:

  • Date, time, and location

  • Activity type and physical difficulty level

  • Equipment or clothing required

  • Any age, fitness, or health restrictions

  • Whether the bootcamp is free or paid

• Select a safe location and inform participants of any known hazards

• Communicate clearly with participants before and during the event

• Cancel or reschedule if conditions are unsafe (severe weather, unsafe location, insufficient participants, etc.)

• Not misrepresent your qualifications - if you are not a certified fitness professional, you must clearly disclose this

• Comply with all local laws and regulations, including:

  • Permits for public gatherings (if required)

  • Use of public or private spaces

  • Liability insurance (if required by law or venue)

  • Health and safety regulations

    
    

5.4 Paid Bootcamps (Verified Creators Only)

• Only verified creators may charge entry fees for bootcamps

• Entry fees are processed through Stripe as outlined in Section 6

• Refund policy for paid bootcamps:

  • If the Host cancels the bootcamp, participants receive a refund minus transaction fees (typically 3-5%)

  • If a participant cancels their attendance, no refund is provided unless the Host agrees otherwise

  • If SWAGR determines the bootcamp violated Terms or was fraudulent, full refunds will be issued

• Verified creators may set their own cancellation and refund policies, which must be clearly communicated to participants before purchase

  
  

5.5 Free Bootcamps (All Users)

• Any user (18+) may create free bootcamps for socializing and community fitness activities

• Free bootcamps are subject to the same safety, accuracy, and community guidelines as paid bootcamps

• SWAGR may remove or restrict users who create unsafe, fraudulent, or inappropriate bootcamps

  
  

5.6 Insurance and Liability

• SWAGR does not provide liability insurance for bootcamp hosts or participants

• Bootcamp hosts are solely responsible for obtaining any required insurance or liability coverage

• Participants are responsible for their own health insurance and medical coverage

• In some jurisdictions, bootcamp hosts may be legally required to carry liability insurance—hosts are responsible for understanding and complying with these requirements

5.7 Safety and Emergency Procedures

• Bootcamp hosts should have a plan for medical emergencies and communicate it to participants

• Participants should inform the host of any medical conditions that could affect their participation

• If an injury or medical emergency occurs, call emergency services (000 in Australia, 911 in the US) immediately

• SWAGR is not responsible for emergency response or medical care

  
  

5.8 SWAGR’s Role and Limitations

• SWAGR is a neutral platform that facilitates bootcamp creation and discovery

• SWAGR does not:

  • Vet, certify, or verify bootcamp hosts’ qualifications

  • Inspect bootcamp locations for safety

  • Supervise or monitor bootcamps

  • Provide insurance or liability coverage

  • Assume any responsibility for bootcamp safety or participant well-being

• SWAGR may:

  • Remove bootcamps that violate Terms or community guidelines

  • Suspend or terminate users who create unsafe or fraudulent bootcamps

  • Assist in disputes or issue refunds at its sole discretion

    
    

5.9 Participant Conduct

Bootcamp participants agree to:

• Treat all participants and the host with respect

• Follow the host’s instructions and safety guidelines

• Not engage in harassment, bullying, or inappropriate behavior

• Respect the bootcamp location and leave it clean

• Not attend if feeling unwell or experiencing symptoms of contagious illness

  
  

6. Verified Creator Communities

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

• Non-verified users may create challenges but cannot:

  • Create paid video content

  • Run subscription-based communities

  • Host challenges exceeding certain prize pool limits (as determined by SWAGR)

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

  • Display names

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

  • Uploaded proof (photos, videos, measurements)

  • Progress logs and results

    
    

Verified Creators must:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    
    

7. In-App Purchases and Payment Terms

• All in-app purchases are for entry into skill-based fitness challenges, physical bootcamp attendance, or access to digital communities. Challenge entry purchases do not guarantee winnings.

• Payment Processing Methods:

  • Digital content and communities: Processed through the app store’s payment system as required by platform policies

  • Physical experiences (challenges and bootcamps): Processed through our payment provider, Stripe (https://stripe.com/privacy)

• Entry fees are paid to join challenges or bootcamps. Your payment does not improve your odds of winning—success is based entirely on your performance and adherence to challenge goals.

• All sales are final except where refunds are required by law or app store policies. Refund eligibility:

  • Challenge cancellations: Refund minus transaction fees if the Host cancels or removes you for reasons unrelated to rule violations

  • Bootcamp cancellations: Refund minus transaction fees if the Host cancels prior to the event

  • SWAGR-initiated refunds: If SWAGR determines a refund is appropriate due to fraud or rule violations

  • App store purchases: Subject to the refund policies of Apple App Store or Google Play Store

  • No refunds for: Participant withdrawal, failure to complete requirements, disqualification for rule violations, or changes in personal circumstances

• By making a purchase, you confirm:

  • You are 18 years of age or older

  • You understand that entry fees do not guarantee prizes or winnings (for challenges)

  • You have read and agree to the challenge or bootcamp rules

  • For Stripe-processed payments: You accept the currency conversion and payout terms outlined in Section 8.2

    
    

7A. Payment Processing and Regulatory Compliance

• Payment processing is handled by Stripe (https://stripe.com/privacy), which ensures:

  • PCI-DSS compliance (secure payment card processing)

  • Fraud detection and prevention

  • Compliance with payment processing regulations

• Identity verification and payouts are handled by Borderless (https://getborderless.com/legal/), which ensures:

  • Know Your Customer (KYC) verification

  • Anti-Money Laundering (AML) compliance

  • Cross-border payment regulations

  • Tax reporting (1099 forms or equivalent, where applicable)

• Users participating in paid challenges must complete all verification requirements imposed by our payment providers, which may escalate based on transaction volume, payout amounts, user location, or regulatory requirements. This may include:

  • Providing government-issued ID documentation

  • Verifying bank account or payout information

  • Providing proof of address

  • Completing tax identification (where required by law)

• Verification requirements are determined by our payment providers (Stripe and Borderless) and may vary based on transaction amounts, user location, and regulatory requirements. SWAGR reserves the right to implement additional verification measures as needed for compliance, fraud prevention, or security purposes.

• Failure to complete verification may result in forfeiture of winnings or inability to receive payouts.

• SWAGR complies with applicable financial regulations through our third-party payment processors. We do not directly handle, store, or transmit payment card information.

  
  

8. User Responsibilities

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

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

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

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

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

  
  

9. Participant-Specific Terms

9.1 Participation in Challenges

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

• For prize pool challenges, you agree to:

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

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

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

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

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

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

Refunds will be processed only under the following circumstances:

• Failure to meet the minimum amount required to host a paid challenge.

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

Refunds will be subject to:

• Deduction of transaction fees charged by the payment processor (typically 3 - 5% of the entry amount). If you cancel as a host (or the challenge fails to start) you will be required to cover these transaction fees for participants to ensure they receive 100% refund. These fees will be deducted from your existing challenge creation payment. As the host you will be refunded the remaining amount after all of these combined fees.

• Deduction of any currency conversion fees or charges already incurred

• Processing delays of 5-10 business days

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

No refunds will be issued for:

• Participant withdrawal or dissatisfaction with Challenge rules

• Participant failure to complete Challenge requirements

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

• Changes in participant circumstances or ability to participate

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

• For in-person Challenges:

  • Attendance may be required.

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

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

  
  

9.2 Conversion rates, fees and prize redemptions

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

1. Currency Conversion:

• Your entry fee is collected in the currency of your payment method (determined by your payment processor and converted to USD if required).

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

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

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

2. Fees and Charges:

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

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

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

3. No Guarantee of Amount:

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

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

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

4. Information Required for Payout:

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

  • Full legal name

  • Date of birth

  • Government-issued ID documentation (may be required based on payout amount, transaction volume, or regulatory requirements)

  • Bank account or payment method information

  • Proof of address

  • Tax identification information (if required by law)

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

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

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

5. Payout Timeline:

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

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

6. Payout Hold for Fraud Investigation:

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

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

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

  
  

10. Host-Specific Terms

10.1 Hosting a Challenge

• Any user (18+) may host a challenge, subject to the following:

  • Non-verified users may create challenges with restrictions on total prize pool value (as determined by SWAGR).

  • Verified creators may host challenges with larger prize pools, create video content, run paid communities, and access advanced features.

• You may not cancel a paid challenge that is scheduled to start in less than 24hrs. If it’s less than 24hrs before challenge start, the cancellation functionality will be disabled and any monetary prizes are locked until challenge completion. (Note: new participants may be able to join the challenge inside this window and during the first day of the challenge)

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

  • Rules and goals

  • Start and end dates

  • Entry fees and prize pool

  • Proof requirements (photos, videos)

• You are responsible for:

  • Communicating professionally with participants

  • Reviewing submissions fairly

  • Selecting winners in good faith

  • Promptly notifying participants of changes or cancellations

    
    

10.2 Payments and Commissions

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

• Commissions and payouts to Hosts are subject to the same currency conversion terms outlined in Section 8.2 above. Additionally:

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

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

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

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

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

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

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

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

  
  

10.3 Refunds

• Refunds may be issued if:

  • A Challenge is cancelled or does not meet the minimum required to commence.

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

    
    

10.4 Fair Play and Acceptable Use

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

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

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

  • Contest, gaming, gambling, and sweepstakes laws

  • Prize and promotion regulations

  • Tax and financial reporting requirements

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

  • Consumer protection laws

  • Intellectual property laws

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

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

11. User Content

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

  • Challenge verification and participant eligibility determination

  • Dispute resolution and fraud investigation

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

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

You represent and warrant that:

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

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

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

• Your content is not defamatory, obscene, or unlawful

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

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

  
  

12. User-Generated Content Moderation

To maintain a safe, supportive, and age-appropriate environment, SWAGR implements the following content moderation policies:

12.1 Content Creation Restrictions

• Non-verified users may create challenges but cannot create paid video content, subscription-based communities, or challenges exceeding certain prize pool limits.

• Verified creators are pre-approved by SWAGR and may create advanced content including video tutorials, paid communities, and larger prize pool challenges.

• All creators (verified and non-verified) must comply with community guidelines and content policies.

  
  

12.2 Prohibited Content

Users may not upload, post, or share content that:

• Is obscene, pornographic, or sexually explicit

• Depicts or promotes violence, self-harm, or dangerous activities

• Contains hate speech, harassment, or discrimination

• Violates intellectual property rights

• Is fraudulent, misleading, or deceptive

• Violates any applicable law

  
  

12.3 Reporting Mechanism

• Users can report inappropriate content or behavior by:

  • Using the in-app “Report” button (where available)

  • Contacting SWAGR support at www.swagr.com

  • Emailing support with details of the violation

• Reports should include:

  • Description of the violation

  • Username or challenge name

  • Screenshots or evidence (if available)

    
    

12.4 Review and Response

• SWAGR reviews reported content within 5 business days of receipt.

• We may:

  • Remove or disable violating content

  • Issue warnings to users

  • Suspend or terminate accounts for serious or repeat violations

  • Report illegal content to relevant authorities

• Users who repeatedly violate content policies will have their accounts permanently terminated.

  
  

12.5 Appeals

• If your content is removed or your account is suspended, you may appeal the decision by contacting SWAGR support within 7 days.

• We will review appeals and respond within 10 business days.

• SWAGR’s decision on appeals is final.

  
  

13. Community Guidelines for Messaging and Chats

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

13.1 Respectful Communication

• Treat all users with courtesy and respect.

• No harassment, bullying, threats, or intimidation.

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

  
  

13.2 Appropriate Content

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

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

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

  
  

13.3 Health and Safety

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

• Encourage responsible participation and respect users’ personal limits.

  
  

13.4 Privacy and Confidentiality

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

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

  
  

13.5 Proof and Verification Chats

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

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

  
  

13.6 Moderation and Enforcement

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

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

• Serious violations may lead to permanent account termination.

  
  

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

14. SWAGR’s Role

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

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

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

  
  

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

• Fraud, cheating, or manipulation by any user

• Disputes between participants or between a Host and participant

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

• Harmful advice or recommendations provided by Hosts or other users

• Violation of laws by users

• Data breaches caused by user negligence or misuse

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

15. Limitation of Liability

Disclaimer of Warranties

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

• WARRANTY OF MERCHANTABILITY

• WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE

• WARRANTY OF TITLE AND NON-INFRINGEMENT

• WARRANTY OF ACCURACY, COMPLETENESS, OR TIMELINESS OF CONTENT

• WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION

SWAGR DOES NOT WARRANT THAT:

• The App will meet your requirements or expectations

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

• Any defects or errors will be corrected

• The App will be compatible with your devices or systems

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

  
  

Limitation of Liability

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

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

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

• DAMAGE TO YOUR REPUTATION OR PRIVACY

• COST OF SUBSTITUTE GOODS OR SERVICES

ARISING FROM OR RELATED TO:

• Your use or inability to use the App

• Any content or information provided through the App

• Your participation in or hosting of Challenges

• Disputes between users, including Hosts and Participants

• Paid transactions or payment processing

• Unauthorized access to your account or data

• Third-party conduct or content

• Any other matter related to the App

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

Cap on Liability

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

Exceptions to Limitation of Liability

The above limitations do not apply to:

• Bodily injury or death

• Fraud, gross negligence, or wilful misconduct

• Liability that cannot be limited or excluded under applicable law

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

  
  

16. Termination

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

  • Violations of these Terms and Conditions

  • Fraudulent activity, cheating, or manipulation

  • Harassment, threats, or abusive conduct toward other users

  • Violation of applicable laws

  • Non-payment of fees or chargebacks

  • Suspicious or unusual account activity

  • Regulatory or legal compliance concerns

  • Failure to complete identity verification

  • Being under 18 years of age

Upon termination:

• Your access to the App will be immediately revoked

• Pending payouts may be forfeited

• Any remaining account balance will be retained by SWAGR

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

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

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

  
  

17. Changes to Terms

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

• As our platform evolves, we may add new features, verification requirements, or compliance measures. Material changes will be communicated to users, and continued use constitutes acceptance.

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

  
  

18. Dispute Resolution and Governing Law

18.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

18.2 SWAGR’s Final Decision

For any disputes arising out of or relating to these Terms, your use of the App, challenges, payments, or prize distributions:

• SWAGR has the sole and final authority to interpret these Terms and resolve disputes

• SWAGR’s decisions regarding eligibility, verification, fraud, prize awards, refunds, and account termination are final and binding

• You waive any right to appeal SWAGR’s decisions, except where prohibited by law

  
  

18.3 User-to-User Disputes

• For disputes between users (e.g., between a Host and Participant), users agree to resolve disputes directly with each other

• SWAGR is not obligated to intervene in user-to-user disputes

• SWAGR may, at its sole discretion, provide assistance or mediation, but is not required to do so

• If SWAGR does intervene, its decision is final and binding

  
  

18.4 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the courts located in Wilmington, Delaware, United States, and you consent to the personal jurisdiction of such courts.

18.5 Limitation on Claims

You agree that any claim or cause of action arising out of or related to these Terms or the App must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

18.6 Waiver of Class Actions

To the maximum extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

By using HRO, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.