Last updated: August 10, 2026
These Terms of Service ("Terms") are a binding agreement between you and Swungo ("Swungo", "we", "us", "our"), the operator of the creator-analytics service at swungo.com (the "Service"). They also incorporate our Privacy Policy and DMCA Policy, and any Acceptable Use Policy or Refund & Cancellation Policy we publish, in each case to the extent posted on swungo.com; the core acceptable-use and refund rules are also stated directly in these Terms so they apply even where a separate page is not yet available. By creating an account, subscribing, or otherwise using the Service, you confirm you have read and agree to these Terms. If you do not agree, do not use the Service.
Swungo is a creator-analytics tool. We surface publicly available short-form video (Instagram Reels) together with performance signals — such as view velocity, engagement, and trending audio — and compute our own independent virality metrics, so creators can study which content formats are performing. The board is curated by Swungo and refreshed approximately every 48 hours; timing may vary and is not guaranteed. We collect only publicly available information and media and apply our own analysis to it. The free tier shows a limited preview (currently the top 5 reels); a paid subscription unlocks the full board, downloads for private reference, and any additional features described at checkout. We may add, change, or discontinue tiers and features at any time, subject to Section 4 for paid plans.
Swungo is an independent tool operated by Swungo. Swungo is not affiliated with, authorized by, endorsed by, or sponsored by Instagram, Meta Platforms, Inc., or any creator, brand, audio, or account referenced in the Service. "Instagram," "Reels," "Meta," and all other product names, logos, and trademarks are the property of their respective owners and are used for identification and descriptive purposes only; their use does not imply any endorsement or partnership.
You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and able to form a binding contract to use the Service. You agree to provide accurate registration information, to keep it current, and to maintain one account per person. You are responsible for safeguarding your credentials and for all activity under your account, and you agree to notify us promptly at [email protected] of any unauthorized use. We use bot-protection (Cloudflare Turnstile) and rate-limiting to protect accounts. We may refuse, suspend, or terminate accounts we reasonably believe are fraudulent, shared, automated, or used in breach of these Terms.
Paid plans are sold by Swungo and processed by our third-party payment provider, which acts solely as our payment processor. Our payment provider is not the seller or licensor of the Service. Depending on the method offered at checkout (card and/or crypto, as available), charges may appear on your statement under the billing descriptor shown to you at checkout. By starting a paid plan you expressly agree that: (a) your plan is a recurring subscription that automatically renews at the end of each billing period (as shown at checkout) at the then-current price; (b) we will charge your selected payment method at the start of each period until you cancel; and (c) the material terms — price, billing frequency, and that the plan auto-renews until cancelled — are disclosed to you at checkout before you provide payment details, and your purchase is your affirmative consent to those terms. We will give reasonable advance notice before any increase to your subscription price takes effect, and such increases apply only to periods after the notice. We never receive or store your full card number or equivalent payment credentials.
You can cancel at any time from your account settings or through the billing portal linked in your receipt and on your account page. Cancellation stops future renewals and takes effect at the end of the current billing period, after which you will not be charged again; you keep access until then. Cancelling does not, by itself, generate a refund for the current period. Except where a refund is required by applicable law (including mandatory EU/UK consumer rights) or expressly promised in our Refund & Cancellation Policy or at checkout, fees already paid are non-refundable. Because the Service provides immediate digital access, any statutory right of withdrawal may end once access begins and you acknowledge this where you request immediate access. Approved refunds are issued to your original payment method. If you believe you were charged in error, contact [email protected] first so we can resolve it directly; initiating a chargeback without contacting us may lead to suspension of your account under Section 11.
The Service — including its selection, arrangement, and compilation of content, its rankings, virality scores and computed metrics, its database, software, design, and branding — is owned by Swungo and protected by intellectual-property laws. Subject to these Terms and an active subscription (or the free tier), we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access the Service and to view and, where the feature is offered, download content solely for your own private creative research and inspiration. You obtain no ownership of the underlying third-party content, which remains the property of its respective owners, and no rights beyond those expressly granted here.
Swungo indexes publicly available Reels metadata — such as view counts, captions, audio details, and thumbnails — and may store a copy of a reel's video and thumbnail on private object storage (Cloudflare R2) so it can be shown to authenticated subscribers through short-lived, expiring (presigned) links. This media is not made publicly available, is not search-engine indexable, and is served only to signed-in users. We claim no ownership of any third-party creator content; all rights in that content remain with the respective creators and rightsholders. We respect intellectual-property rights and maintain a notice-and-takedown process. If you are a rightsholder or authorized agent and believe your work is shown without authorization, send a notice to our designated agent at [email protected] identifying the work and the specific reel. On a valid notice we will act expeditiously to remove or disable the item, or replace it with a link to the original, and we terminate the accounts of repeat infringers in appropriate circumstances. The full notice, counter-notice, and repeat-infringer procedure is set out in our DMCA Policy.
You agree to use the Service only for lawful purposes and for your own private research and inspiration, and to follow any Acceptable Use Policy we publish (which supplements, and does not replace, this Section). You may not: resell, redistribute, sublicense, or publicly republish content or metrics obtained through Swungo; scrape, crawl, harvest, or bulk-export the Service or its data; circumvent the paywall, our access controls, bot-protection, or the expiring links used to serve media; share, sell, or transfer credentials or access; reverse engineer, decompile, or attempt to derive source code except where such restriction is prohibited by law; upload malware or interfere with the Service's operation or security; or use the Service to harass others or for any unlawful or infringing purpose. Downloads, where offered, are for your private study only, and you are solely responsible for how you use any third-party content you access through the Service. Violating this Section is a material breach of these Terms.
ALL METRICS, RANKINGS, VIRALITY SCORES, VELOCITY FIGURES, AND TRENDING INDICATORS ARE SWUNGO'S OWN ESTIMATES DERIVED FROM PUBLICLY AVAILABLE DATA. THEY ARE NOT OFFICIAL INSTAGRAM OR META STATISTICS, ARE PROVIDED FOR INFORMATIONAL AND RESEARCH PURPOSES ONLY, MAY BE INACCURATE, INCOMPLETE, OR OUT OF DATE, AND ARE REFRESHED ONLY PERIODICALLY (APPROXIMATELY EVERY 48 HOURS). THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY OF ACCURACY, RELIABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. We do not promise or guarantee any particular result and make no representation that using Swungo will cause any video to perform, trend, or increase reach, followers, engagement, or revenue. You should not rely on the metrics as the sole basis for any business decision. Some jurisdictions do not allow certain warranty exclusions, so parts of this Section may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SWUNGO, ITS OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — including liability for fraud, for death or personal injury caused by negligence, and mandatory consumer rights in the EU and UK — and where such rights apply, the limitations above apply only to the extent permitted.
You agree to defend, indemnify, and hold harmless Swungo and its officers, employees, and service providers from any claims, damages, liabilities, and reasonable expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or third-party right, including any intellectual-property or privacy right. You may stop using the Service at any time by cancelling your subscription and, if you wish, deleting your account. We may suspend or terminate your access, with or without notice, for breach of these Terms, for non-payment or abusive chargeback activity, for repeat infringement, or where we reasonably believe continued access poses a legal or security risk. On termination your license ends and your access stops; we do not provide refunds for termination for cause except where required by law. Sections that by their nature should survive — including those on payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive termination.
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules (operator to confirm this matches its state of formation before launch). PLEASE READ THIS SECTION CAREFULLY. You and Swungo agree to resolve any dispute arising out of or relating to the Service or these Terms through final and binding individual arbitration administered by [arbitration administrator — e.g., AAA or JAMS — to be named before launch] under its then-current consumer rules, rather than in court, except that either party may (i) bring an individual claim in small-claims court and (ii) seek injunctive relief for intellectual-property misuse. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You may opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms; opting out does not affect the other Terms. If the class-action waiver is held unenforceable as to any claim, that claim proceeds in court and the rest of this Section still applies. Nothing here limits mandatory rights of consumers to bring claims in their local courts where such rights cannot be waived; if you are an EU/UK consumer, applicable mandatory law and forums prevail over this Section.
How we handle personal data is described in our Privacy Policy. In summary, we collect account data (email, display name, hashed password), subscription status, saved favorites, session tokens, and IP address (used for rate-limiting and security), and we do not sell personal data. We use trusted subprocessors to run the Service, including Cloudflare (CDN, R2 private object storage, and Turnstile bot-protection), Resend (transactional email such as verification codes and password resets), our payment provider (payments), and Hetzner (hosting on servers located in the EU/Germany). Because our providers and our team may operate across borders, your information may be processed in the United States and other countries; where required, appropriate safeguards apply. Please review the Privacy Policy for full details, your rights, and how to exercise them at [email protected].
We may update these Terms or the Service from time to time. If we make material changes we will notify you by email or through the Service, and your continued use after the changes take effect means you accept the updated Terms; if you do not agree, stop using the Service and cancel. We may add, modify, or discontinue features (including the approximately-48-hour refresh cadence and download availability) at any time, and we are not responsible for the availability of Instagram, external links, or changes in upstream public data. These Terms, together with the Privacy Policy, DMCA Policy, and any published Acceptable Use Policy or Refund & Cancellation Policy, are the entire agreement between you and us and supersede prior agreements on their subject matter. If any provision is held unenforceable, the rest remain in effect; our failure to enforce a provision is not a waiver; you may not assign these Terms, but we may assign them to a successor or affiliate; and neither party is liable for delays caused by events beyond its reasonable control. Notices to us, including legal notices, go to [email protected] (general), [email protected] (copyright), or [email protected] (data), or to Swungo's registered address once published.
More policies
This page is a plain-English summary of our policies and is provided for general information. Questions? Contact [email protected].