General Terms and Conditions

These are the General Terms and Conditions of Swat.io GmbH for the platform thestory.run (the “GTC”). How personal data is processed on your organisation’s behalf is governed by the Data Processing Agreement; how we handle data generally is in the Privacy Policy.

This English version is the binding one (clause 17.5). The German version is provided for information.

1. Scope

1.1 Swat.io GmbH, registered in the commercial register of the Commercial Court of Vienna under FN 348798 p (“Swat.io”), operates the platform available at thestory.run (the “Platform”) together with the associated website (the “Website”). These GTC apply, in the version valid at the time the contract is concluded, to the use of the Platform by the customer (the “Customer”; together with Swat.io the “Parties”). Other products and services of Swat.io are governed by the terms agreed for them.

1.2 These GTC are binding for the entire present and future business relationship between the Parties in respect of the Platform, even where they are not expressly referred to. Deviating, supplementary or conflicting terms of the Customer apply only if Swat.io agrees to them in writing.

1.3 Swat.io may amend these GTC at any time without stating reasons. Amendments are published on the Website at least 30 days before they take effect and sent to the Customer’s last-notified email address. If the Customer does not object in writing by email to legal@swat.io within 30 days of receipt, the amendments are deemed accepted. On a timely objection the previous version continues to apply to that Customer; in that case Swat.io is entitled to terminate the contract without stating reasons on 14 days’ notice to the end of the month.

1.4 Swat.io provides its services exclusively to customers acting for purposes attributable to their commercial, business, craft or professional activity. Conclusion of a contract with consumers is excluded. The Customer confirms this on conclusion of the contract; if the opposite turns out to be the case, Swat.io is entitled to terminate the contract with immediate effect.

2. Subject matter of the contract

2.1 The Platform is a web application that supports users in writing their own posts for professional social networks. It comprises in particular dialogue-based, AI-supported assistance with writing, functions for coordination within teams, and optionally the publication of posts on LinkedIn.

2.2 The scope of functions follows from the description published on the Website at the relevant time. Swat.io does not promise any particular scope of functions and may further develop, change or discontinue functions.

2.3 The Platform is offered in a free and a paid variant. Which scope of use is free follows from the service description published on the Website. The limits of free use apply per organisation. The fees for paid use are governed by clause 10.

2.4 Swat.io may change, restrict or discontinue free use at any time, giving at least 30 days’ notice.

2.5 Free use is intended for ordinary use by the registered persons. Swat.io may set usage limits for this purpose and publish them on the Website.

2.6 If use significantly or persistently exceeds those limits, if it is automated, or if it causes disproportionately high costs in relation to ordinary use, Swat.io may throttle or suspend use, make further use conditional on a switch to paid use, or terminate the contract on 14 days’ notice. Swat.io informs the Customer in advance where this is possible in the circumstances.

3. Conclusion of the contract

3.1 The contract is concluded via the Website.

3.2 Prices, descriptions, the presentation in the ordering process and Swat.io’s promotional communications are non-binding and merely constitute an invitation to place an order.

3.3 In the ordering process the Customer states the company for which it is concluding the contract and expressly confirms that it is acting in the exercise of its commercial or professional activity and is authorised to represent that company.

3.4 By submitting the order the Customer makes a binding offer. The contract comes into existence upon notification that access to the Platform has been activated.

4. Rights of use

4.1 For the term of the contract the Customer is entitled to use the Platform worldwide as software as a service for its own purposes.

4.2 The right to sub-license, the right to modify, and any right of exploitation are excluded.

4.3 The Customer does not disclose to third parties any non-publicly available information about the Platform, in particular concerning how it works and how it is structured.

5. Obligations of the Customer

5.1 Use of the Platform requires an up-to-date web browser. Limitations attributable to outdated or unsupported software of the Customer do not constitute a defect.

5.2 The Customer uses the Platform exclusively as intended and refrains from acts that could harm Swat.io or restrict the availability of the Platform for other users.

5.3 The Customer ensures that no content is created or published via the Platform that infringes applicable law, the rights of third parties, or the policies of the social networks used. Prohibited in particular is content that:

• impersonates another person or organisation;
• contains misleading statements of fact;
• disseminates politically extreme or ideologically questionable views, or constitutes fake news;
• serves unsolicited bulk communication;
• promotes violence, harassment, hatred, exploitation or violent organisations; or
• has as its subject matter sexual depictions, or dangerous or fraudulent goods or activities.

5.4 The Customer does not remove, alter or circumvent any legally required labelling of AI-generated content.

5.5 Access to the Platform is personal and intended exclusively for use by the respective registered natural person. Passing on access credentials and the shared use of one access by several persons are prohibited; this applies also in relation to the Customer’s service providers, agencies and freelancers. The Customer is responsible for all acts carried out via the accesses attributed to it.

5.6 The Customer as a legal entity counts as one organisation, irrespective of how many accounts the use is spread across. The Customer does not create additional accounts and does not use any other arrangement in order to circumvent the limits of free use. At Swat.io’s request the Customer states which organisation it acts for and which further accounts are attributable to that organisation.

5.7 Swat.io may consider accounts attributable to the same organisation together. Where the limits of free use have been circumvented across several accounts, Swat.io may merge the accounts concerned, make further use conditional on a switch to paid use, and charge the fee for the use already made in accordance with the applicable price list.

5.8 The Customer indemnifies and holds Swat.io harmless against damage resulting from a breach of the Customer’s or its users’ obligations under this clause 5.

6. AI-supported functions

6.1 The Platform uses large language models for the coaching function and for further functions (the “AI Functions”). The providers used are identified in the Data Processing Agreement.

6.2 Swat.io gives no warranty as to the accuracy, completeness, currency or suitability of the results generated by the AI Functions. These may be incorrect or inappropriate and do not constitute advice.

6.3 The Customer reviews the results of the AI Functions before using or publishing them. Responsibility for published content lies with the Customer, irrespective of whether and to what extent it was created with the support of the AI Functions.

6.4 Swat.io labels content created predominantly or entirely by AI Functions to the extent required by law. Swat.io does not use the Customer’s content to train AI models and ensures contractually that the providers used do not do so either.

7. Connection with social networks

7.1 The user may optionally connect social network accounts with the Platform and may disconnect them again at any time.

7.2 Publication on social networks takes place exclusively on the express instruction of the respective user.

7.3 The terms of use and policies of LinkedIn apply additionally to the use of social networks. Compliance with them is the responsibility of the Customer and the respective user.

7.4 The publishing function depends on the technical access possibilities offered by social networks, over which Swat.io has no influence. Swat.io gives no warranty that the connection will be established, will remain in place, or will be available to an unchanged extent. Restrictions, blocks or terminations of access by LinkedIn give rise to no claims against Swat.io.

7.5 Swat.io may discontinue the connection to social networks where this is necessary for legal or technical reasons or on account of requirements imposed by social networks.

8. Content and rights in it

8.1 All content contributed by the Customer and its users, and created via the Platform (the “Customer Content”), remains with the Customer. Swat.io acquires no rights in it going beyond the performance of the contractual services.

8.2 The Customer grants Swat.io the non-exclusive right, limited to the term of the contract, to store, process and transmit the Customer Content insofar as this is necessary to perform the services.

8.3 The Customer warrants that it holds the necessary rights in the Customer Content and that its use via the Platform infringes no rights of third parties.

8.4 Swat.io does not use Customer Content for its own purposes, in particular not for marketing or reference purposes.

8.5 Swat.io is entitled to name the Customer as a reference customer, stating its name and logo, in particular on the Website and in sales materials. The Customer may object at any time without stating reasons by email to lab@swat.io; Swat.io then discontinues the naming within a reasonable period. The right exists for the duration of the contractual relationship; materials already produced may be used up.

9. Data protection

The processing of personal data by Swat.io as the Customer’s processor takes place on the basis of the Data Processing Agreement, available at thestory.run/dpa. The Customer agrees to its application.

10. Fees and taxes

10.1 For paid use the Customer owes the fee resulting from the package chosen by the Customer and the price list published on the Website. The billing model, the billing period and the due date likewise follow from these.

10.2 All prices are net, plus value added tax. For services supplied to entrepreneurs established in an EU member state other than Austria, billing is carried out under the reverse charge procedure, provided the Customer supplies a valid VAT identification number. Other taxes, levies and withholding taxes arising outside Austria are borne by the Customer.

10.3 Billing takes place according to the billing model stated for the chosen package, through the payment service provider engaged by Swat.io, using the payment method stored by the Customer.

10.4 Swat.io is entitled to adjust prices once per calendar year in line with the change in the Consumer Price Index published by Statistics Austria. If that index ceases to apply, the index replacing it applies. The basis for the first adjustment is the index value for the month of September 2026, and for each further adjustment the index value on which the last adjustment was based. The adjustment is notified to the Customer by email at least 30 days before it takes effect; there is no right of objection in this respect.

10.5 Changes to prices or to the billing model going beyond this are notified by Swat.io to the Customer by email at least 30 days before they take effect. A changed price applies from the beginning of the Customer’s next billing period after it takes effect; the billing period running at that time is billed at the previous price. If the Customer does not object within 30 days of receipt, the changes are deemed accepted. On a timely objection either Party may terminate the contract with effect from the date the change takes effect.

10.6 In the event of late payment Swat.io may charge default interest of 9.2 percentage points above the base rate from the due date, and may suspend the paid functions until payment has been received in full.

10.7 Coaching sessions purchased in advance are paid for at the price in force at the time of purchase. A subsequent price change does not affect sessions already purchased, and they are not subject to any expiry period. Where the Customer moves from usage-based billing to purchasing in advance, the price in force at the time of that purchase applies.

11. Warranty

11.1 In the event of malfunctions Swat.io endeavours to remedy the fault within a reasonable period or to provide a workaround. Swat.io gives no warranty for any particular functionality or any particular scope of functions.

11.2 Use of the Platform depends on the technical access possibilities offered by social networks and by the third-party services used. Swat.io has no influence over these and gives no warranty that the integration of particular services is or remains possible.

11.3 Swat.io does not promise any particular availability of the Platform. Claims for price reduction or damages on account of unavailability do not exist. This applies in particular to free use and to functions designated as a preview, beta or early access.

11.4 Swat.io gives no warranty as to the legal permissibility of the Customer’s use of the Platform, in particular under data protection, employment, administrative, competition and intellectual property law. Assessing this is the Customer’s responsibility.

12. Liability

12.1 Swat.io is liable only for damage caused by gross negligence or intent. Liability for slight negligence is excluded, with the exception of personal injury. The burden of proving that damage was caused by gross negligence or intent lies with the Customer.

12.2 Swat.io is not liable for damage and delays resulting from force majeure, labour disputes, natural disasters or other circumstances outside Swat.io’s control.

12.3 Claims for damages by the Customer become time-barred six months after knowledge of the damage and of the party causing it.

12.4 The liability provisions of this clause 12 apply also to the Data Processing Agreement.

13. Third-party services

Swat.io is entitled to perform the service itself or to make use of third parties in doing so.

14. Sanctions and export control

14.1 The Customer warrants that neither it nor the users acting for it are listed on a sanctions list of the European Union, the United States or the United Nations, and that use of the Platform does not infringe applicable sanctions or export control provisions.

14.2 If this warranty proves to be incorrect or becomes incorrect, Swat.io is entitled to block access and to terminate the contract with immediate effect.

15. Term and termination

15.1 The contract is concluded for an indefinite period.

15.2 Unless a minimum term is agreed for the chosen package, the Customer may terminate the contract at any time without notice via its user account. Fees already incurred remain due for payment.

15.3 Swat.io may terminate the contract on 30 days’ notice to the end of the month.

15.4 Both Parties may dissolve the contract for good cause with immediate effect. For Swat.io, good cause exists in particular where:

• the Customer persistently breaches material provisions of these GTC, in particular clauses 5.3 to 5.7;
• the Customer is in default of payment despite a grace period of 14 days;
• the Customer breaches the policies of the social networks used via the Platform;
• the Customer’s economic capacity deteriorates severely, or insolvency proceedings against it are dismissed for lack of assets;
• the Customer objects to the engagement of a further processor; or
• Swat.io discontinues operation of the Platform.

15.5 Swat.io may refuse customers or terminate the contract where the contractual relationship is liable to damage Swat.io’s reputation, in particular in the case of extremist groupings and violent organisations.

15.6 After termination of the contract Swat.io stores the Customer Content for a further 30 days so that the Customer can export it. It is deleted thereafter. The Customer may request immediate deletion at any time.

16. Data export

16.1 The Customer may export the Customer Content via the Platform in a common, machine-readable format during the term of the contract and within the period under clause 15.6.

16.2 Swat.io supports the Customer to the extent required by law in a change to another provider.

17. Final provisions

17.1 These GTC, the contract and the Data Processing Agreement are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.

17.2 For all disputes, the exclusive jurisdiction of the court with subject-matter jurisdiction at Swat.io’s registered office is agreed. Swat.io is additionally entitled to sue the Customer at the Customer’s general place of jurisdiction.

17.3 For declarations under these GTC and all related contracts, communication by email is deemed to be in writing within the meaning of section 886 of the Austrian Civil Code (ABGB), even without a qualified electronic signature.

17.4 Should a provision of these GTC be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by a valid provision that comes closest to its economic purpose.

17.5 These GTC are provided in English and German. Only the English version is binding; the German version is provided for information.

Provider and contact

Swat.io GmbH: questions about these GTC to legal@swat.io, company details at swat.io/en/imprint.