Legal & Policies

ACCEPTABLE USE POLICY

SWFNY Studios, LLC

Version 1.0 | Effective Date: [INSERT DATE] | Confidential Working Draft

This Acceptable Use Policy governs all conduct on the SWFNY Studios platform. It applies to every User — photographers, models, stylists, brands, agencies, and all other registered and unregistered visitors. Violation of this Policy may result in content removal, account suspension, or permanent termination, as described herein.

TABLE OF CONTENTS

SECTION 1. PURPOSE, SCOPE, AND INCORPORATION

1.1 Purpose.

This Acceptable Use Policy ("Policy" or "AUP") is issued by SWFNY Studios, LLC, a limited liability company organized under the laws of the State of New York ("Company," "we," "us," or "our"). The purpose of this Policy is to establish clear, enforceable standards governing the conduct of all persons who access or use the SWFNY Studios platform — including its mobile application, web-based interface, Marketplace, messaging system, content hosting environment, and all related services (collectively, the "Platform") — and to protect the safety, integrity, intellectual property rights, and professional reputations of all Platform participants.

1.2 Scope of Application.

This Policy applies to: (a) all registered Account holders, regardless of account type (Photographer, Model, Stylist, Brand, or Agency); (b) unregistered visitors who access any publicly accessible portion of the Platform; (c) business entities and their authorized representatives who use the Platform in any capacity; and (d) any third party who submits content to or interacts with the Platform through an integrated third-party service or API. This Policy applies to all conduct occurring through or in connection with the Platform, whether originating on or off the Platform, where such conduct has a direct and material effect on the Platform or its users.

1.3 Incorporation by Reference.

This Policy is incorporated into and made a part of the Company's Terms of Service, End User License Agreement, and all applicable Platform Policies. Capitalized terms used but not defined in this Policy have the meanings ascribed to them in the Terms of Service. In the event of a conflict between this Policy and the Terms of Service, the Terms of Service shall control. This Policy should be read in conjunction with the Community Guidelines, which address tone and interpersonal conduct, and the DMCA and Copyright Policy, which specifically governs intellectual property infringement.

1.4 Policy Updates.

The Company reserves the right to modify this Policy at any time in its sole discretion. Material modifications will be communicated to registered Users via email notification or in-platform notice, with at least fourteen (14) days' advance notice where commercially practicable. Continued use of the Platform following the effective date of any modification constitutes acceptance of the revised Policy. Users who do not agree to a modified Policy must discontinue use of the Platform.

SECTION 2. DEFINITIONS

As used in this Policy, the following terms have the meanings set forth below. Additional defined terms may be introduced in context.

"Account" means a registered user profile on the Platform, including all associated credentials, content, and activity.

"Booking" means a confirmed engagement between a Client User and a Talent User arranged through the Platform's Marketplace.

"Harmful Content" means any User Content or conduct that poses a risk of physical, psychological, reputational, or financial harm to any individual, group, or the Company, as further described in Section 4.

"Marketplace" means the Platform's integrated service through which Client Users may discover, communicate with, and transact with Talent Users for creative services.

"Platform" means the SWFNY Studios mobile application, web platform, Marketplace, messaging system, content hosting environment, and all related services.

"Prohibited Conduct" means any act, omission, or course of conduct that violates this Policy, including the specific prohibitions enumerated in Sections 4 through 9.

"Suspension" means temporary restriction of a User's access to all or part of the Platform pending investigation or resolution of a compliance matter.

"Termination" means permanent deactivation of a User's Account and revocation of all Platform access rights.

"User" means any individual or entity that accesses or uses the Platform, whether registered or unregistered.

"User Content" means any content, photographs, images, videos, text, messages, profiles, portfolios, reviews, ratings, and other materials uploaded, submitted, transmitted, or otherwise made available by a User on or through the Platform.

"Violation" means any act or omission by a User that constitutes a breach of this Policy or any applicable Platform Policy.

SECTION 3. GENERAL CONDUCT STANDARDS

3.1 Professional Standards.

All Users are expected to conduct themselves in a professional and respectful manner in all interactions on the Platform. The Platform serves photographers, models, stylists, brands, and agencies who depend on the Platform for their professional livelihoods and reputations. Users must at all times: (a) represent their skills, credentials, availability, and services accurately and honestly; (b) communicate respectfully and professionally with other Users in all Platform interactions, including messages, booking requests, reviews, and comments; (c) honor commitments and contractual obligations entered into through the Platform, including confirmed Bookings and agreed deliverables; and (d) comply with all applicable laws and regulations governing their professional activities on the Platform.

3.2 Accuracy of Information.

Users must provide accurate, current, and truthful information in all Account profiles, portfolio submissions, Booking proposals, and communications. The following specific misrepresentations are prohibited: (a) falsely claiming professional credentials, licenses, awards, or affiliations; (b) using photographs of another person as your profile image without that person's consent; (c) misrepresenting physical attributes, portfolio quality, or availability in a manner intended to induce a Booking; (d) claiming to be a representative of a brand, agency, or organization without authority to do so; and (e) creating a profile intended to impersonate or deceive other Users regarding the identity or qualifications of the Account holder.

3.3 Lawful Use Only.

Users may use the Platform only for lawful purposes and in accordance with all applicable federal, state, local, and international laws and regulations. The Platform may not be used in connection with any illegal scheme, fraudulent enterprise, or activity that violates applicable professional licensing laws, consumer protection laws, intellectual property laws, privacy laws, data protection laws, employment laws, anti-money laundering laws, or any other applicable legal requirement.

3.4 Responsibility for User Content.

Each User is solely responsible for all User Content they upload, transmit, or make available through the Platform. The Company does not pre-screen User Content and makes no representations regarding its accuracy, legality, or appropriateness. By submitting User Content, you represent and warrant that: (a) you own or have the right to share the content; (b) the content does not violate any applicable law or the rights of any third party; (c) you have obtained all necessary releases, consents, and permissions for any individuals or property depicted in the content; and (d) the content complies with this Policy and all Platform Policies.

SECTION 4. PROHIBITED CONTENT

The following categories of content are strictly prohibited on the Platform. No User may upload, post, transmit, share, display, or otherwise make available any content that falls within any of the categories described in this Section 4. These prohibitions apply to all Platform areas, including profiles, portfolios, messages, comments, reviews, Booking descriptions, and any other content submission mechanism.

4.1 ILLEGAL AND HARMFUL CONTENT

The following content is prohibited on grounds of illegality or direct harm:

(a) Content that depicts, describes, promotes, glorifies, or facilitates any criminal act, including assault, theft, fraud, extortion, kidnapping, human trafficking, forced labor, or any other violent or coercive conduct;

(b) Content that constitutes or facilitates child sexual abuse material ("CSAM") or any other content that sexualizes, exploits, or endangers minors in any manner. Any such content will be reported to the National Center for Missing and Exploited Children (NCMEC) and relevant law enforcement authorities immediately upon discovery;

(c) Content that is designed to facilitate, promote, or support terrorism, mass violence, genocide, or attacks on critical infrastructure;

(d) Content that contains detailed instructions for the manufacture, acquisition, or deployment of weapons capable of causing mass casualties, including firearms manufactured in violation of applicable law, explosive devices, or chemical, biological, radiological, or nuclear materials;

(e) Content that violates any applicable obscenity law, including content meeting the legal standard for obscenity under Miller v. California, 413 U.S. 15 (1973), or its equivalent under applicable law;

(f) Content that constitutes an unauthorized disclosure of another person's private, sensitive, or intimate images without that person's consent ("non-consensual intimate imagery" or "revenge porn"), including images obtained lawfully but distributed without the subject's authorization in a manner that causes harm; and

(g) Content that violates any court order, injunction, or applicable legal prohibition directed at the User or the specific content.

4.2 CONTENT INVOLVING MINORS

The following content involving minors (persons under the age of 18) is prohibited:

(a) Any sexually suggestive, sexually explicit, or nude content depicting or involving any person who is or appears to be under the age of 18, regardless of whether such content is labeled as fictional, artistic, or stylistic;

(b) Portfolio content or casting calls requesting nude, semi-nude, or provocative images of persons who are or appear to be under 18, even where framed as "artistic" or "editorial";

(c) Any content that facilitates or appears to facilitate unsupervised one-on-one engagement between an adult and a minor in connection with a modeling, photography, or creative engagement;

(d) Any content that suggests or implies that a depicted individual is a minor while being used for mature, adult-themed, or sexually suggestive purposes; and

(e) Booking requests, communications, or proposals directed at recruiting or engaging minors for Platform engagements without verified parental or guardian authorization, as required by applicable law.

🔍 [ATTORNEY REVIEW RECOMMENDED: Federal law, 18 U.S.C. § 2257, requires producers of sexually explicit content to maintain records verifying that performers are adults. California Labor Code §§ 1308 and 1308.5 impose specific restrictions on the employment of minors in the entertainment industry. New York's Child Performer Education and Trust Act (N.Y. Arts & Cultural Aff. Law §§ 35.01–35.05) also applies. Any feature of the Platform that facilitates the booking of minor talent must be designed and operated in strict compliance with applicable state and federal child labor and entertainment law.]

4.3 DEFAMATORY, HARASSING, AND ABUSIVE CONTENT

The following conduct and content are prohibited as harmful to individuals and the Platform community:

(a) Content that is defamatory, meaning false statements of fact presented as true and communicated to third parties that damage another person's reputation, including false negative reviews, false professional allegations, or fabricated accusations;

(b) Content that constitutes harassment, meaning a course of conduct directed at a specific individual that a reasonable person would regard as alarming, distressing, or threatening, including repeated unwanted communications, targeted negative posts, or coordinated campaigns intended to harm a User's professional standing;

(c) Content that threatens, intimidates, or incites violence against any person, including threats communicated through private messages, Booking proposals, reviews, or any other Platform mechanism;

(d) Content that constitutes hate speech, meaning content that dehumanizes, degrades, or advocates discrimination against individuals or groups on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic under applicable law;

(e) Content that is designed to "dox" another person, meaning to research and publicly expose private personal information — including home addresses, telephone numbers, financial information, or family details — without that person's consent; and

(f) Coordinated harassment campaigns, including the solicitation of other Users or third parties to direct negative attention toward a specific User.

4.4 INTELLECTUAL PROPERTY VIOLATIONS

The following conduct constitutes a prohibited intellectual property Violation:

(a) Uploading, posting, or sharing any content — including photographs, images, videos, text, music, graphics, or software — that infringes any third party's copyright, trademark, trade secret, patent, or other Intellectual Property Right, without a license, consent, or applicable fair use or fair dealing defense;

(b) Removing, altering, or concealing any copyright management information, watermarks, credits, or other ownership identifiers embedded in or associated with a photographic work or other creative content;

(c) Using another photographer's images as your own portfolio, whether in whole or in part, without express written permission;

(d) Reproducing, publicly displaying, distributing, or creating derivative works from User Content belonging to another User without that User's written authorization;

(e) Using the Platform to distribute, sell, license, or sublicense User Content in a manner that exceeds the scope of rights obtained in connection with a Booking or content license agreement; and

(f) Uploading User Content that incorporates third-party materials — including background music, branded products, artwork, or architectural elements — without appropriate clearances, model releases, or property releases where required.

4.5 PRIVACY VIOLATIONS

The following conduct constitutes a prohibited privacy Violation:

(a) Collecting, harvesting, or storing personal information about other Users without their express, informed consent;

(b) Disclosing another person's private, personal, or sensitive information — including home address, phone number, financial details, medical information, or immigration status — without that person's consent;

(c) Recording, photographing, or filming another person in a private setting without that person's knowledge and consent;

(d) Using personal information obtained through the Platform to contact Users outside the Platform for unsolicited commercial or personal purposes;

(e) Disclosing the contents of private messages between Users without the consent of all parties to the communication, except as required by applicable law; and

(f) Using the Platform to facilitate stalking, unwanted surveillance, or any form of monitoring of another person's movements, activities, or communications without consent.

4.6 SPAM, FRAUD, AND DECEPTIVE CONDUCT

The following conduct constitutes a prohibited fraudulent or deceptive Violation:

(a) Transmitting unsolicited bulk messages, commercial solicitations, or promotional content to other Users through any Platform communication channel, including direct messages, Booking proposals, and review responses;

(b) Creating fake, duplicate, or otherwise inauthentic Accounts for any purpose, including evading a Suspension or Termination, gaming Platform algorithms, or artificially inflating follower or review counts;

(c) Submitting false, misleading, or fabricated reviews, ratings, or testimonials, whether positive reviews of one's own services or negative reviews of competitors;

(d) Operating fake or fictitious brand, agency, or talent profiles for any purpose, including aggregating followers, testing Platform features outside designated test environments, or misleading other Users;

(e) Using Platform features to solicit or collect payments outside of the Platform's payment system in circumvention of applicable Marketplace fees;

(f) Misrepresenting the nature, scope, quality, or terms of any service offered or provided through the Platform in a manner likely to deceive or mislead other Users;

(g) Submitting fraudulent Booking requests, fabricated invoices, or false chargeback or dispute claims; and

(h) Using deceptive technical means — including click-fraud, ad-fraud, search result manipulation, or fake engagement — to distort any Platform metric, ranking, or recommendation system.

4.7 TECHNICAL VIOLATIONS

The following technical conduct is prohibited:

(a) Accessing, probing, scanning, or testing the vulnerability of the Platform or any associated network, system, or database without express written authorization from the Company;

(b) Attempting to bypass, circumvent, or defeat any authentication, access control, encryption, or security measure implemented by the Company;

(c) Introducing, uploading, or transmitting any malware, virus, ransomware, spyware, Trojan horse, worm, logic bomb, or any other malicious or disruptive code to or through the Platform;

(d) Using automated means — including bots, scrapers, crawlers, spiders, web mining tools, or automated scripts — to access, collect data from, or interact with the Platform without prior written authorization from the Company;

(e) Engaging in denial-of-service or distributed denial-of-service attacks against the Platform or any component of the Platform's infrastructure;

(f) Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, architecture, or proprietary algorithms of the Platform without prior written authorization;

(g) Accessing the Platform through any automated means in a manner that imposes an unreasonable or disproportionate load on Platform infrastructure;

(h) Injecting unauthorized content or code into Platform pages or interfaces through any means, including cross-site scripting, SQL injection, or similar techniques; and

(i) Attempting to access any Account, data, or feature that you are not authorized to access, including another User's private messages, unpublished drafts, or payment information.

4.8 COMMERCIAL AND MARKETPLACE VIOLATIONS

The following commercial conduct is prohibited:

(a) Circumventing the Platform's Marketplace payment system by soliciting, accepting, or facilitating payment for Platform-introduced engagements outside the Platform during any Booking period or within twelve (12) months following the last Platform-facilitated introduction between the relevant parties;

(b) Offering, soliciting, accepting, or facilitating payments, gifts, or other consideration in exchange for positive reviews, elevated search placement, or any other manipulation of Platform ranking or recommendation systems;

(c) Using the Platform to market or offer services that compete directly with the Platform itself, or to recruit Platform Users to competing platforms through direct solicitation;

(d) Presenting third-party work — including photographs taken or styled by another party — as your own for the purpose of soliciting Bookings or establishing professional credibility;

(e) Artificially inflating a portfolio's apparent quality or diversity through the use of AI-generated images, stock photography, or other content that misrepresents the User's actual capabilities;

(f) Creating or operating multiple Accounts to circumvent Platform limits on free features, evade enforcement actions, or obtain an unfair competitive advantage; and

(g) Using the Platform's Marketplace to facilitate transactions for services that are illegal, unregulated in violation of applicable professional licensing law, or outside the scope of the creative and fashion industry services for which the Platform is designed.

4.9 ADULT CONTENT STANDARDS

The Platform serves professional creative industry participants and maintains the following content standards with respect to adult content:

(a) Nudity and sexually explicit content are not permitted in standard portfolio listings, public profiles, or Marketplace communications unless the Company has expressly designated a specific Account or Platform feature for such content and the User has been verified as an adult and has obtained all applicable statutory record-keeping documentation;

(b) Where the Company expressly permits adult content in designated Platform areas, all such content must: (i) feature only individuals who are 18 years of age or older; (ii) be accompanied by documentation required under 18 U.S.C. § 2257 and associated regulations, maintained by the applicable content producer; (iii) not depict simulated non-consensual sexual acts without appropriate content warnings; and (iv) comply with all applicable obscenity laws;

(c) Suggestive editorial content that does not depict nudity or explicit acts — including lingerie, swimwear, fine art nude, and fashion editorial content — is permitted in professional portfolio contexts provided it is accurately categorized and does not involve minors; and

(d) Any content involving sexual conduct must include verified proof of age documentation for all depicted individuals, maintained in accordance with 18 U.S.C. § 2257 record-keeping requirements by the applicable content producer.

🔍 [ATTORNEY REVIEW RECOMMENDED: 18 U.S.C. § 2257 and 28 C.F.R. Part 75 impose mandatory record-keeping and labeling requirements on producers of sexually explicit content, including requirements to maintain proof-of-age documentation for all performers and to provide inspection access to such records upon regulatory demand. The Company must determine whether it constitutes a "primary producer" or "secondary producer" under § 2257 with respect to any adult content hosted on the Platform and must implement compliance infrastructure accordingly prior to enabling any adult content features. Failure to comply with § 2257 is a federal criminal offense. This is a high-priority legal compliance matter requiring dedicated legal counsel before any adult content features are activated.]

SECTION 5. PROHIBITED INTERACTIONS WITH OTHER USERS

5.1 Messaging and Communications.

All communications between Users through the Platform's messaging system, including direct messages, Booking proposal messages, and review responses, must comply with this Policy. The following communications are prohibited: (a) unsolicited commercial solicitations, promotional messages, or marketing communications to Users who have not initiated contact or expressed interest in the User's services; (b) sexually explicit or sexually suggestive messages sent without the express prior consent of the recipient, including in the context of a creative engagement; (c) threatening, coercive, or intimidating messages, including demands for payment beyond agreed Booking terms under threat of negative consequences; (d) messages containing personal insults, derogatory language, or content that a reasonable person would regard as grossly offensive; and (e) messages designed to manipulate another User into a transaction or conduct that violates this Policy or applicable law.

5.2 Booking Conduct.

In connection with any Booking, the following conduct is prohibited: (a) requesting services or conduct from a Talent User that are not described in or reasonably implied by the agreed Booking scope, particularly requests of a personal, sexual, or otherwise inappropriate nature; (b) making unilateral changes to agreed Booking terms — including location, scope, compensation, or deliverable specifications — without mutual written agreement through the Platform; (c) failing to appear for or canceling a confirmed Booking without adequate notice and in violation of the applicable cancellation policy; (d) using Booking communications to solicit or arrange off-Platform transactions in violation of Section 4.8(a); and (e) submitting false or misleading reports about another User's conduct or performance in connection with a Booking.

5.3 Review and Rating Conduct.

The Platform's review and rating system is intended to provide honest, good-faith assessments of professional conduct and service quality. The following conduct in connection with reviews and ratings is prohibited: (a) submitting a review containing knowingly false statements of fact; (b) submitting a review in retaliation for a negative review, a dispute, or any other adverse action by the reviewed party; (c) conditioning a positive review on the payment of additional compensation or any other benefit; (d) soliciting or coercing another User to modify, retract, or refrain from submitting a review; (e) submitting multiple reviews of the same engagement through different Accounts; and (f) using the review system to publish content that would otherwise violate this Policy, including defamatory, harassing, or discriminatory content disguised as a review.

5.4 Discriminatory Conduct.

Users may not refuse to engage, provide services to, or transact with any other User on the basis of race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other characteristic protected under applicable federal, state, or local law. Booking refusals must be based solely on legitimate professional considerations, including scheduling conflicts, scope incompatibility, rate disagreements, or demonstrated prior misconduct.

SECTION 6. PORTFOLIO AND IMAGE STANDARDS

6.1 Authenticity Requirement.

All images and media uploaded to a User's portfolio must be: (a) work created by or properly licensed to the User for portfolio display purposes; (b) accurately categorized by the type of work depicted (e.g., editorial, commercial, fine art, personal project); (c) accompanied by required releases for individuals or private property depicted, where applicable; and (d) reflective of the User's actual current or historical capabilities and style. Users may not represent AI-generated imagery, stock photography, or work created by another party as their own original work without clear and prominent disclosure.

6.2 Image Release Requirements.

Photographers, models, and other Talent Users who upload images depicting identifiable individuals are responsible for: (a) obtaining signed model releases from all identifiable adult individuals depicted; (b) obtaining signed parental or guardian releases for any minor individuals depicted, in accordance with applicable law; (c) obtaining applicable property releases for any privately owned locations or distinctive personal property prominently depicted; and (d) retaining all original release documentation and making it available to the Company upon request in connection with any dispute, enforcement action, or legal proceeding.

6.3 Prohibited Portfolio Content.

In addition to the content prohibitions set forth in Section 4, the following content is specifically prohibited in portfolio submissions: (a) images depicting real individuals in a false, defamatory, or misleading context; (b) images that have been digitally altered in a manner that materially misrepresents the quality or nature of the original work without clear disclosure; (c) images that were obtained through unauthorized or surreptitious means, including images captured without the knowledge or consent of depicted individuals in private settings; and (d) images subject to an injunction, court order, or legal hold restricting their publication.

6.4 Technical Image Standards.

Users are responsible for ensuring that uploaded images comply with the Platform's then-current technical specifications for file format, file size, resolution, and aspect ratio, as published in the Platform's help documentation. The Company reserves the right to remove or resize images that do not meet technical specifications, without prior notice, in order to maintain Platform performance and visual consistency.

SECTION 7. PROHIBITED BUSINESS PRACTICES

7.1 Unlicensed Talent Agency Activity.

Users operating as Agencies on the Platform must hold all required talent agency licenses in each jurisdiction in which they conduct business. The following conduct is prohibited: (a) operating as a talent agency — that is, procuring engagements for talent in exchange for a fee or commission — without holding the required license in applicable jurisdictions; (b) charging talent registration fees, administrative fees, or any other upfront fees in a manner that violates applicable talent agency law; (c) representing that the Company endorses or certifies a particular Agency or that an Agency's operations are compliant with applicable licensing law; and (d) misrepresenting the nature of an agency-talent relationship to circumvent applicable legal protections.

7.2 Misuse of Casting Calls and Booking Requests.

Casting calls and Booking requests posted on the Platform must: (a) accurately describe the nature, location, date, duration, and compensation of the engagement; (b) be genuine requests for creative services and not pretextual invitations designed to contact talent for personal, romantic, or other non-professional purposes; (c) comply with all applicable labor laws governing auditions, open calls, and casting in the relevant jurisdiction; and (d) not be used to solicit speculative or unpaid work from Talent Users under the guise of "exposure," "test shots," or "portfolio building" unless the Talent User has expressly agreed to such terms with full understanding of the arrangement.

7.3 Anti-Competitive Conduct.

Users may not use the Platform to engage in any conduct that constitutes unfair competition, including: (a) systematically targeting competitors' clients or talent through deceptive or misleading communications; (b) spreading false or misleading information about a competing User's services, qualifications, or professional record; (c) using access to Platform data or User information for purposes inconsistent with this Policy, including building competing services or databases; or (d) engaging in any conduct that violates applicable antitrust or competition law.

SECTION 8. SENSITIVE SUBJECT MATTER AND SPECIAL CATEGORIES

8.1 Health and Body Image.

Users must not upload or promote content that: (a) encourages, glorifies, or provides instructional guidance for disordered eating behaviors, including extreme caloric restriction, purging, or other behaviors associated with anorexia nervosa, bulimia nervosa, or related conditions; (b) promotes extreme or dangerous fitness practices under the guise of health or fitness content; (c) shames or demeans individuals on the basis of their body size, weight, or physical appearance; or (d) presents unrealistic or materially altered body images as authentic without clear disclosure of digital modification. The Company is committed to responsible body image standards in the fashion and photography industry.

8.2 Mental Health and Self-Harm.

The Platform strictly prohibits content that: (a) depicts, promotes, glorifies, or provides detailed guidance regarding self-harm, suicide, or suicidal ideation; (b) is designed to encourage others to harm themselves; or (c) is created for the purpose of exploiting the emotional vulnerability of other Users. Users who observe content of this nature on the Platform should report it immediately using the Platform's content reporting tools. The Company will remove such content promptly and, where required by applicable law or Platform policy, provide information about crisis resources.

8.3 Controlled Substances.

Content depicting or promoting the use, sale, or distribution of controlled substances — including illegal drugs, prescription medications without a valid prescription, or controlled substances in jurisdictions where they are illegal — is prohibited on the Platform, including in editorial or artistic contexts where the primary purpose or likely effect of the content is to glamorize substance use.

8.4 Weapons.

Content featuring or promoting firearms, ammunition, or other weapons is prohibited unless: (a) the content is a legitimate fashion or editorial image in which a weapon is depicted as a prop in a clearly staged, non-threatening, professional creative context; or (b) the content is otherwise consistent with the Company's Community Guidelines. In no event may the Platform be used to facilitate the sale, transfer, or distribution of firearms, ammunition, or related accessories, or to provide instructions for illegally modifying weapons.

SECTION 9. PLATFORM INTEGRITY, SECURITY, AND RESPONSIBLE DISCLOSURE

9.1 Responsible Disclosure.

If you believe you have discovered a security vulnerability in the Platform, the Company encourages you to report it promptly and responsibly to security@swfnystudios.com before disclosing it publicly. The Company will acknowledge receipt of responsible disclosure reports within five (5) business days and will work in good faith to investigate and, where appropriate, remediate reported vulnerabilities. Users who report security vulnerabilities in good faith will not face enforcement action under this Policy solely on account of their discovery activities, provided those activities are conducted lawfully and without unauthorized access to other Users' data.

9.2 Account Integrity.

Users are responsible for maintaining the security and integrity of their Accounts, including keeping login credentials confidential, not sharing Account access with unauthorized third parties, and using multi-factor authentication features when available. Users who discover unauthorized access to their Account must notify the Company immediately at support@swfnystudios.com.

9.3 No Unauthorized Access to Others' Accounts.

Accessing, attempting to access, or assisting any third party in accessing another User's Account without that User's explicit authorization is a material Violation of this Policy and may constitute a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030), applicable state computer crime laws, and privacy laws. The Company will refer credible reports of unauthorized Account access to law enforcement.

SECTION 10. REPORTING, INVESTIGATION, AND ENFORCEMENT

10.1 Reporting Violations.

Any User who encounters content or conduct that violates this Policy is encouraged to report it using the in-Platform reporting tools available on each content item, profile, review, and message thread. Reports may also be submitted by email to trust@swfnystudios.com. The Company reviews all good-faith reports and takes appropriate action in accordance with its internal content moderation procedures. The Company will not disclose the identity of a reporting User to the subject of the report without the reporting User's consent, except as required by applicable law.

10.2 Investigation.

Upon receipt of a Violation report or upon the Company's own discovery of potential Prohibited Conduct, the Company may: (a) review User Content, Account activity, and communications relevant to the alleged Violation; (b) request additional information from the reporting User, the subject User, or third parties with relevant knowledge; (c) place a temporary hold on User Content or Marketplace functionality pending completion of the investigation; and (d) consult with legal counsel, law enforcement, or regulatory authorities as appropriate.

10.3 Enforcement Actions.

Upon determining that a Violation has occurred, the Company may take one or more of the following enforcement actions, at its sole discretion, based on the nature, severity, recurrence, and context of the Violation:

Violation Category / Example

Severity

Enforcement Response

Minor / first-time technical violation (e.g., image not meeting technical specs, minor profile inaccuracy)

Low

Written warning; opportunity to cure within specified period; content flagged or temporarily hidden.

Repeated minor violations or single moderate violation (e.g., spammy messages, minor misrepresentation of credentials)

Moderate

Formal warning; content removal; temporary restriction of specific Platform features; mandatory re-acceptance of Platform Policies.

Significant violation affecting another User (e.g., harassment, fraudulent review, minor IP infringement)

Elevated

Content removal; temporary Account Suspension pending review; Marketplace access restricted; escalation to legal team.

Serious violation or pattern of violations (e.g., attempted payment circumvention, data scraping, defamation, serious harassment)

High

Immediate Suspension; formal investigation; potential permanent Termination; referral to law enforcement if applicable.

Severe / criminal violation (e.g., CSAM, non-consensual intimate imagery, unauthorized system access, threats of violence)

Critical

Immediate permanent Termination; preservation of all relevant data; mandatory referral to law enforcement; legal action.

10.4 No Obligation to Monitor.

The Company does not pre-screen User Content and has no obligation to monitor Platform activity for Violations. The existence of this Policy does not create any obligation on the Company to identify or act upon any specific Violation. The Company's exercise or non-exercise of its enforcement discretion with respect to any particular Violation does not constitute a waiver of its right to enforce this Policy with respect to any other Violation, and does not create any liability on the Company's part for failing to detect or act upon any particular content or conduct.

10.5 Appeals.

A User whose Account has been Suspended or Terminated, or whose User Content has been removed, may submit an appeal to trust@swfnystudios.com within thirty (30) days of the enforcement action. The appeal must include: (a) the User's Account information; (b) a description of the enforcement action taken; (c) the User's explanation of why the enforcement action was unwarranted or disproportionate; and (d) any supporting evidence. The Company will review appeals in good faith and will respond within fifteen (15) business days of receipt. The Company's decision on appeal is final for internal administrative purposes and does not limit any rights under applicable law.

10.6 Legal Action.

The Company reserves the right to seek all available legal remedies in connection with any Violation, including without limitation injunctive relief, damages, and attorneys' fees. In cases involving criminal conduct, the Company will cooperate fully with law enforcement authorities and may disclose User information in accordance with applicable law, court order, or legal process.

10.7 No Liability for Enforcement Actions.

The Company shall not be liable to any User or third party for any enforcement action taken in good faith pursuant to this Policy, including the removal of content, Suspension of access, or Termination of an Account, to the fullest extent permitted by applicable law.

SECTION 11. GENERAL PROVISIONS

11.1 Entire Policy.

This Policy, together with the Terms of Service, End User License Agreement, Privacy Policy, Cookie Policy, Community Guidelines, DMCA and Copyright Policy, and Refund and Cancellation Policy, constitutes the Company's complete framework of conduct standards for Platform Users. These documents should be read together and consistently.

11.2 Severability.

If any provision of this Policy is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified, without affecting the validity or enforceability of the remaining provisions.

11.3 Governing Law.

This Policy is governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-laws principles, except to the extent superseded by applicable mandatory law in the User's jurisdiction.

11.4 Reservation of Rights.

The Company reserves all rights not expressly granted in this Policy. The Company's failure to enforce any provision of this Policy in any particular instance shall not constitute a waiver of its right to enforce such provision in other instances or to enforce any other provision of this Policy.

11.5 Contact.

For questions about this Policy, to report a Violation, or to submit an appeal, please contact:

SWFNY Studios, LLC — Trust & Safety

Email: trust@swfnystudios.com

Legal: legal@swfnystudios.com

Security disclosures: security@swfnystudios.com

EFFECTIVE DATE: [INSERT DATE]

LAST UPDATED: [INSERT DATE]

VERSION: 1.0

APPENDIX A: VIOLATION QUICK REFERENCE

This Appendix provides a condensed quick reference for the categories of Prohibited Conduct under this Policy. The full text of each prohibition governs. In the event of any inconsistency between this Appendix and the body of the Policy, the body of the Policy controls.

Policy Section

Violation Category

Key Prohibitions

§ 4.1

Illegal & Harmful Content

Criminal facilitation; CSAM; terrorism; obscenity; non-consensual intimate imagery; court order violations.

§ 4.2

Content Involving Minors

Sexual/suggestive content; unsupervised adult-minor engagements; unauthenticated minor talent recruitment.

§ 4.3

Defamation & Harassment

False statements of fact; targeted harassment; threats; hate speech; doxxing; coordinated harassment.

§ 4.4

IP Violations

Copyright infringement; removing CMI/watermarks; false portfolio attribution; unlicensed distribution.

§ 4.5

Privacy Violations

Data harvesting; unauthorized disclosure; surreptitious recording; stalking; private message disclosure.

§ 4.6

Spam, Fraud & Deception

Unsolicited messages; fake accounts; false reviews; off-platform payment solicitation; chargeback fraud.

§ 4.7

Technical Violations

Unauthorized access; malware; bots/scrapers; DDoS; reverse engineering; code injection.

§ 4.8

Commercial Violations

Payment circumvention; review manipulation; competitor recruitment; AI-generated portfolio misrepresentation.

§ 4.9

Adult Content

Unverified adult content; § 2257 non-compliance; minors in adult contexts.

§ 5

User Interactions

Harassing messages; improper booking conduct; retaliatory reviews; discriminatory refusals.

§ 6

Portfolio Standards

Inauthentic work; missing releases; misleading alterations; AI misrepresentation.

§ 7

Business Practices

Unlicensed agency activity; deceptive casting calls; anti-competitive conduct.

§ 8

Sensitive Content

Eating disorder promotion; self-harm content; controlled substances; weapons misuse.

§ 9

Platform Integrity

Unauthorized system access; account sharing; CFAA violations.

End of Acceptable Use Policy — SWFNY Studios, LLC — Version 1.0

COOKIE POLICY

SWFNY Studios, LLC

Version 1.0 | Effective Date: [INSERT DATE] | Confidential Working Draft

This Cookie Policy explains how SWFNY Studios, LLC uses cookies and similar tracking technologies on its mobile application, website, and related services. It is intended to be read alongside the Privacy Policy and Terms of Service, both of which are incorporated herein by reference.

TABLE OF CONTENTS

SECTION 1. INTRODUCTION

1.1 About This Policy.

SWFNY Studios, LLC ("Company," "we," "us," or "our") uses cookies and similar tracking technologies when you access or use the SWFNY Studios platform, including its mobile application, website, and all related services (collectively, the "Platform"). This Cookie Policy ("Policy") explains what these technologies are, why we use them, and what choices you have with respect to their use.

1.2 Relationship to Privacy Policy.

This Cookie Policy supplements and should be read in conjunction with the Company's Privacy Policy, which provides comprehensive information about how we collect, use, and protect your personal information. Where cookies result in the collection of personal data, that data is handled in accordance with the Privacy Policy. In the event of any conflict between this Cookie Policy and the Privacy Policy, the Privacy Policy shall control.

1.3 Updates to This Policy.

We may update this Cookie Policy from time to time to reflect changes in the cookies we use, changes in applicable law, or for other operational, legal, or regulatory reasons. We will notify you of material changes by posting the updated Policy on the Platform with a revised effective date. Your continued use of the Platform following such notice constitutes your acceptance of the updated Policy. We encourage you to review this Policy periodically.

1.4 Contact.

If you have questions about our use of cookies or this Policy, please contact us at:

SWFNY Studios, LLC

Attention: Privacy Team

[Company Address]

Email: privacy@swfnystudios.com

SECTION 2. DEFINITIONS

As used in this Cookie Policy, the following terms have the meanings set forth below:

"Cookie" means a small text file placed on your device by a website or application you visit. Cookies allow the platform to recognize your device and remember information about your preferences and interactions over time.

"Cookie Consent Tool" means the interactive consent management interface presented on the Platform through which you may review, accept, or decline specific categories of Cookies.

"ePrivacy Directive" means Directive 2002/58/EC of the European Parliament and of the Council (as amended by Directive 2009/136/EC), which governs the use of cookies and similar tracking technologies for users in the European Economic Area.

"First-Party Cookie" means a Cookie set directly by the Company on the Platform domain, used to operate the Platform and deliver services directly to you.

"GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, and, where applicable, the UK GDPR as retained in UK domestic law.

"Local Storage Object" means a mechanism similar to cookies that allows websites to store data in a web browser with no expiration date, used for functional platform operations.

"Persistent Cookie" means a Cookie that remains on your device for a specified period of time or until you manually delete it, surviving the closure of your browser or application.

"Platform" means the SWFNY Studios mobile application, web platform, and all related services operated by the Company.

"SDK" means a Software Development Kit embedded in the Company's mobile application that may collect device and usage data on behalf of the Company or third-party service providers.

"Session Cookie" means a Cookie that is temporary and is deleted automatically when you close your browser or application session.

"Third-Party Cookie" means a Cookie set by a domain other than the Company's Platform domain, typically by a third-party analytics, advertising, or social media provider whose content or services are integrated into the Platform.

"Tracking Technology" means any technology used to collect information about your interactions with the Platform or other websites over time, including Cookies, web beacons, pixel tags, SDKs, Local Storage Objects, and fingerprinting techniques.

"Web Beacon" means a small, often invisible image embedded in a web page or email that allows the Company or a third party to detect when a page or email has been viewed, and to collect associated technical data.

SECTION 3. WHAT ARE COOKIES AND SIMILAR TRACKING TECHNOLOGIES?

3.1 Cookies Explained.

A Cookie is a small data file that is placed on your computer, smartphone, tablet, or other device when you visit a website or use an application. Cookies are widely used to make websites and applications function properly, to work more efficiently, and to provide information to their operators. A Cookie typically contains the name of the domain from which it originated, the duration for which it will remain on your device, and an identifier value.

3.2 Session and Persistent Cookies.

Cookies may be either Session Cookies or Persistent Cookies. Session Cookies are deleted automatically when you close your browser or end your application session. They are used to maintain continuity within a single browsing session — for example, to keep you logged in as you navigate between pages. Persistent Cookies remain on your device after your session ends, for a duration determined by their individual expiration date. They may be used to recognize you when you return to the Platform or to remember your preferences.

3.3 First-Party and Third-Party Cookies.

Cookies can also be categorized as First-Party or Third-Party Cookies. First-Party Cookies are set by the Company directly and are accessible only by the Company on the Platform domain. Third-Party Cookies are set by domains other than the Company's Platform domain, typically by service providers or partners whose services are embedded in or linked from the Platform, such as analytics providers, payment processors, or social media platforms. Third-Party Cookies may be used to track your activity across multiple websites.

3.4 Other Tracking Technologies.

In addition to Cookies, the Platform may use the following tracking technologies:

(a) Web Beacons: small transparent image files embedded in web pages or email messages to track whether a page or email has been opened or accessed, and to collect associated technical data such as IP address, browser type, and time of access;

(b) Pixel Tags: a form of Web Beacon embedded in online content or email to measure the effectiveness of marketing campaigns or to enable advertising targeting;

(c) Local Storage Objects: data stored in your browser's local storage using HTML5 technology, which functions similarly to Cookies but has no expiration date and may store larger amounts of data;

(d) SDKs: code libraries integrated into the Company's mobile application that enable the collection of device information, usage data, and crash reports, and that may facilitate third-party analytics and advertising services; and

(e) Device Fingerprinting: the collection of technical attributes of your device (such as browser type, operating system version, screen resolution, and installed fonts) for purposes of fraud prevention and security monitoring. We do not use device fingerprinting for cross-context behavioral advertising.

SECTION 4. CATEGORIES OF COOKIES WE USE

4.1 Overview.

We use the following categories of Cookies and Tracking Technologies on the Platform. The specific Cookies in use at any given time are listed in the Cookie Inventory Table in Appendix A of this Policy, which is updated periodically. The categories and their purposes are described below.

4.2 Strictly Necessary Cookies.

Strictly Necessary Cookies are essential to the basic operation of the Platform. They enable core functionality such as user authentication, session management, security features, and access to paid or registered features. Without these Cookies, the Platform cannot function properly. These Cookies do not require your consent and cannot be switched off in our systems. They are typically set in response to actions you take that amount to a request for services, such as logging in, creating an Account, or initiating a transaction. No personally identifiable information beyond what is necessary for operation is collected through Strictly Necessary Cookies.

4.3 Performance and Analytics Cookies.

Performance and Analytics Cookies allow us to count visits and measure traffic sources so that we can assess and improve the performance of the Platform. They help us understand which pages are most and least popular, how users navigate through the Platform, what error messages users encounter, and where usability improvements are most needed. All information collected by these Cookies is aggregated or anonymized before it is analyzed, and is not used to identify any individual user without separate consent. If you decline these Cookies, we will not know when you have visited the Platform and will not be able to monitor its performance.

4.4 Functional Cookies.

Functional Cookies enable the Platform to remember choices you make and provide enhanced, personalized features. These may include remembering your language preference, your login state between sessions, your display preferences (such as dark mode or grid view for portfolios), and whether you have previously acknowledged certain notices or prompts. The information collected by Functional Cookies is generally not used to track your browsing activity on other websites. Declining Functional Cookies may result in a degraded user experience and the loss of certain personalization features.

4.5 Targeting and Advertising Cookies.

Targeting and Advertising Cookies are used to deliver advertisements that are more relevant to you and your interests. They may also be used to limit the number of times you see an advertisement and to measure the effectiveness of advertising campaigns. These Cookies track your activity across the Platform and may also track your activity on other websites and applications over time. They are typically set by our advertising partners with our permission. Declining these Cookies will not prevent you from seeing advertisements, but advertisements you do see may be less relevant to your interests.

4.6 Social Media Cookies.

Social Media Cookies are set by third-party social media services — such as Instagram, LinkedIn, or Pinterest — whose features or sharing buttons are integrated into the Platform. These Cookies may enable those platforms to track your Platform visits and link them to your social media account, and may enable you to share content from the Platform to social media. The data collected by Social Media Cookies is governed by the privacy policy of the relevant social media platform, over which we have no control.

SECTION 5. COOKIE INVENTORY

5.1 Current Cookie List.

The table below sets forth the Cookies and Tracking Technologies currently in use on the Platform. This inventory is reviewed and updated periodically. The most current version is maintained in Appendix A of this Policy and in the Cookie Consent Tool presented when you first visit the Platform. Specific Cookie names, providers, and durations may be updated without advance notice as our technical infrastructure evolves; however, the categories of Cookies described in Section 4 will be disclosed in advance of any material change.

STRICTLY NECESSARY COOKIES

Cookie Name

Type

Purpose

Provider

Duration

session_id

Session

Maintains authenticated user session across pages; required for login state persistence.

SWFNY Studios (First-Party)

Session

csrf_token

Session

Cross-site request forgery protection; validates that form submissions originate from the Platform.

SWFNY Studios (First-Party)

Session

auth_token

Persistent

Stores encrypted authentication credential to enable "Stay Logged In" functionality.

SWFNY Studios (First-Party)

30 days

locale_pref

Persistent

Stores user's language and regional format preferences.

SWFNY Studios (First-Party)

12 months

cookie_consent

Persistent

Records user's cookie consent choices to avoid re-prompting on subsequent visits.

SWFNY Studios (First-Party)

12 months

load_balancer

Session

Routes user requests to appropriate server for consistent performance.

SWFNY Studios (First-Party)

Session

sec_verify

Persistent

Stores device-level security verification token for fraud prevention.

SWFNY Studios (First-Party)

90 days

PERFORMANCE AND ANALYTICS COOKIES

Cookie Name

Type

Purpose

Provider

Duration

_ga

Persistent

Google Analytics: distinguishes users by assigning a unique anonymous ID; used to calculate session counts and aggregate traffic statistics.

Google LLC (Third-Party)

2 years

_ga_[ID]

Persistent

Google Analytics 4: stores and updates a unique value for each page visit; enables session stitching.

Google LLC (Third-Party)

2 years

_gid

Persistent

Google Analytics: distinguishes users for a 24-hour window; enables day-level session reporting.

Google LLC (Third-Party)

24 hours

_gat

Session

Google Analytics: throttles request rate to prevent over-counting; deleted within 1 minute.

Google LLC (Third-Party)

1 minute

swfny_perf

Persistent

Internal performance metric: records page load times, feature interaction events, and error rates on an anonymized basis.

SWFNY Studios (First-Party)

6 months

amplitude_id

Persistent

Product analytics: tracks user event flows and feature engagement on an anonymized basis for product development purposes.

Amplitude, Inc. (Third-Party)

10 years

FUNCTIONAL COOKIES

Cookie Name

Type

Purpose

Provider

Duration

ui_prefs

Persistent

Stores user interface preferences including dark mode, grid vs. list view, and sidebar state.

SWFNY Studios (First-Party)

12 months

onboard_state

Persistent

Records onboarding flow completion status to avoid re-presenting completed steps.

SWFNY Studios (First-Party)

6 months

recent_search

Session

Temporarily stores recent search queries to enable "Recent Searches" display.

SWFNY Studios (First-Party)

Session

intercom_uid

Persistent

Customer support widget: identifies returning users for chat support continuity.

Intercom R&D ULC (Third-Party)

9 months

stripe_mid

Persistent

Payment processor: fraud prevention and transaction validation identifier used by Stripe.

Stripe, Inc. (Third-Party)

12 months

TARGETING AND ADVERTISING COOKIES

Cookie Name

Type

Purpose

Provider

Duration

_fbp

Persistent

Meta (Facebook) Pixel: identifies browsers for advertising targeting and conversion tracking on Meta platforms.

Meta Platforms, Inc. (Third-Party)

3 months

_fbc

Persistent

Meta (Facebook): stores click identifier from Meta advertisements for attribution purposes.

Meta Platforms, Inc. (Third-Party)

3 months

ads/ga-audiences

Session

Google Ads: used by Google AdWords to re-engage users based on prior Platform visits.

Google LLC (Third-Party)

Session

IDE

Persistent

Google DoubleClick: tracks ad impressions and conversions; used for cross-site behavioral targeting.

Google LLC (Third-Party)

13 months

swfny_retarget

Persistent

Internal retargeting segment: assigns an anonymized segment identifier used to customize ad delivery.

SWFNY Studios (First-Party)

90 days

SOCIAL MEDIA COOKIES

Cookie Name

Type

Purpose

Provider

Duration

ig_did

Persistent

Instagram: device identifier set when an Instagram sharing widget or embed is loaded.

Meta Platforms, Inc. (Third-Party)

10 years

li_sugr

Persistent

LinkedIn Insight Tag: probabilistic matching identifier for LinkedIn analytics and retargeting.

LinkedIn Corp. (Third-Party)

3 months

UserMatchHistory

Persistent

LinkedIn: synchronizes LinkedIn advertising IDs for cross-device matching.

LinkedIn Corp. (Third-Party)

30 days

_pin_unauth

Persistent

Pinterest: identifies unauthenticated Pinterest users for analytics and attribution.

Pinterest, Inc. (Third-Party)

1 year

🔍 [ATTORNEY REVIEW RECOMMENDED: The Cookie inventory table above is illustrative and must be verified against the actual technical implementation of the Platform before publication. Every Cookie, pixel, beacon, or SDK deployed on live pages must be enumerated. Undisclosed Tracking Technologies on EU/UK-accessible pages may constitute a violation of the ePrivacy Directive and GDPR, exposing the Company to enforcement action and fines. A full technical audit of all tracking technologies should be conducted by qualified privacy engineering counsel prior to EU launch.]

SECTION 6. HOW WE USE COOKIE DATA

6.1 Operational Use.

We use data collected through Strictly Necessary and Functional Cookies to: (a) authenticate Users and maintain secure login sessions; (b) remember your Platform preferences and settings between visits; (c) provide essential Platform functionality, including Marketplace browsing, portfolio display, and Booking workflows; (d) detect and prevent fraudulent or unauthorized access; and (e) ensure the security and integrity of the Platform and its users.

6.2 Analytics and Product Development.

We use data collected through Performance and Analytics Cookies to: (a) measure and analyze Platform traffic and usage patterns; (b) identify and diagnose technical errors, performance bottlenecks, and usability issues; (c) evaluate the effectiveness of new features and Platform changes; and (d) generate aggregated statistical reports used in internal product development and business planning. Analytics data is not used to identify individual users or to make any automated decisions with legal or similarly significant effects.

6.3 Marketing and Advertising.

We use data collected through Targeting, Advertising, and Social Media Cookies to: (a) display advertising that is more relevant to your interests on the Platform and on third-party platforms; (b) measure the effectiveness of advertising campaigns; (c) create retargeting audiences based on your Platform interactions; (d) attribute Platform registrations and Bookings to specific advertising channels; and (e) limit the frequency with which you see a given advertisement. This processing is subject to your consent choices in jurisdictions where such consent is required.

6.4 No Sale of Cookie Data.

We do not sell Cookie data to third parties in exchange for monetary compensation. Data collected through Targeting Cookies may be shared with advertising partners in a manner that may constitute "sharing" for cross-context behavioral advertising purposes under the CCPA/CPRA. California residents may opt out of such sharing as described in Section 8 of this Policy.

SECTION 7. LEGAL BASIS FOR COOKIE USE — EU/UK USERS

7.1 ePrivacy Directive and GDPR Framework.

For Users located in the European Economic Area, the United Kingdom, and Switzerland, our use of Cookies and Tracking Technologies is governed by the ePrivacy Directive (as implemented in each Member State) and the GDPR. The legal basis for each category of Cookie is as follows:

Cookie Category

Legal Basis

Strictly Necessary

No consent required. Necessary for the performance of a service explicitly requested by the user (ePrivacy Directive Art. 5(3) exception); also underpinned by legitimate interests (GDPR Art. 6(1)(f)) and contract performance (Art. 6(1)(b)).

Performance & Analytics

Consent required (ePrivacy Directive Art. 5(3)). Legal basis: Consent (GDPR Art. 6(1)(a)). May alternatively be based on legitimate interests where data is fully anonymized before any processing.

Functional

Consent required where Cookies extend beyond the immediate session or collect preference data beyond what is strictly necessary. Legal basis: Consent (GDPR Art. 6(1)(a)) or Legitimate Interests (Art. 6(1)(f)) depending on data collected.

Targeting & Advertising

Explicit opt-in consent required (ePrivacy Directive Art. 5(3); GDPR Art. 6(1)(a)). Pre-ticked boxes, implied consent, or continued browsing do not constitute valid consent.

Social Media

Consent required (ePrivacy Directive Art. 5(3)). Legal basis: Consent (GDPR Art. 6(1)(a)). Third-party Social Media providers act as independent Controllers for data they collect.

7.2 Consent Management.

When you first access the Platform from a jurisdiction subject to ePrivacy and GDPR requirements, you will be presented with a Cookie Consent Tool that allows you to: (a) accept all Cookies; (b) accept only Strictly Necessary Cookies; or (c) configure your preferences for each category individually. Your consent choices will be stored in a Strictly Necessary Cookie for a period of twelve (12) months, after which you will be re-prompted to confirm your preferences.

7.3 Withdrawal of Consent.

You may withdraw or modify your consent to non-essential Cookies at any time by: (a) accessing the Cookie Consent Tool through the privacy settings link in the Platform footer or settings menu; (b) using your browser's built-in Cookie management features; or (c) contacting us at privacy@swfnystudios.com. Withdrawal of consent does not affect the lawfulness of processing carried out based on consent before its withdrawal. Please note that withdrawing consent to Functional or Performance Cookies may impair certain Platform features.

SECTION 8. YOUR COOKIE CHOICES AND OPT-OUT MECHANISMS

8.1 Cookie Consent Tool.

The Platform's Cookie Consent Tool, accessible at any time through the privacy settings link in the Platform footer or Account settings menu, allows you to view, accept, or decline specific categories of non-essential Cookies. Your preferences are stored and applied on subsequent visits for a period of twelve (12) months. Changes to preferences take effect immediately for new page loads and application sessions, though some Cookies set prior to your preference change may persist on your device until their natural expiration.

8.2 Browser-Level Controls.

Most web browsers allow you to control Cookie behavior through browser settings. You may configure your browser to: (a) accept all Cookies; (b) notify you before setting a Cookie; (c) block all Cookies from specific sites; or (d) block all Cookies. Instructions for managing Cookie settings in commonly used browsers are available at the following resources:

Google Chrome: https://support.google.com/chrome/answer/95647

Mozilla Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer

Apple Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge

Please note that blocking all Cookies through browser settings will likely prevent you from logging in, completing transactions, or using key Platform features. The Company cannot guarantee the accuracy of third-party browser support resources listed above, and you should refer to your browser provider's current documentation.

8.3 Mobile Device Controls.

On mobile devices, you may manage Cookie and tracking preferences through your device's operating system settings. For iOS devices, you may limit ad tracking under Settings > Privacy & Security > Tracking. For Android devices, you may opt out of ads personalization under Settings > Google > Ads. Additionally, the SWFNY Studios mobile application's privacy settings may include controls for SDK-based tracking where technically feasible.

8.4 Third-Party Opt-Out Mechanisms.

For Third-Party Cookies set by advertising networks and analytics providers, you may use the following industry opt-out tools in addition to your browser or device settings:

(a) Network Advertising Initiative (NAI) Opt-Out Tool: available at https://optout.networkadvertising.org

(b) Digital Advertising Alliance (DAA) Opt-Out Tool: available at https://optout.aboutads.info

(c) European Interactive Digital Advertising Alliance (EDAA) Your Online Choices: available at https://www.youronlinechoices.eu (for EU users)

(d) Google Analytics Opt-Out Browser Add-On: available at https://tools.google.com/dlpage/gaoptout

The Company does not control these third-party opt-out mechanisms and cannot guarantee their availability or effectiveness. Opting out through these tools may not remove Cookies already placed on your device but should prevent new Tracking Technologies from being deployed by participating vendors.

8.5 California: Do Not Sell or Share.

California residents have the right under the CCPA/CPRA to opt out of the "sale" or "sharing" of their personal information for cross-context behavioral advertising purposes. If any of the Tracking Technologies described in this Policy result in such sale or sharing, California residents may exercise this right by: (a) clicking the "Do Not Sell or Share My Personal Information" link available in the Platform footer; (b) submitting a request through the Account privacy settings; or (c) contacting us at privacy@swfnystudios.com with the subject line "CCPA Opt-Out Request." We will process your request in accordance with the procedures and timelines described in our Privacy Policy.

8.6 Do Not Track.

Some browsers transmit a "Do Not Track" signal to websites they visit. The Platform does not currently respond to Do Not Track signals because there is no universally accepted standard for how websites should respond to such signals. We will reassess this position as industry consensus and applicable law develop. Your choice to enable Do Not Track in your browser does not affect our ability to use Strictly Necessary Cookies. For other Cookie categories, please use the Cookie Consent Tool or browser-level controls described in this Section 8.

SECTION 9. THIRD-PARTY COOKIE PROVIDERS

9.1 Third-Party Controllers.

Certain Cookies deployed on the Platform are set by third-party providers who may act as independent Data Controllers in respect of the personal data they collect. These providers operate under their own privacy policies, and we encourage you to review those policies before enabling Third-Party Cookies. The Company is not responsible for the privacy practices of any third-party Cookie provider.

9.2 Key Third-Party Providers.

The following table identifies the primary third-party Cookie providers currently integrated into the Platform, along with references to their applicable privacy disclosures:

Third-Party Provider

Privacy Policy / Opt-Out Reference

Google LLC (Analytics, Ads, DoubleClick)

https://policies.google.com/privacy | https://tools.google.com/dlpage/gaoptout

Meta Platforms, Inc. (Facebook Pixel, Instagram)

https://www.facebook.com/policy.php | https://www.facebook.com/settings?tab=ads

LinkedIn Corporation (Insight Tag)

https://www.linkedin.com/legal/privacy-policy | https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

Pinterest, Inc.

https://policy.pinterest.com/en/privacy-policy

Amplitude, Inc. (Analytics)

https://amplitude.com/privacy

Intercom R&D ULC (Support Widget)

https://www.intercom.com/legal/privacy

Stripe, Inc. (Payments)

https://stripe.com/privacy

🔍 [ATTORNEY REVIEW RECOMMENDED: This third-party provider list must be verified and updated to reflect all vendors whose code executes on Platform pages at or before launch. Under GDPR and ePrivacy requirements, all third-party vendors who set cookies or collect data on EU/UK users must either be disclosed in the CMP with vendor-level consent options (IAB TCF v2.2), or the Company must have Data Processing Agreements in place meeting GDPR Article 28 requirements. A vendor due-diligence review is strongly recommended.]

9.3 Data Processing Agreements.

Where third-party Cookie providers process personal data on behalf of the Company in their capacity as Processors (rather than as independent Controllers), the Company maintains Data Processing Agreements (DPAs) with such providers that meet the requirements of GDPR Article 28. Details regarding any such DPAs are available upon request by contacting privacy@swfnystudios.com.

SECTION 10. COOKIES AND CHILDREN'S PRIVACY

10.1 Age Restriction.

The Platform is not directed to individuals under the age of eighteen (18), and we do not knowingly deploy Tracking Technologies on devices of persons under the age of eighteen (18). Non-essential Cookies, particularly Targeting and Advertising Cookies, are not intentionally deployed for users we know or have reason to believe to be minors.

10.2 Age-Appropriate Design.

To the extent applicable law imposes obligations regarding the use of tracking technologies in relation to younger audiences — including the California Age-Appropriate Design Code Act (Cal. Civ. Code § 1798.99.28 et seq.) and the UK Children's Code — the Company is committed to implementing Privacy by Default settings for any Platform features that may be accessed by minors, including the restriction of non-essential Tracking Technologies in such contexts.

🔍 [ATTORNEY REVIEW RECOMMENDED: The California Age-Appropriate Design Code Act requires companies offering online services likely to be accessed by children under 18 to, among other things, default to privacy settings that provide the highest level of privacy and turn off profiling by default for child users. If Platform features may foreseeably be accessed by users under 18, a Data Protection Impact Assessment (DPIA) and specific age-design compliance review are strongly recommended.]

SECTION 11. UPDATES, GOVERNING LAW, AND GENERAL PROVISIONS

11.1 Cookie Policy Updates.

We review this Cookie Policy at least every twelve (12) months, and more frequently when: (a) new Cookies or Tracking Technologies are deployed on the Platform; (b) an existing Cookie's purpose or provider changes materially; or (c) applicable law or regulatory guidance requires disclosure updates. The current version of this Policy is identified by its effective date at the top of the document. Material changes will be communicated via the notice mechanisms described in Section 1.3.

11.2 Governing Law.

This Cookie Policy is governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles, except to the extent superseded by applicable mandatory data protection or ePrivacy laws in your jurisdiction. Disputes arising under this Cookie Policy shall be resolved in accordance with the dispute resolution provisions set forth in the Company's Terms of Service.

11.3 Relationship to Other Policies.

This Cookie Policy forms part of the Company's suite of Platform Policies and should be read in conjunction with the Privacy Policy and the Terms of Service. In the event of any inconsistency between this Cookie Policy and the Privacy Policy regarding the treatment of personal data collected through Cookies, the Privacy Policy shall govern.

11.4 Severability.

If any provision of this Cookie Policy is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified or severed to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

11.5 Accessibility.

If you require this Cookie Policy in an alternative format or have questions about our cookie practices that are not addressed in this Policy, please contact us at privacy@swfnystudios.com. We are committed to making our privacy disclosures accessible to all users.

EFFECTIVE DATE: [INSERT DATE]

LAST UPDATED: [INSERT DATE]

VERSION: 1.0

APPENDIX A: COOKIE INVENTORY — COMPLETE REFERENCE TABLE

This Appendix consolidates all Cookies and Tracking Technologies disclosed in Section 5, organized by category. This table is the authoritative disclosure reference for purposes of ePrivacy Directive and GDPR compliance and must be kept current at all times. Updates to this Appendix constitute updates to this Cookie Policy.

🔍 [ATTORNEY REVIEW RECOMMENDED: Before publication, conduct a full technical audit using a Cookie scanning tool (e.g., OneTrust, Cookiebot, or Osano) to enumerate all Cookies actually set on live Platform pages, including those set by third-party scripts that load additional vendors. The inventory below must match the live Platform's actual Cookie deployment. Any divergence between disclosed Cookies and actual Cookies set constitutes a potential regulatory compliance violation.]

CATEGORY 1: STRICTLY NECESSARY

Cookie / Tech Name

Type

Purpose

Provider

Duration

session_id

First-Party, Session

Session authentication — maintains login state across page navigation.

SWFNY Studios

Session

csrf_token

First-Party, Session

Security — prevents cross-site request forgery attacks on form submissions.

SWFNY Studios

Session

auth_token

First-Party, Persistent

Persistent login — encrypted credential token enabling "Stay Logged In."

SWFNY Studios

30 days

locale_pref

First-Party, Persistent

Localization — stores user language and regional format preferences.

SWFNY Studios

12 months

cookie_consent

First-Party, Persistent

Consent management — records and applies user consent choices.

SWFNY Studios

12 months

load_balancer

First-Party, Session

Infrastructure — server routing for session consistency.

SWFNY Studios

Session

sec_verify

First-Party, Persistent

Fraud prevention — device-level security verification.

SWFNY Studios

90 days

CATEGORY 2: PERFORMANCE AND ANALYTICS

Cookie / Tech Name

Type

Purpose

Provider

Duration

_ga

Third-Party, Persistent

Google Analytics — anonymous unique user ID for session counting.

Google LLC

2 years

_ga_[ID]

Third-Party, Persistent

Google Analytics 4 — session stitching and event counting.

Google LLC

2 years

_gid

Third-Party, Persistent

Google Analytics — 24-hour session differentiation.

Google LLC

24 hours

_gat

Third-Party, Session

Google Analytics — request throttling.

Google LLC

1 minute

swfny_perf

First-Party, Persistent

Internal — anonymized page performance and feature engagement metrics.

SWFNY Studios

6 months

amplitude_id

Third-Party, Persistent

Amplitude — anonymized product analytics and event-flow tracking.

Amplitude, Inc.

10 years

CATEGORY 3: FUNCTIONAL

Cookie / Tech Name

Type

Purpose

Provider

Duration

ui_prefs

First-Party, Persistent

UI preferences — dark mode, view mode, sidebar state.

SWFNY Studios

12 months

onboard_state

First-Party, Persistent

Onboarding — records completed onboarding steps.

SWFNY Studios

6 months

recent_search

First-Party, Session

Search UX — recent search history for in-session display.

SWFNY Studios

Session

intercom_uid

Third-Party, Persistent

Support — Intercom user identifier for chat continuity.

Intercom R&D ULC

9 months

stripe_mid

Third-Party, Persistent

Payments — Stripe merchant and fraud validation identifier.

Stripe, Inc.

12 months

CATEGORY 4: TARGETING AND ADVERTISING

Cookie / Tech Name

Type

Purpose

Provider

Duration

_fbp

Third-Party, Persistent

Meta Pixel — browser identification for Meta ad targeting and conversion tracking.

Meta Platforms, Inc.

3 months

_fbc

Third-Party, Persistent

Meta — click attribution from Meta ad campaigns.

Meta Platforms, Inc.

3 months

ads/ga-audiences

Third-Party, Session

Google Ads — remarketing audience identifier.

Google LLC

Session

IDE

Third-Party, Persistent

Google DoubleClick — cross-site ad targeting and conversion measurement.

Google LLC

13 months

swfny_retarget

First-Party, Persistent

Internal retargeting — anonymized audience segment identifier.

SWFNY Studios

90 days

CATEGORY 5: SOCIAL MEDIA

Cookie / Tech Name

Type

Purpose

Provider

Duration

ig_did

Third-Party, Persistent

Instagram — device identifier set by Instagram widget or embed.

Meta Platforms, Inc.

10 years

li_sugr

Third-Party, Persistent

LinkedIn Insight Tag — probabilistic cross-device matching.

LinkedIn Corp.

3 months

UserMatchHistory

Third-Party, Persistent

LinkedIn — advertising ID synchronization.

LinkedIn Corp.

30 days

_pin_unauth

Third-Party, Persistent

Pinterest — unauthenticated user analytics and attribution.

Pinterest, Inc.

1 year

End of Cookie Policy — SWFNY Studios, LLC — Version 1.0

END USER LICENSE AGREEMENT

SWFNY Studios, LLC

Version 1.0 | Effective Date: [INSERT DATE] | Confidential Working Draft

IMPORTANT — READ CAREFULLY BEFORE INSTALLING, ACCESSING, OR USING THE SOFTWARE. THIS END USER LICENSE AGREEMENT ("AGREEMENT" OR "EULA") IS A LEGAL CONTRACT BETWEEN YOU AND SWFNY STUDIOS, LLC. BY CLICKING "I AGREE," "ACCEPT," OR "INSTALL," BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SOFTWARE OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE AND DELETE ANY COPIES IN YOUR POSSESSION.

TABLE OF CONTENTS

SECTION 1. PARTIES, RECITALS, AND ACCEPTANCE

1.1 Parties.

This End User License Agreement ("Agreement" or "EULA") is entered into between SWFNY Studios, LLC, a limited liability company organized under the laws of the State of New York ("Licensor," "Company," "we," "us," or "our"), and you, the individual or entity accepting this Agreement ("Licensee," "End User," "you," or "your"). If you are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity, and all references to "you" or "Licensee" shall refer to that entity.

1.2 Recitals.

The Licensor has developed the SWFNY Studios platform — a digital marketplace and portfolio management system for the fashion and creative photography industry — comprising mobile application software, web-based software, related application programming interfaces (APIs), and associated digital content (collectively, the "Software"). The Licensor desires to grant the Licensee a limited, non-exclusive license to use the Software in accordance with the terms and conditions of this Agreement, and the Licensee desires to obtain such a license.

1.3 Acceptance by Conduct.

You accept and agree to be bound by this Agreement by any of the following acts: (a) clicking or tapping any button or checkbox indicating acceptance; (b) downloading, installing, copying, or using the Software or any portion thereof; (c) creating an Account on the Platform; or (d) otherwise manifesting assent to this Agreement. Your acceptance is effective as of the earliest of these acts. If you do not accept this Agreement, you must immediately cease all use of the Software and delete or destroy all copies in your possession or control.

1.4 Relationship to Terms of Service.

This EULA governs your right to install and use the Software as a software product. It should be read in conjunction with the Company's Terms of Service, Privacy Policy, and all other Platform Policies, each of which is incorporated by reference. In the event of a conflict between this EULA and the Terms of Service regarding the license to use the Software, this EULA shall control. In all other respects, the Terms of Service shall govern your use of the Platform.

SECTION 2. DEFINITIONS

As used in this Agreement, the following capitalized terms have the meanings set forth below. Additional defined terms may be introduced in context throughout this Agreement.

"Account" means the registered user profile required to access certain features of the Software, including all associated credentials, settings, and data.

"Authorized Device" means a computer, smartphone, tablet, or other digital device that you own or control and on which you are authorized to install and use the Software under this Agreement.

"Confidential Information" means any non-public technical, business, or operational information disclosed by the Licensor in connection with this Agreement, including source code, algorithms, product roadmaps, pricing models, and proprietary data.

"Documentation" means any user manuals, help guides, technical specifications, release notes, and other written or digital materials provided by the Licensor describing the features and operation of the Software.

"In-App Purchase" means any supplemental feature, content, subscription upgrade, or virtual item available for purchase within the Software beyond the base license granted herein.

"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, moral rights, rights of publicity, database rights, and all other proprietary rights, whether registered or unregistered, in any jurisdiction worldwide.

"License" means the limited, non-exclusive, non-transferable, revocable right to install and use the Software granted under Section 3 of this Agreement.

"Licensor Content" means all content, data, text, graphics, images, audio, video, algorithms, designs, and other materials incorporated into or made available through the Software by the Licensor, excluding User Content.

"Marketplace" means the Software's integrated platform through which End Users may discover, communicate with, and transact with other registered users for photography, modeling, styling, and related creative services.

"Platform" means the SWFNY Studios mobile application, web platform, and all related services operated by the Licensor.

"Software" means the SWFNY Studios application software, including the mobile application distributed through third-party app stores, the web-based platform accessible via internet browser, all associated APIs, SDKs, libraries, Documentation, and any updates, patches, upgrades, or new versions thereof provided by the Licensor.

"Subscription" means a paid, recurring access plan that grants the Licensee enhanced features and functionality within the Software, as described in Section 6.

"Term" means the duration of this Agreement as set forth in Section 13.

"Update" means any patch, bug fix, minor version release, security update, or enhancement to the Software issued by the Licensor from time to time.

"Upgrade" means a new major version or release of the Software that the Licensor may make available as a separate offering, with or without additional charge.

"User Content" means any content, photographs, images, videos, text, profiles, portfolios, reviews, and other materials uploaded, submitted, or transmitted by an End User through the Software.

SECTION 3. LICENSE GRANT

3.1 Grant of License.

Subject to your compliance with all terms and conditions of this Agreement, the Licensor hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable License to:

(a) download, install, and use the Software on Authorized Devices that you own or control, solely for your personal or internal business purposes in connection with the Platform;

(b) access and use the features of the Software made available to you based on your account type and subscription tier; and

(c) access and use the Documentation in connection with your authorized use of the Software.

3.2 Mobile Application License.

With respect to the mobile application version of the Software distributed through the Apple App Store or Google Play Store, the License granted in Section 3.1 is further limited to use on mobile devices running operating systems compatible with the then-current version of the Software, and is subject to any additional terms imposed by the applicable app store provider. In the event of a conflict between this Agreement and the terms of an app store provider, this Agreement governs the relationship between you and the Licensor, and the app store terms govern the relationship between you and the app store provider.

🔍 [ATTORNEY REVIEW RECOMMENDED: Apple's App Store Review Guidelines and Licensed Application End User License Agreement (Apple LAEULA) impose specific requirements on apps distributed through the App Store, including minimum EULA terms that must be incorporated or superseded by a custom EULA. Confirm that this EULA satisfies Apple's minimum EULA requirements under Apple Schedule 2 and that the Apple LAEULA is properly incorporated or disclaimed prior to App Store submission. Google Play's Developer Distribution Agreement similarly imposes obligations. Both platforms' terms should be reviewed by qualified legal counsel before app store submission.]

3.3 Number of Authorized Devices.

You may install and use the Software on a reasonable number of Authorized Devices that you own or control. For individual End Users, this means personal devices used by a single individual. For business entities, the License covers devices used by authorized employees or contractors of that entity in connection with the entity's permitted use of the Platform. The License does not permit use of the Software on devices owned or controlled by third parties who have not independently accepted this Agreement.

3.4 Web Platform Access.

Access to the web-based version of the Software via a standard internet browser does not require a separate installation but is subject to all terms of this Agreement. The License to access the web-based Software is contingent on your maintenance of a valid, active Account in good standing.

3.5 Freemium and Subscription Tiers.

The Software is offered in a freemium model with certain base features available at no cost and enhanced features available through paid Subscriptions, as described in Section 6. The scope of your License corresponds to your then-current account tier. Downgrading or canceling your Subscription does not constitute termination of this Agreement; rather, it reduces the scope of your License to the features available at the lower tier.

3.6 Reservation of Rights.

Except for the limited License expressly granted in this Section 3, all rights in and to the Software, Documentation, and Licensor Content are expressly reserved to the Licensor and its licensors. No implied license or right is granted by this Agreement or by any course of dealing, course of performance, or custom of trade.

SECTION 4. LICENSE RESTRICTIONS

4.1 General Restrictions.

The License granted under Section 3 is expressly conditioned upon your compliance with the following restrictions. You agree that you will not, directly or indirectly, and will not permit any third party to:

(a) copy, reproduce, modify, adapt, translate, or create derivative works of the Software, Documentation, or any portion thereof, except as expressly permitted by applicable law that cannot be waived by contract;

(b) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, object code, algorithms, or underlying trade secrets of the Software, except and solely to the extent that applicable law expressly permits such activity notwithstanding contractual prohibition;

(c) sublicense, sell, resell, transfer, assign, lease, rent, lend, distribute, or otherwise make the Software or your License rights available to any third party;

(d) remove, alter, or obscure any proprietary notices, legends, trademarks, or labels affixed to or contained within the Software or Documentation;

(e) use the Software to develop a competing product or service, or use the Software's features, design, functionality, or architecture as the basis for designing, developing, or marketing a competing platform;

(f) use automated means — including bots, scrapers, crawlers, macros, or scripts — to access, interact with, or extract data from the Software, except as expressly permitted by the Licensor in writing;

(g) introduce or transmit any malware, virus, worm, Trojan horse, ransomware, spyware, or other malicious or unauthorized code into or through the Software;

(h) circumvent, defeat, or bypass any technical protection measures, access controls, or security features of the Software;

(i) use the Software in any manner that could overload, damage, impair, or disrupt the Software, its servers, or any network connected to the Software;

(j) access or use any portion of the Software that you are not authorized to access based on your account type, subscription tier, or permission level;

(k) use the Software for any purpose that violates applicable law, this Agreement, or any Platform Policy; or

(l) frame, mirror, or scrape any page or portion of the Software without the Licensor's prior written consent.

4.2 No Benchmarking.

Without the Licensor's prior written consent, you may not publish or disclose to any third party any benchmarking, competitive analysis, or performance evaluation results derived from your use of the Software, except that you may share your personal experience of the Platform in good-faith user reviews on public review platforms.

4.3 Compliance with Laws.

Your use of the Software must comply with all applicable laws and regulations, including data protection laws, intellectual property laws, export control laws, anti-corruption laws, and laws governing the creative and talent industries in the jurisdictions in which you operate. The Licensor makes no representation that the Software is appropriate or available for use in any particular jurisdiction.

4.4 Open Source Components.

The Software may incorporate certain open source software components. Notwithstanding anything to the contrary in this Agreement, open source components are subject to the applicable open source license terms under which they are distributed, which may include, without limitation, the MIT License, the Apache License 2.0, and the GNU General Public License. A list of open source components incorporated into the Software and their applicable license terms is available upon written request to legal@swfnystudios.com. Nothing in this Agreement limits any rights granted under applicable open source licenses, and no provision of this Agreement shall be construed to restrict any open source license right that cannot be so restricted.

SECTION 5. INTELLECTUAL PROPERTY OWNERSHIP

5.1 Licensor Ownership.

The Software, Documentation, and all Licensor Content, and all Intellectual Property Rights therein, are and shall remain the exclusive property of the Licensor and its licensors. This Agreement does not convey to you any ownership interest in the Software or any portion thereof. Your rights are limited solely to the License expressly granted in Section 3.

5.2 Trademarks.

SWFNY Studios and all related names, logos, product and service names, designs, and slogans are registered or unregistered trademarks or service marks of the Licensor or its affiliates. Nothing in this Agreement grants you any right to use the Licensor's trademarks, trade names, logos, or service marks without the Licensor's prior written consent. All goodwill arising from any permitted use of the Licensor's marks inures solely to the benefit of the Licensor.

5.3 User Content Ownership.

As between you and the Licensor, you retain all Intellectual Property Rights in and to your User Content. By submitting User Content to the Platform, you grant the Licensor the license described in the Terms of Service, which is incorporated by reference. Nothing in this EULA is intended to transfer ownership of any User Content to the Licensor.

5.4 Feedback.

If you provide the Licensor with any ideas, suggestions, recommendations, enhancement requests, or feedback regarding the Software ("Feedback"), you hereby irrevocably assign to the Licensor all right, title, and interest in and to such Feedback, including all Intellectual Property Rights therein. The Licensor may use Feedback for any purpose without obligation to you, including without limitation, incorporating Feedback into the Software or commercializing it without attribution or compensation.

5.5 Copyright Notice.

The Software is protected by copyright law and international copyright treaties. Unauthorized reproduction or distribution of the Software, or any portion thereof, may result in civil and criminal penalties and will be prosecuted to the maximum extent permitted by applicable law.

SECTION 6. SUBSCRIPTIONS, IN-APP PURCHASES, AND FEES

6.1 Freemium Base License.

The License granted under Section 3 includes access to the Software's Freemium features at no charge. The Licensor reserves the right to add, modify, or remove Freemium features at any time, with or without notice, provided that material reductions to the Freemium feature set will be communicated to registered users with at least thirty (30) days' advance notice where commercially practicable.

6.2 Subscription Plans.

The Licensor offers one or more paid Subscription plans that provide access to enhanced Software features. Subscriptions are available on a monthly or annual basis at the rates published in the Licensor's then-current pricing schedule, accessible within the Software. Subscription pricing may vary by account type (Photographer, Model, Stylist, Brand, or Agency) and may be subject to promotional pricing from time to time. By purchasing a Subscription, you authorize the Licensor or its designated payment processor to charge your designated payment method on a recurring basis until the Subscription is canceled.

6.3 Auto-Renewal.

Subscriptions renew automatically at the end of each billing period (monthly or annual, as applicable) at the then-current subscription rate. You must cancel your Subscription at least twenty-four (24) hours before the end of the then-current billing period to avoid renewal charges. Cancellation instructions are available in your Account settings. Cancellation takes effect at the end of the then-current billing period; no refund is issued for the unused portion of a billing period except as expressly provided in the Licensor's Refund and Cancellation Policy or as required by applicable law.

6.4 In-App Purchases.

The Software may offer In-App Purchases of supplemental features, content, or access upgrades. All In-App Purchases are final and non-refundable except as required by applicable law or as expressly provided in the Licensor's Refund and Cancellation Policy. The Licensor reserves the right to modify, discontinue, or remove any In-App Purchase offering at any time. If an offering you have purchased is discontinued, the Licensor's sole obligation is to provide a reasonable functional alternative or a pro-rated credit toward a comparable offering, at the Licensor's discretion.

6.5 Price Changes.

The Licensor reserves the right to change Subscription and In-App Purchase pricing at any time. For active Subscribers, the Licensor will provide at least thirty (30) days' advance written notice of any fee increase before it takes effect. Your continued use of the Subscription after the price change takes effect constitutes your acceptance of the new pricing. If you do not accept a price increase, your sole remedy is to cancel your Subscription before the new pricing takes effect.

6.6 Taxes.

All Subscription fees and In-App Purchase prices are exclusive of applicable taxes unless expressly stated otherwise. You are solely responsible for all applicable sales taxes, value-added taxes (VAT), goods and services taxes (GST), and other government-imposed charges arising from your purchase. Where required by applicable law, the Licensor may collect and remit such taxes on your behalf and add them to your invoice.

6.7 Marketplace Fees.

Participation in the Marketplace may result in Platform Fees charged on Booking transactions, as described in the Terms of Service. Marketplace Fees are separate from Subscription fees and are governed by the fee schedule published in the Software and in the Terms of Service.

SECTION 7. UPDATES, UPGRADES, AND MODIFICATIONS

7.1 Updates.

The Licensor may, from time to time and at its sole discretion, develop and make available Updates to the Software. Updates may include bug fixes, security patches, performance improvements, and minor feature enhancements. The Licensor may deliver Updates automatically without prior notice. You agree that the Licensor may automatically install Updates on your Authorized Devices, and you acknowledge that failure to install required Updates may result in degraded performance, security vulnerabilities, or loss of access to certain features.

7.2 Upgrades.

The Licensor may develop and release Upgrades — new major versions of the Software — that may be offered as part of your existing Subscription, made available at an additional charge, or distributed as a replacement for earlier versions. The Licensor is not obligated to provide Upgrades to all End Users or to maintain prior versions of the Software indefinitely. Your License to use a prior version of the Software does not automatically extend to Upgrades unless you separately acquire a license to the Upgrade.

7.3 Modifications.

The Licensor reserves the right at any time to modify, limit, suspend, or discontinue any feature or functionality of the Software, with or without notice, provided that material modifications to paid features of the Software will be communicated to affected Subscribers with at least thirty (30) days' advance written notice where commercially practicable. Discontinued features for which you have paid will be subject to the Licensor's Refund and Cancellation Policy.

7.4 End of Life.

The Licensor may discontinue support for particular versions of the Software, operating systems, or device types ("End of Life"). The Licensor will endeavor to provide at least ninety (90) days' advance notice of End of Life events for any version in active use by a material number of End Users. Following End of Life, the Licensor is under no obligation to provide security patches, bug fixes, or technical support for the affected version.

SECTION 8. USER ACCOUNTS AND DATA

8.1 Account Responsibility.

To access certain features of the Software, you must create and maintain an Account. You are solely responsible for: (a) maintaining the accuracy, currency, and completeness of your Account information; (b) maintaining the confidentiality and security of your login credentials; (c) all activities conducted through your Account; and (d) notifying the Licensor promptly at legal@swfnystudios.com if you become aware of any unauthorized access to or use of your Account.

8.2 Account Data and Privacy.

The Licensor's collection, use, and protection of data associated with your Account and your use of the Software are governed by the Licensor's Privacy Policy, which is incorporated into this Agreement by reference. By using the Software, you acknowledge and agree to the data practices described in the Privacy Policy.

8.3 User Content Storage.

The Software may provide storage for User Content, including portfolio photographs, images, and associated metadata. Storage capacity may be subject to limits based on your account tier and Subscription plan. The Licensor does not guarantee the permanent availability or preservation of User Content stored on the Platform. You are solely responsible for maintaining independent backup copies of any User Content you upload to the Software. The Licensor shall not be liable for any loss of User Content resulting from account termination, technical failures, data corruption, or any other cause.

8.4 Telemetry and Diagnostic Data.

The Software may automatically collect and transmit to the Licensor certain technical and diagnostic data, including crash reports, error logs, performance metrics, feature usage statistics, and device configuration information ("Telemetry Data"). Telemetry Data is used solely to improve the quality, performance, and security of the Software. Telemetry Data does not include the content of your User Content or private messages. To the extent Telemetry Data constitutes personal information, it is handled in accordance with the Privacy Policy.

SECTION 9. THIRD-PARTY COMPONENTS, SERVICES, AND INTEGRATIONS

9.1 Third-Party Software Components.

The Software incorporates third-party software components, libraries, and services. As noted in Section 4.4, certain components are distributed under open source licenses. Other components may be licensed from third parties under proprietary license terms. Your use of such third-party components through the Software is subject to the applicable third-party license terms, which are available upon request. The Licensor makes no representations or warranties regarding the functionality, security, or fitness for purpose of any third-party component.

9.2 Third-Party Services.

The Software may integrate with or link to third-party services, including payment processors, cloud storage providers, identity verification services, social media platforms, and analytics providers. Your use of any third-party service accessed through or in connection with the Software is governed solely by that third party's terms of service and privacy policy. The Licensor is not responsible for the availability, accuracy, security, or legality of any third-party service, and the Licensor's inclusion of a link or integration does not constitute an endorsement of the third-party service.

9.3 App Store Providers.

The mobile application version of the Software is distributed through the Apple App Store and Google Play Store. These app store providers are not parties to this Agreement and are not responsible for the Software or its content. The app store providers and their subsidiaries are third-party beneficiaries of this Agreement solely to the extent required by their respective platform terms. In the event that you have a claim arising from the Software, you acknowledge that such claim is against the Licensor, not the app store provider.

9.4 Map and Location Services.

Certain features of the Software may utilize third-party mapping or location services. Such services are subject to the terms and privacy policies of the applicable third-party provider. The Licensor is not liable for the accuracy of any location data or mapping information provided by third-party services.

SECTION 10. CONFIDENTIALITY

10.1 Non-Disclosure.

In connection with your use of the Software, you may have access to Confidential Information of the Licensor, including, without limitation, non-public technical specifications, proprietary algorithms, unreleased features, business plans, pricing strategies, and other competitively sensitive information disclosed by the Licensor in the course of a business relationship. You agree to hold all Confidential Information in strict confidence using at least the same degree of care you use to protect your own confidential information of similar sensitivity, but in no event less than reasonable care, and to use Confidential Information solely for the purposes of your authorized use of the Software.

10.2 Exceptions.

Your obligations under Section 10.1 do not apply to information that: (a) was or becomes publicly available through no act or omission by you; (b) was rightfully known to you prior to disclosure without restriction; (c) was independently developed by you without use of or reference to the Licensor's Confidential Information; or (d) was disclosed to you by a third party with the right to make such disclosure without restriction. You may disclose Confidential Information if required to do so by court order or applicable law, provided that, to the extent permitted by law, you provide the Licensor with prompt written notice and cooperate with the Licensor's efforts to seek a protective order or other appropriate relief.

SECTION 11. EXPORT CONTROLS AND TRADE COMPLIANCE

11.1 Export Restrictions.

The Software may be subject to export control laws and regulations of the United States and other jurisdictions, including the Export Administration Regulations ("EAR") administered by the Bureau of Industry and Security (BIS) and sanctions programs administered by the Office of Foreign Assets Control ("OFAC"). You agree to comply with all applicable export control and trade sanctions laws in connection with your use of the Software.

11.2 Prohibited Use.

You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a terrorism-supporting country; (b) you are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals (SDN) list, the Denied Persons List, or the Entity List; and (c) you will not use the Software to export, re-export, or transfer any technology in violation of applicable law.

🔍 [ATTORNEY REVIEW RECOMMENDED: Export control requirements should be reviewed with qualified U.S. trade counsel, particularly if the Software incorporates encryption technology (which triggers EAR encryption controls under ECCNs 5D002 or 5E002) or if the Platform serves users in jurisdictions subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Russia, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine). BIS and OFAC compliance obligations may impose affirmative screening and documentation requirements.]

SECTION 12. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

12.1 Disclaimer of Warranties.

THE SOFTWARE, DOCUMENTATION, AND ALL LICENSOR CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (c) WARRANTIES THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, ERROR, OR DEFECT; (d) WARRANTIES THAT DEFECTS WILL BE CORRECTED; (e) WARRANTIES THAT THE SOFTWARE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE; AND (f) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE.

12.2 Third-Party Disclaimer.

THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD-PARTY COMPONENTS, SERVICES, OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE. YOUR INTERACTIONS WITH OTHER USERS THROUGH THE MARKETPLACE ARE SOLELY BETWEEN YOU AND THOSE USERS. THE LICENSOR IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR SUITABILITY OF ANY SERVICES PROVIDED BY OTHER PLATFORM USERS.

12.3 Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE SOFTWARE, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE SOFTWARE, OR ANY USER CONTENT OR CONDUCT OF ANY USER, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.4 Aggregate Liability Cap.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT PAID BY YOU TO THE LICENSOR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

12.5 Essential Basis.

You acknowledge that the limitations of liability in this Section 12 reflect a reasonable and fair allocation of risk, are an essential element of the basis of the bargain between the Licensor and you, and that the Licensor would not have granted the License absent such limitations.

12.6 Jurisdictional Exceptions.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN TYPES OF CLAIMS. IN SUCH JURISDICTIONS, THE LICENSOR'S WARRANTIES WILL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THE LIABILITY CAP IN SECTION 12.4 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED.

SECTION 13. TERM AND TERMINATION

13.1 Term.

This Agreement commences on the date you first accept it or first install or use the Software, whichever is earlier, and continues until terminated in accordance with this Section 13.

13.2 Termination by You.

You may terminate this Agreement at any time by: (a) permanently deleting the Software from all Authorized Devices in your possession or control; and (b) closing your Account in accordance with the procedures set forth in the Terms of Service. Termination by you does not entitle you to a refund of any amounts previously paid, except as provided in the Licensor's Refund and Cancellation Policy or required by applicable law.

13.3 Termination by Licensor.

The Licensor may suspend or terminate your License and Account, in whole or in part, immediately upon written or in-platform notice, if: (a) you breach any provision of this Agreement or any Platform Policy; (b) the Licensor reasonably determines that your use of the Software poses a risk of harm to other users, third parties, or the Licensor; (c) you fail to pay any amounts owed under this Agreement when due; (d) required by applicable law, regulation, or order of a governmental authority; or (e) the Licensor discontinues the Software or Platform. The Licensor may also suspend your access to the Software without prior notice during any pending investigation of suspected violations.

13.4 Effect of Termination.

Upon termination of this Agreement for any reason: (a) the License granted herein immediately and automatically terminates; (b) you must immediately cease all use of the Software and permanently delete all copies from your Authorized Devices; (c) the Licensor may delete your Account and all associated User Content, subject to any applicable legal data retention obligations; and (d) the following Sections survive termination: 2, 4, 5, 8.2, 10, 12, 14, 15, 16, 17, and 18.

13.5 Survival.

The expiration or termination of this Agreement shall not relieve either party of any obligation that accrued prior to the effective date of termination. All provisions of this Agreement that by their nature should survive termination shall so survive, including, without limitation, provisions relating to intellectual property ownership, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

SECTION 14. INDEMNIFICATION

14.1 End User Indemnification.

You agree to defend, indemnify, and hold harmless the Licensor and its members, managers, officers, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of any representation, warranty, obligation, or covenant in this Agreement; (b) your User Content; (c) your use of the Software other than as expressly permitted by this Agreement; (d) your violation of any applicable law or third-party right, including Intellectual Property Rights, rights of publicity, or privacy rights; or (e) any dispute or transaction between you and any other Platform user.

14.2 Indemnification Procedure.

The Licensor will promptly notify you of any claim subject to indemnification and will cooperate reasonably in the defense of such claim at your expense. The Licensor reserves the right to assume exclusive control of the defense of any such claim, at your expense, in which case you agree to cooperate with the Licensor's defense. You may not settle any claim subject to indemnification without the Licensor's prior written consent, which shall not be unreasonably withheld.

SECTION 15. DISPUTE RESOLUTION AND BINDING ARBITRATION

15.1 Informal Resolution.

Before initiating any formal dispute proceeding, you agree to contact the Licensor at legal@swfnystudios.com with a written description of the dispute, the relief sought, and your contact information, and to attempt in good faith to resolve the dispute informally for a period of thirty (30) calendar days from the date of the Licensor's receipt of your notice.

15.2 Binding Arbitration.

EXCEPT AS SET FORTH IN SECTION 15.5, ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES OR, IF YOU ARE A BUSINESS ENTITY, ITS COMMERCIAL ARBITRATION RULES, AS APPLICABLE. ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR IN NEW YORK, NEW YORK, OR, AT THE LICENSOR'S ELECTION, BY VIDEOCONFERENCE OR TELEPHONE. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING.

🔍 [ATTORNEY REVIEW RECOMMENDED: Apple's App Store guidelines require that EULAs for apps distributed through the App Store include a provision expressly stating that any arbitration clause does not limit Apple's ability to enforce its terms or the developer's obligations to Apple. Confirm with qualified counsel that this arbitration clause is compatible with App Store Review Guidelines and the Apple Developer Agreement.]

15.3 Class Action Waiver.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS WAIVER IS FOUND UNENFORCEABLE, THE ENTIRETY OF THE ARBITRATION PROVISION IN SECTION 15.2 SHALL BE VOID.

15.4 Waiver of Jury Trial.

BY ACCEPTING THIS AGREEMENT, YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE COVERED BY THIS SECTION 15.

15.5 Exceptions.

Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, without waiving the right to arbitrate the underlying dispute. Claims properly within the jurisdiction of a small claims court may be brought in small claims court in lieu of arbitration.

SECTION 16. GOVERNING LAW AND VENUE

16.1 Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement.

16.2 Venue.

For any dispute not subject to arbitration under Section 15, or where the arbitration clause is found unenforceable, the parties irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, and each party waives any objection to venue in such courts on grounds of inconvenient forum or otherwise.

16.3 EU/UK Consumer Rights.

Nothing in this Section 16 limits or excludes any mandatory rights afforded to consumers under the law of their country of habitual residence, to the extent those rights cannot be waived by contract under applicable law.

SECTION 17. U.S. GOVERNMENT END USERS

17.1 Commercial Software.

The Software is "commercial computer software" and the Documentation is "commercial computer software documentation" as those terms are defined in 48 C.F.R. § 2.101 and 48 C.F.R. § 252.227-7014(a)(1). If the Software is acquired by or on behalf of any agency of the U.S. Government, the Software and Documentation are provided with only those rights as set forth in this Agreement, consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Software or Documentation by the U.S. Government is governed solely by this Agreement.

SECTION 18. GENERAL PROVISIONS

18.1 Entire Agreement.

This Agreement, together with the Terms of Service, Privacy Policy, Cookie Policy, and all other Platform Policies incorporated herein by reference, constitutes the entire agreement between you and the Licensor with respect to the Software and supersedes all prior negotiations, representations, warranties, promises, agreements, and understandings, whether oral or written, relating to the subject matter hereof.

18.2 Amendments.

The Licensor may amend this Agreement at any time by posting a revised version on the Platform with an updated effective date, or by providing notice to your registered email address. Material amendments will be communicated with at least thirty (30) days' notice where commercially practicable. Your continued use of the Software following the effective date of any amendment constitutes acceptance of the amended Agreement. If you do not accept an amendment, you must stop using the Software and may terminate this Agreement in accordance with Section 13.2.

18.3 Severability.

If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified, and the remaining provisions shall continue in full force and effect without diminution.

18.4 Waiver.

No failure or delay by either party in exercising any right, remedy, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or privilege preclude any further or other exercise thereof. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18.5 Assignment.

You may not assign, delegate, or transfer this Agreement or any of your rights or obligations hereunder, in whole or in part, without the Licensor's prior written consent. Any purported assignment without such consent is null and void. The Licensor may freely assign this Agreement, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent.

18.6 Notices.

Legal notices to the Licensor under this Agreement shall be sent in writing to: SWFNY Studios, LLC, [Company Address], Attention: Legal Department, with a copy emailed to legal@swfnystudios.com. Notices to you will be sent to the email address associated with your Account. Email notices are deemed delivered upon transmission. You are responsible for keeping your email address current in your Account settings.

18.7 Force Majeure.

The Licensor shall not be liable for any failure or delay in performance under this Agreement to the extent such failure or delay is caused by circumstances beyond the Licensor's reasonable control, including acts of God, natural disasters, epidemics, governmental actions, cyberattacks, telecommunications failures, or third-party service outages.

18.8 Independent Contractors.

The parties are independent contractors. Nothing in this Agreement creates or shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between you and the Licensor.

18.9 Headings.

Section headings in this Agreement are for convenience of reference only and shall not affect the interpretation or enforceability of any provision.

18.10 Electronic Acceptance.

You agree that your electronic acceptance of this Agreement — whether by clicking an acceptance button, downloading the Software, or using the Software — has the same legal effect as a handwritten signature and constitutes binding acceptance of all terms herein.

18.11 Language.

This Agreement is written in the English language. Any translation of this Agreement is provided for convenience only. In the event of any inconsistency between the English version and any translated version, the English version shall control, except to the extent that applicable mandatory consumer protection law in your jurisdiction requires otherwise.

18.12 Contact.

For questions about this Agreement, please contact:

SWFNY Studios, LLC

Attention: Legal Department

[Company Address]

Email: legal@swfnystudios.com

EFFECTIVE DATE: [INSERT DATE]

LAST UPDATED: [INSERT DATE]

VERSION: 1.0

ACKNOWLEDGMENT AND ACCEPTANCE

For enterprise agreements or any circumstance in which a manually executed counterpart is required, the authorized representative of the Licensee may execute this Agreement below. For all other End Users, acceptance is effected electronically in accordance with Section 18.10.

LICENSOR:

SWFNY Studios, LLC

By: _____________________________________________________

Name: ___________________________________________________

Title: __________________________________________________

Date: ___________________________________________________

LICENSEE / END USER:

By: _____________________________________________________

Name: ___________________________________________________

Title (if applicable): ____________________________________

Entity (if applicable): ___________________________________

Date: ___________________________________________________

EXHIBIT A: PLATFORM POLICIES INCORPORATED BY REFERENCE

The following Platform Policies are incorporated into and form part of this End User License Agreement. Each Policy is available on the Platform and may be updated from time to time in accordance with the amendment provisions of the respective document.

Document

Availability

Terms of Service (v1.0)

Available at: [Platform URL]/legal/terms

Privacy Policy (v1.0)

Available at: [Platform URL]/legal/privacy

Cookie Policy (v1.0)

Available at: [Platform URL]/legal/cookies

Acceptable Use Policy (v1.0)

Available at: [Platform URL]/legal/aup

Community Guidelines (v1.0)

Available at: [Platform URL]/legal/community

DMCA and Copyright Policy (v1.0)

Available at: [Platform URL]/legal/dmca

Refund and Cancellation Policy (v1.0)

Available at: [Platform URL]/legal/refunds

EXHIBIT B: OPEN SOURCE COMPONENT DISCLOSURE

As described in Section 4.4, the Software incorporates certain open source software components. The following notice summarizes the principal open source licenses under which components of the Software are distributed. A complete and current list of open source components, including full license texts, is available upon written request to legal@swfnystudios.com.

License Type

Description / Reference

MIT License

Permissive open source license permitting use, copy, modification, and distribution subject to copyright notice retention. Full text: https://opensource.org/licenses/MIT

Apache License 2.0

Permissive open source license with patent grant. Full text: https://www.apache.org/licenses/LICENSE-2.0

BSD 2-Clause / 3-Clause

Permissive license variants requiring attribution. Full text: https://opensource.org/licenses/BSD-2-Clause

ISC License

Functionally equivalent to MIT; commonly used in Node.js ecosystem. Full text: https://opensource.org/licenses/ISC

GNU LGPL v2.1 / v3

Weak copyleft license applicable to certain libraries. Full text: https://www.gnu.org/licenses/lgpl.html

The open source components listed in Exhibit B are subject to their respective license terms, which are not modified by this Agreement. In the event of a conflict between this Agreement and any applicable open source license, the open source license shall prevail solely with respect to the open source component.

End of End User License Agreement — SWFNY Studios, LLC — Version 1.0