Fair Use Policy

1. The Fair Use Principle

Swaybyte sells access to shared generation infrastructure. Fair use means each account consumes that infrastructure in a way that is consistent with the plan it purchased and does not degrade the experience of other customers. The overwhelming majority of accounts never notice this Policy; it exists for the rare cases that would otherwise crowd out everyone else.

2. What “Unlimited” Means

Where a plan or feature is described as unlimited, that means no fixed monthly cap on the relevant feature for ordinary individual use. It does not mean unmetered infrastructure, guaranteed throughput, unlimited concurrency, or a licence to resell capacity.

Indicators that use is no longer ordinary individual use include: sustained automated or scripted submission; continuous round-the-clock generation; a single seat operated by multiple people; account activity that resembles a service bureau, render farm or API gateway; and volume that materially exceeds what one person could plausibly direct and review.

3. Rate Limits and Platform Safeguards

All plans are subject to rate limits, concurrency limits, queue prioritisation, and per-job size and duration limits. These safeguards are tuned so that normal creative work — including heavy production weeks — is unaffected. During periods of peak demand, paid plans are prioritised in the generation queue over free allowances.

4. Seats and Account Sharing

Seats are per named individual. Sharing one seat between several people, pooling an account across a team without the seats to match, or operating an account as a shared generation service for third parties is outside fair use and a breach of our Terms.

5. No Resale of Capacity

Except under an express written reseller, white-label or partner agreement, you may not resell, sublicense, rent, share or syndicate your account, seats, credits, unlimited access or generation capacity. Selling the output of your work — client deliverables, finished videos, campaigns — is of course permitted and encouraged; selling access to the platform itself is not.

6. Your Rights in Generated Output

Subject to the Terms of Service and payment of applicable fees, we assign to you such rights as we hold in the output you generate. On any paid plan you may use your output for personal and commercial purposes — advertising, social media, client work, products and broadcast — with no additional licence fee and no attribution requirement.

Output generated on a free allowance is licensed for personal use and evaluation; move to a paid plan before using free-tier output commercially.

The legal status of AI-generated content, including whether and to what extent it attracts copyright protection, varies by jurisdiction and remains unsettled. We make no representation about the copyrightability of output, and we cannot guarantee that similar prompts will not produce similar output for other users.

7. Third-Party Rights and Responsible Use

Fair use of the platform includes respecting the rights of others in what you create. You are responsible for ensuring you hold the rights or permissions needed for any material you upload — including other people's copyrighted work, trademarks, and the voice, face or likeness of real people — and for how you use the resulting output.

National copyright doctrines such as “fair use” (US) or “fair dealing” (UK and elsewhere) are narrow, fact-specific legal defences, not general permissions. Do not rely on them to reproduce a third party's protected work through the Services; where in doubt, obtain a licence or take advice.

8. Interaction with Moderation and Credits

Safety systems may block, delay or refuse a request as described in our Acceptable Use Policy. Credits consumed by a job blocked by moderation, or failed by a fault on our side, are restored. Credits consumed by successfully completed generations are used, including where the creative result is not what you hoped for — generation capacity, not creative satisfaction, is what a credit meters.

9. How We Enforce Fair Use

Where usage falls outside fair use we apply the least disruptive remedy that protects other customers, normally in this order: automatic rate limiting or queue de-prioritisation; a notice asking you to adjust usage or move to an appropriate plan; feature restriction; and only in serious or repeated cases, suspension or termination under the Terms of Service.

If you believe a limit has been applied to your account in error, or your legitimate workload needs more headroom than your current plan provides, contact support@swaybyte.com or call (888) 535-7187 — genuine production workloads are exactly what the platform is for, and we would rather size you correctly than slow you down.

10. Contact

Questions about this Policy: support@swaybyte.com · Toll-free (888) 535-7187