Terms of Service
Last updated — November 25, 2025
1. Legal Notice
swiplay.com is operated by a company registered in France (details being updated).
Headquarters: France
Contact: contact@swiplay.com
Hosting: Netcup GmbH, Daimlerstraße 25, D-76185 Karlsruhe, Germany
2. Purpose
Swiplay operates a B2B Marketplace connecting Studios (Clients) and Content Creators. Swiplay acts solely as a technical intermediary and a financial agent.
3. Payment Mandate and Disbursements
The Client expressly mandates Swiplay to collect funds intended for the media budget. These funds are collected by Swiplay in the name of and on behalf of the Client, in accordance with Article 267-II-2° of the French General Tax Code.
These funds are qualified as "disbursements" and do not constitute revenue for Swiplay.
4. Self-Billing Mandate
The Creator expressly mandates Swiplay to issue invoices in their name and on their behalf addressed to Clients, in accordance with Article 242 nonies A of Annex II to the French General Tax Code.
Tax ID Requirement: Creators must provide a valid tax identification number (VAT number, SIRET, or foreign equivalent) in their profile to request payouts.
The Creator retains full liability for their tax and social security obligations.
5. Financial Terms
Upfront Payment — Campaigns must be paid 100% in advance.
Service Fees — Swiplay charges a Service Fee/Commission. This commission is earned upon campaign launch and is non-refundable.
Creator Payouts — Payments to Creators are made via electronic transfer (PayPal, SEPA bank transfer, or other methods) as configured by the Creator in their profile.
6. Delivery and Auto-Validation
The Client has five (5) business days from the submission of content by the Creator to request revisions or reject the content via the platform.
Failure to respond within this timeframe constitutes tacit acceptance. Auto-validation triggers the irrevocable release of funds to the Creator.
7. Advertising Compliance
Creators must comply with applicable laws, including the French Law of June 9, 2023, and FTC Guidelines.
Creators MUST clearly disclose the commercial nature of the content (e.g., "Paid Partnership" label).
Swiplay reserves the right to block payment and ban any Creator who fails to comply with this legal obligation.
8. Liability
Swiplay acts as a trusted technical third party. Swiplay shall not be held liable for non-performance by the Creator or non-payment by the Client. In case of dispute, Swiplay may act as mediator without obligation of result.
9. Governing Law
These Terms are governed by French Law. Any dispute shall be subject to the exclusive jurisdiction of the competent French courts.