These Terms are a binding agreement for using Sway. The essentials up front: you must be 18 or older (Section 2); Sway is a $9.99/month subscription with one free playlist generation to try it, and it renews monthly until you cancel (Section 5); Sway works with a Spotify account you choose to link, and your use of Spotify stays governed by Spotify’s own terms (Section 4); and Section 9 includes an arbitration agreement and class-action waiver, with a 30-day opt-out.
Welcome to Sway. These Terms of Service (“Terms”) are a legal agreement between you and Fuesera LLC, a North Carolina limited liability company (“Fuesera,” “we,” “us,” or “our”). They govern your access to and use of Sway — our playlist-design tool for yoga teachers — together with any related features and services (the “Service”).
By creating an account, joining Sway, or using the Service, you agree to these Terms. If you don’t agree, please don’t use Sway.
1. About these Terms
These Terms apply specifically to Sway. Fuesera also operates other products — The Mat’, FlowMads™, and HostGuru™ — which have their own terms. One Fuesera account can access all of our products, but you join each product individually, and each product’s terms apply only to that product. Our Privacy Policy works alongside these Terms and explains how we handle your information, including the Spotify connection described below.
2. Who can use Sway
Sway is for adults. You must be at least 18 years old to create an account or use the Service. When you register, we ask for your date of birth to confirm this, and you agree that the information you provide is accurate. Misrepresenting your age is grounds for immediate termination, and if we learn an account holder is under 18 we will remove the account and the associated personal data, consistent with our Privacy Policy. At launch, the Service is offered to users in the United States.
3. What Sway is — and what it isn’t
Sway helps you design class playlists: you describe the arc of your class, and Sway analyzes music available through your linked account and assembles a playlist to match, which you can refine, save, annotate, and export. A few honest boundaries:
- Sway doesn’t provide, license, or stream music. It organizes tracks available through your own music-service account. Playback, and your rights to the music itself, come from your music service — not from us.
- Analysis is informational. Sway’s scores and characterizations of tracks are our best computational estimate, provided to help you design — they aren’t guaranteed to be accurate for every track, and the playlist that’s right for your class is ultimately your professional judgment.
- Public playlists and sharing remain your responsibility: what you name a playlist and what notes you attach are your content (Section 6).
4. Your Spotify connection
Sway’s v1 works with Spotify. To use it, you connect a Spotify account you own. When you do:
- We store a securely encrypted connection token — never your Spotify password — and use it only to read the music data needed for analysis and to create playlists for you, as described in our Privacy Policy.
- Your relationship with Spotify stays governed by Spotify’s own Terms of Use and Privacy Policy. Sway is an independent product of Fuesera LLC; it is not affiliated with, endorsed by, or sponsored by Spotify.
- You can disconnect at any time — in Sway, or by revoking Sway’s access from your Spotify account settings. Disconnecting stops new analysis and exports; playlists already exported to your Spotify account are yours and stay there.
- If Spotify changes or withdraws the interfaces Sway depends on, some features may change or become unavailable. We’ll be straightforward with you if that happens.
5. Subscription, free generation & billing
The free generation
Every account gets one free playlist generation, once, ever — a real taste of the product, not a recurring allowance. During our pre-launch period, some features that will later be subscriber-only (such as export) may be available with your free generation; once subscriptions launch, those features require an active subscription.
The subscription
Sway is $9.99 per month, with no free trial beyond the free generation above. Subscribing gives you unlimited playlist generation, regeneration, saved playlists, class notes, and export while your subscription is active.
- Billing: handled by Stripe, our payment processor, on our website — we never see or store your full card number. Your subscription renews automatically each month and your payment method is charged at the start of each billing period, until you cancel.
- Cancelling: you can cancel anytime through the billing portal in Sway. Cancellation takes effect at the end of your current billing period — you keep access until then, and you aren’t charged again.
- Refunds: because you can cancel anytime and keep access through the period you’ve paid for, we don’t refund partial billing periods, except where the law requires or where we’ve clearly gotten something wrong — in which case email help@fuesera.com and a person will make it right.
- Price changes: if we change the price, we’ll notify you before it takes effect, and it will apply from your next billing period — never retroactively. If you don’t agree, cancel before the new price starts.
- Failed payments: if a renewal charge fails, we’ll let you know and give you the chance to fix your payment method; access may pause until payment succeeds.
- Account deletion cancels the subscription. Deleting your Fuesera account cancels any active Sway subscription as part of deletion — see our account deletion page.
6. Your content
Your playlists, their names, and your class notes are yours. By using the Service you grant Fuesera a non-exclusive, worldwide, royalty-free license to host, store, process, and display that content as needed to operate Sway for you — including creating the corresponding playlist in your linked music account when you export. This license exists so Sway can function; it doesn’t give us the right to sell your content, and our Privacy Policy explains the limits on how we use information.
7. Conduct on the Service
You agree to use Sway only for lawful purposes and only with accounts you own. Don’t interfere with or disrupt the Service, attempt unauthorized access, scrape or harvest data from it, resell or share subscription access, or use it in ways that violate your music service’s terms.
8. Suspension, termination & leaving
You can stop using Sway anytime by cancelling your subscription, and you can delete your Fuesera account anytime — see our account deletion page and Privacy Policy for exactly what happens to your data, including your encrypted Spotify connection (deleted) and your private playlists (deleted). Playlists already exported to your Spotify account are outside our systems and remain yours.
We may suspend or terminate access for violations of these Terms, fraud, or where necessary to comply with the law — proportionately and with notice where reasonable. If we terminate your paid access without cause, we’ll refund the unused portion of your current billing period. Sections that by their nature should survive — amounts already owed, disclaimers, liability limits, and dispute-resolution terms — survive termination.
Disclaimers & limitation of liability
We provide the Service “as is” and “as available.” To the fullest extent permitted by law, Fuesera disclaims all warranties, express or implied, including any warranty that analysis results are accurate or that the Service will be uninterrupted — including where a music service changes what’s available to us. To the fullest extent permitted by law, Fuesera is not liable for any indirect, incidental, special, consequential, or punitive damages, and our total liability for all claims relating to the Service will not exceed the greater of one hundred U.S. dollars (US$100) or the subscription fees you paid us in the twelve months before the claim arose. Some jurisdictions don’t allow certain limitations; where that’s the case, our liability is limited to the smallest extent permitted by law. Nothing in these Terms excludes anything that can’t lawfully be excluded.
9. Resolving disputes — arbitration & class-action waiver
Please read this section carefully — it affects your legal rights. It requires most disputes between you and Fuesera to be resolved through individual arbitration rather than in court, and it waives your right to participate in a class action. You have the right to opt out within 30 days, as described below, and opting out won’t affect any other part of these Terms or your use of the Service.
9.1 Talk to us first
Most concerns can be resolved quickly and informally, and we’d genuinely prefer that. Before starting arbitration, you agree to first contact us at help@fuesera.com with a short description of the dispute and what you’d like to resolve it. We’ll do the same if we have a dispute with you. If we can’t resolve it within 60 days, either of us may proceed to arbitration.
9.2 Agreement to arbitrate
Except for the matters described in Section 9.5, you and Fuesera agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act. The arbitration will be administered by a recognized, neutral arbitration provider under its consumer arbitration rules, and may be conducted by phone, video, or written submissions, or in person at a mutually agreeable location in North Carolina. The arbitrator decides the substance of the dispute; a court decides any question about the enforceability of the class-action waiver in Section 9.4.
9.3 Costs of arbitration
We want cost not to be a barrier to a legitimate claim. Consistent with the arbitration provider’s consumer rules, we will pay arbitration filing and arbitrator fees for any claim where those rules place a disproportionate share on a consumer, except where the arbitrator finds your claim was frivolous or brought for an improper purpose. Each party otherwise bears its own attorneys’ fees, unless a law or the arbitrator provides otherwise.
9.4 Class-action waiver
You and Fuesera agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — will be severed from arbitration and may proceed in court, while all other claims remain in arbitration.
9.5 Exceptions
Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized access to or misuse of the Service. Nothing here prevents you from reporting a concern to a government agency.
9.6 Your right to opt out
You can opt out of this Section 9 without affecting any other part of these Terms. To opt out, email help@fuesera.com within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your account name. If you opt out, disputes will be resolved in the courts identified in the following section. If we make a material change to this section in the future, we’ll notify you and you’ll have the same opportunity to opt out of the change.
10. Governing law & venue
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs Section 9. For any dispute not subject to arbitration, you and Fuesera agree to the exclusive jurisdiction of the state and federal courts located in North Carolina, and you consent to venue there.
11. Changes to these Terms
Sway will grow, and these Terms may change with it. If we make a material change, we’ll let you know through the Service and, where appropriate, by email, before the change takes effect. The “Effective” date at the top of this page tells you which version is current. If you keep using Sway after a change takes effect, you’re agreeing to the updated Terms; if you don’t agree, you can delete your account.
12. General
These Terms, together with the policies they incorporate and our Privacy Policy, are the entire agreement between you and Fuesera regarding Sway. If any provision is found unenforceable, the rest stays in effect. Our not enforcing a provision on one occasion doesn’t waive our right to enforce it later. You can’t transfer your rights under these Terms without our consent; we may transfer ours in connection with a merger, acquisition, or sale of assets, or by operation of law.
13. Contact us
Fuesera LLC · North Carolina, USA · General & support: help@fuesera.com · Privacy & your data: privacy@fuesera.com