Sway Terms of Use

Last updated 11 November 2026. Effective when first published on the Sway website.

These terms are the agreement between you and us about playing Sway. We've kept them as short and plain as we can. Please read them, along with our privacy policy, which explains what Sway collects.

1. About these terms

Sway is made by Guilherme (William) Fernandes, a sole trader in Perth, Western Australia (ABN 70 457 001 033) ("we", "us"). You can reach us at [email protected]. By downloading or playing Sway you agree to these terms. If you don't agree, please don't play.

If you're under 18, please read these terms with a parent or carer, and only buy things in Sway with their permission.

On iPhone and iPad, Apple's Licensed Application End User License Agreement also applies to your copy of Sway. Where these terms give you more rights than Apple's agreement, these terms apply.

2. Your game

• This version of Sway has no accounts. Your game is saved on your device, and we don't hold a copy of it.
• Your progress is saved on your device. Deleting Sway or losing or resetting your device can lose your progress and consumable items, including purchased doubloons. Sway does not keep an online copy. A device backup may help you recover the save, but Sway cannot guarantee that a backup exists or restores successfully.
• Non-consumable purchases can be restored. Use Restore purchases in the Store with the Apple Account that bought them. This restores eligible permanent purchases, not spent doubloons, other consumable items or your level progress.
• Accounts and an online save come in a later update. We'll tell you in the game before that update changes anything.

3. What you may do with Sway

We give you a licence to download Sway and play it on devices you own or control. The licence is just for you: you can't sell it or pass it on.

You must not:

• cheat, or use bots, scripts, modified apps or any tool that changes how Sway works or gives you an advantage;
• deliberately use bugs to gain an advantage (please tell us about them instead);
• try to get into our services, or interfere with how they work;
• copy, sell or rent Sway, or take its code apart to see how it works, except as the law allows;

4. Playing with others

In this version you don't play with other people. The names you give your boat and your town stay on your device, and the Regatta's rivals are computer sailors (section 8). Playing with others comes in a later update, with its own rules, and these terms will change before it starts.

5. Doubloons and other items

• Doubloons (Sway's coins) and everything you get in the game, like boosters, lives, ship parts, postcards and town pieces, are part of the game. When you earn or buy them, you get a licence to use them in Sway. You don't own them as property.
• They have no value outside Sway. They can't be swapped for real money, sold, or moved to another device's game or another game. We won't buy items back, except where the law says we must.
• Nothing in Sway that you buy is left to chance. Every crate, bundle and prize shows exactly what's in it.
• We may change the prices of things inside the game, and how things are earned, to keep it fair and fun. We won't take away anything you've already unlocked, or reduce the doubloons you hold.
• Doubloons you buy never expire, and we never remove them because you haven't played for a while.
• Your game, including what you bought, is kept on your device (section 2).

When we take things away. We only take doubloons or items away if Apple refunds or reverses the purchase that paid for them, and we always tell you why.

6. Buying things

• Purchases are made through the App Store, under Apple's terms, and Apple takes the payment. If something you bought did not arrive, connect to the internet and reopen Sway so it can check for unfinished purchases. For an eligible permanent purchase, try Restore purchases in the Store. If it is still missing, contact us at [email protected] with the product name and Apple's receipt or order reference. We can investigate the problem and help you use Apple's refund process. Your rights under section 12 still apply.
• For purchases billed by Apple, request a refund at reportaproblem.apple.com. Apple assesses eligibility under its refund process. If you cannot request a refund there, contact Apple Support. You can also contact us at [email protected] about a faulty or missing purchase. Apple's process does not replace or limit your rights against us under the Australian Consumer Law (section 12).
• We do not offer a separate automatic change-of-mind refund or buy back unused doubloons. This does not limit refunds or other remedies required by law.
• If Apple refunds a purchase, the doubloons or items it paid for may be taken back, and we'll tell you in the game.
• Prices are shown by the store in Australian dollars and include GST.
• The Captain's Ticket opens the Captain's track of that month's Voyage Pass: extra rewards, 3 ship parts from the season, lives up to 8 and a gold trim on your flag, until the end of the calendar month you buy it in. Rewards you've already sailed past are paid at once. It doesn't renew by itself.
• Parents can approve or block purchases with Ask to Buy on iPhone and iPad.

7. Ads

Sway has no forced ads. Some buttons let you choose to watch a short video ad for a reward, which you get when the ad finishes. Ads come from Google AdMob under its own terms. We ask Google to show only ads rated G and not to personalise them. You never have to allow tracking to get a reward. If an ad seems wrong for Sway, tap the AdChoices icon on the ad to block it, or email us.

8. The Regatta

• In this version the only race is the Regatta, and every rival in it is a computer sailor with a name. The Regatta's info page says so.
• The Regatta is a game of skill played for in-game rewards only. It never pays out real money or real-world prizes, and it never costs real money to enter.
• You can switch the Regatta off in Settings.

9. Changes to Sway and to these terms

• Sway is a live game. We update it, and we may add, change or remove levels, events and features. We won't take away something you paid for before the end of the time you paid for (for example the Captain's Ticket in its month). If we ever have to, we'll refund it.
• If we change these terms in a way that reduces your rights or costs you more, we'll tell you in the game at least 14 days before the change starts, and why. Changes won't take back anything you've bought or unlocked. If you don't agree, you can stop playing. Before deleting the app, contact us with your receipt or order reference if the change affects a purchase. We will assess any refund or other remedy required by law; there is no three-month limit on your statutory rights.
• Online play is coming in an update, and these terms will change with it to cover accounts, names and playing with others. We'll tell you in the game before it starts.
• If we ever stop running Sway, we'll stop selling doubloons first, tell you at least 60 days before, and give refunds where the law requires.

10. Stopping playing

You can stop playing at any time by deleting Sway. In this version there is no account, so there is nothing for us to suspend or close.

11. Our game

Sway, its characters, art, music, words and code belong to us or the people who license them to us. Sway shows real Australian places and landmarks in its own art; this doesn't mean their owners endorse Sway. Please don't copy the game or its art. You're welcome to share screenshots, videos and streams of your own play, including on channels that earn money.

12. Your rights under the Australian Consumer Law

Nothing in these terms excludes, restricts or changes your rights under the Australian Consumer Law or any other law that protects you and can't be excluded.

The law provides consumer guarantees for goods and services, including guarantees about quality and fitness for purpose. Depending on the problem, you may be entitled to a repair, replacement, refund, cancellation or compensation. A major failure can give you the right to reject goods or cancel a service; other failures must be remedied within a reasonable time.

Contact us at [email protected] with the product name, purchase date, receipt or order reference and a description of the problem. We assess claims under the law, without imposing a fixed claim deadline that cuts down your rights. Apple's refund process is also available (section 6). These terms explain your statutory rights; they do not offer a separate manufacturer's warranty or warranty against defects.

13. Our responsibility

We work hard to keep Sway running and your game safe, but we can't promise it will always be available or free of bugs. Apart from your rights in section 12, we aren't responsible for loss we couldn't reasonably have foreseen, or loss caused by your device, your internet connection, or things outside our reasonable control.

14. The law that applies

These terms follow the law of Western Australia. If we have a disagreement, please email us first so we can try to fix it. If we can't, you can bring a claim in the courts of Western Australia or of the place where you live, and you can also go to your local consumer protection agency. Nothing in these terms limits rights you have under the consumer laws where you live.

15. Contact

Guilherme (William) Fernandes, ABN 70 457 001 033, Perth, Western Australia. Email: [email protected]. Website: playswaygame.com.