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Swiplay

Terms of Service

Version v3 · Effective 6 May 2026

Single document covering the rules that apply to studios and creators on Swiplay, under the opaque commissionnaire model (CGI art. 256 V). The studio and creator sub-sections sit inside the same agreement; jump directly via the side anchors.

1. Preamble

Swiplay operates a B2B marketplace that connects video game studios and content creators. The platform launches publicly on the effective date of these Terms; until then, access is restricted to a private alpha. By creating an account or by clicking "I accept the Terms" on signup, you accept the present Terms in full and create a binding contract with Swiplay.

Swiplay's activity is governed by the opaque commissionnaire model (CGI art. 256 V): by way of a VAT fiction, Swiplay is deemed to purchase the creator's service and to resell it to the studio in its own name. The studio receives a single VAT-inclusive invoice from Swiplay; the creator has no direct contractual link with the studio.

These Terms apply uniformly to every user. They are accepted by an explicit click that produces an immutable acceptance log (timestamp, IP address, user-agent, version hash). A new version of the Terms triggers a re-consent screen at the next login.

2. Definitions

For the purposes of these Terms, the capitalised expressions below carry the following meaning:

  • Studio. A legal entity registered on Swiplay as a client and acting as a buyer of UGC video services for the promotion of a video game or related product.
  • Creator. A natural person registered on Swiplay as a creator, who produces and publishes UGC videos in response to campaigns.
  • Campaign. A brief published by a Studio with a budget envelope, target views, brief instructions, and a licence scope.
  • Validated View. A view counted by Swiplay against an accepted submission once it satisfies the platform's integrity rules and the security window has elapsed.
  • Net CPM. The price per 1,000 Validated Views paid to the Creator side, exclusive of the Swiplay commission. The minimum Net CPM is 5 € per 1,000 views.
  • Balance. The amount accumulated by a Creator on Swiplay, before withdrawal. Funds are held on the Creator's Stripe Connect Express balance and released to their bank account when they trigger a payout.
  • Self-billing mandate (2 of I of Article 289 of the French CGI). Authorisation given by the Creator to Swiplay to issue invoices in the Creator's name and on their behalf, addressed to Swiplay itself as the fiscal buyer. The mandate is signed electronically through a simple time-stamped click, an immutable log entry of the operation, a hash of the signed document and capture of the IP address. For non-French EU creators an equivalent local mandate based on Directive 2006/112 applies; for non-EU creators a private-law mandate applies.
  • KYC / KYB. Identity / business verification operated by Stripe Connect Express on behalf of Swiplay (Anti-Money Laundering Directive 2015/849).

3. Legal model

3.1. Opaque commissionnaire (CGI art. 256 V)

Swiplay operates as an opaque commissionnaire on services pursuant to Article 256 V of the French General Tax Code. The fiction is twofold: Swiplay is deemed to purchase the creator's service and to resell it to the studio, both in its own name. From a tax perspective, the studio buys from Swiplay and only from Swiplay; the creator sells to Swiplay and only to Swiplay.

Two consequences flow from this model: (a) the studio receives a single VAT-inclusive invoice from Swiplay per campaign, with no per-creator detail; (b) Swiplay issues, on the creator's behalf, a self-billing invoice addressed to Swiplay itself.

3.2. DSP2 status — outside ACPR licensing

Swiplay falls outside the scope of the licensing requirement of the French Autorité de Contrôle Prudentiel et de Résolution (ACPR) under Directive (EU) 2015/2366 (PSD2): payment flows are operated by Stripe (see 3.3), and Swiplay does not hold client funds in its own books outside the commissionnaire opaque flow described in 3.1.

3.3. Regulated payment stack

The regulated payment stack relied upon by Swiplay is Stripe Connect Express, operated by Stripe Technology Europe Limited (regulated by the Central Bank of Ireland). Stripe holds creator-side funds in dedicated safeguarded accounts; in the unlikely event Swiplay becomes insolvent, those funds remain segregated from Swiplay's operating accounts. KYC / KYB obligations are operated by Stripe on behalf of Swiplay.

4. Common provisions

4.1. Acceptance and immutable log

Acceptance of these Terms is materialised by an explicit click on signup. Each acceptance produces an immutable log entry (account id, version hash, timestamp, IP address, user-agent). A new version triggers a re-consent screen at the next login. Continued use beyond 30 days without response is treated as tacit acceptance of non-material changes; material changes always require a new explicit click.

4.2. Term, suspension, termination

These Terms are entered into for an indefinite period. Either party may terminate at any time by closing its account, subject to the settlement of outstanding amounts and to the retention obligations described elsewhere. Swiplay may suspend or terminate an account, with or without notice depending on severity, in case of breach of these Terms, fraud, abusive chargeback (cf. § Studios), or non-compliance with anti-money-laundering rules.

4.3. Acceptable Use Policy

Users undertake not to: (a) circumvent the marketplace by contacting the counterparty off-platform to bypass the commission, (b) submit fraudulent, misleading, illegal, defamatory or infringing content, (c) impersonate another person or entity, (d) attempt to compromise the platform's security or integrity, (e) use the service for purposes contrary to its destination as a B2B UGC marketplace, (f) publish hate speech, harassment, discrimination, content targeting minors, disinformation or non-consensual pornographic content, (g) publish content that violates the regulated-sector restrictions set out in section 7, (h) publish sponsored content without the mandatory advertising disclosure required by the Creator's jurisdiction of residence (cf. 4.5 and 6.6).

4.4. Intellectual property and content licence

The Creator retains full ownership of every video they produce. By submitting a video to a Campaign, the Creator grants the Studio, through Swiplay (commissionnaire opaque), a non-exclusive licence within the scope set by the campaign brief: permitted channels (repost, paid media, TV, OOH), duration, exclusivity (if any), modification rights, geographic scope. The licence is not tacit: if the brief does not specify a given right, that right is not granted. Any use beyond this scope requires a separate agreement, negotiated through Swiplay.

4.5. French Influencer Law

Under the opaque commissionnaire model Swiplay is the fictional advertiser vis-à-vis the Creator within the meaning of French law n° 2023-451 of 9 June 2023 (as supplemented by decree n° 2025-1137 of 28 November 2025). The triptych of (a) Creator Terms accepted on signup, (b) self-billing mandate (2 of I of Article 289 of the French CGI) signed electronically and (c) campaign brief accepted by tracked click constitutes a valid contractual framework within the meaning of Article 8 of law 2023-451 — without per-campaign individual contracts being generated, which would not be operationally maintainable at marketplace scale. Each Creator remains solely responsible for including the advertising disclosures required by their jurisdiction of residence (law of 9 June 2023 in France, FTC Endorsement Guides in the United States, ASA CAP Code in the United Kingdom, and equivalents elsewhere) on every published asset.

4.6. Confidentiality and personal data

Each party undertakes to keep confidential the non-public information of the other party. The processing of personal data is governed by the dedicated Privacy Policy available at /legal/privacy.

4.7. Governing law and jurisdiction

These Terms are governed by French law. Any dispute shall be subject to the exclusive jurisdiction of the competent French courts, after a 15-business-day amicable phase opened by written notice to contact@swiplay.com.

Per French Loi Hamon 2014 + decree 2015-1382, for Creators acting as consumers (natural persons not yet operating an active legal structure within the meaning of section 6.1), you may refer the dispute to consumer mediator MEDICYS (62 rue Tiquetonne, 75002 Paris, www.medicys.fr) within one year of your written complaint to Swiplay, as well as the EU online dispute resolution platform (https://ec.europa.eu/consumers/odr) — in addition to the amicable phase described above.

5. § Provisions applicable to Studios

5.1. Account creation and KYB

On signup, the Studio provides accurate company information (legal name, registration number / SIRET, intra-community VAT number, country, full address, legal representative). Swiplay verifies SIRET via the French SIRENE API and EU VAT numbers via the VIES service. The Studio undertakes to keep this information up to date. KYB checks are operated through Stripe Connect Express; the Studio agrees to fulfil any KYB request emitted by Stripe within 15 business days.

5.2. Pricing floor and tiered commission

Minimum media budget per campaign: 2,000 € HT. Net floor CPM: 5 € per 1,000 views (creator-side). The Swiplay commission is tiered and integrated in the all-in price the Studio pays: 25 % for media budgets below 5,000 € HT and 20 % for budgets of 5,000 € HT and above.

The applicable rate is fixed at the moment of campaign creation and is not retroactively recomputed by a later top-up. The commission is fully earned by Swiplay at campaign launch and is non-refundable, including in the event of partial under-delivery (cf. 5.6). A specific contract may override these rates.

5.3. Pre-funding and VAT chargeability

Campaigns are fully pre-funded. The Studio pays a single VAT-inclusive amount fixed at campaign creation; the amount is due before the campaign goes live. No end-of-campaign VAT reconciliation is performed: the VAT-inclusive amount is set once and applies to the whole campaign. The Studio receives a single VAT-inclusive invoice from Swiplay per campaign.

5.4. VAT regime depending on the Studio country

Because Swiplay is the contractual seller under the commissionnaire opaque model, the Studio invoice follows the VAT regime of the Studio:

  • Studio in France: VAT-inclusive invoice with French VAT at 20 % (CGI art. 256 V).
  • Studio in the EU outside France with a valid intra-community VAT number (verified via VIES): reverse-charge, mention "Reverse charge by the customer, French CGI article 283-2 and Directive 2006/112/EC article 196". The Studio is responsible for self-assessing VAT in its country.
  • Studio outside the EU: outside the scope of French VAT, mention "Outside the scope of French VAT, French CGI article 259-1 (service supplied outside France)".

If a valid intra-community VAT number cannot be provided or VIES validation fails, the default regime is French VAT at 20 %.

5.5. Validation, refusal, report

For each submission, the Studio has 48 hours to act: validate, refuse, or do nothing. Inaction triggers auto-validation at J+2. After validation, the Studio has seven additional days (J+2 to J+9) to report a grave issue. Beyond J+9 no further studio action is possible.

Refusals and reports are limited to closed lists of motives (off-topic, insufficient quality, guidelines breach, inappropriate content, duplicate, plagiarism for refusals; negative content, deletion, artificial views, plagiarism, fraud, late guideline violation for reports) plus a written justification. Every refusal or report is arbitrated by Swiplay within 48 hours, who is the sole and final arbiter; this safeguard exists to protect Creators against abusive refusals.

Repeated unfounded refusals or reports may result in temporary suspension of the Studio account.

Abusive chargeback prohibition: the Studio commits not to initiate a bank chargeback on a campaign payment to replace the contractual dispute procedure described here. Any chargeback initiated without prior contact with Swiplay (15-business-day amicable phase) constitutes a material breach and authorises Swiplay to terminate the contract and to seek damages.

5.6. Refund for under-delivered views

If the forecast Validated Views are not reached by the end of the campaign, Swiplay refunds to the Studio the unconsumed share of the creator-side budget plus the corresponding VAT (the VAT credit follows the regime of the original invoice: 20 % France, 0 % EU reverse-charge / export). The Swiplay commission, which is encashed up-front and earned at launch, is not affected by under-delivery and is not refunded.

Partial refunds outside the unconsumed-views case are only granted in exceptional circumstances validated by Swiplay (technical error, force majeure, proven creator fraud).

5.7. Electronic invoicing 2026 / 2027

In line with French electronic-invoicing reform (ordinance n° 2021-1190 and decree n° 2022-1299), Swiplay receives structured electronic invoices from 1 September 2026 and will issue structured electronic invoices from 1 September 2027, via a Plateforme Agréée. The Studio undertakes to be reachable on a Plateforme Agréée or on the Portail Public de Facturation by these deadlines so that Swiplay can deliver invoices in compliance.

5.8. Liability

Swiplay is the contractual counterparty of the Studio under the commissionnaire opaque model and a trusted technical third party. Swiplay shall not be held liable for the editorial outcome of a campaign in terms of sales, installs, ROAS, nor for the non-performance of a given Creator, nor for chargebacks initiated outside the contractual dispute procedure. Swiplay's liability is capped at the amount of the Swiplay commission paid for the campaign in question.

6. § Provisions applicable to Creators

6.1. Signup and two-month tolerance without a legal structure

Any natural person of legal age may sign up as a Creator regardless of their country of fiscal residence, subject to compliance with these Terms and to the absence of an active sanction list match. Swiplay accepts French residents, EU residents outside France, and non-EU residents alike from V1 of the platform.

A Creator may sign up and participate in campaigns for up to two months without an active legal structure (auto-entreprise / SIREN / foreign equivalent). During this phase, earnings are recorded on the Creator's Swiplay account, no invoice is issued, and no withdrawal is possible.

Once the Creator signs the self-billing mandate (SIREN or local fiscal identifier provided, VAT regime declared, Stripe Connect Express KYC completed), Swiplay retroactively generates the auto-invoices for the entire accumulated balance, which unlocks withdrawals.

If the Creator does not regularise within two months, the account moves into a frozen state indefinitely until regularisation: the wallet remains intact, accumulated earnings stay attributed to the Creator, no automatic refund is performed and no forced closure occurs. The Creator may regularise at any time, even years later, and recover the accumulated balance through the same retroactive auto-invoicing flow.

6.2. Self-billing mandate

The applicable mandate depends on the Creator's country of fiscal residence:

  • French resident: self-billing mandate under 2 of I of Article 289 of the French General Tax Code (CGI), authorising Swiplay to issue invoices in the Creator's name and on their behalf, addressed to Swiplay itself as the fiscal buyer (and not to studios).
  • EU resident outside France: equivalent local self-billing mandate based on the Creator's national transposition of Directive 2006/112/EC of 28 November 2006 on the common system of value-added tax. Swiplay generates the same fiscal flow, in the local language as required.
  • Non-EU resident: private-law self-billing mandate, governed by these Terms, authorising Swiplay to issue invoices on the Creator's behalf addressed to Swiplay itself, with the regime described below in 6.3.

The Creator undertakes to notify Swiplay of any change of fiscal regime or country of residence within 7 days. Failure to notify may trigger a retroactive correction of past invoices. The Creator remains solely liable for declaring the income they earn on Swiplay to the competent authorities (URSSAF, income tax, VAT if applicable, or any equivalent outside France). The self-billed invoices issued under this mandate are systematically pushed as supplier charges into Swiplay's accounting tool, where they appear as creator purchases offset against Swiplay's revenue (BM v3-bis §5.3, opaque commissionnaire model — Swiplay is the fiscal buyer of the service).

6.3. VAT regime depending on country and status

For French Creators, the regime applied to the auto-invoice depends on the four cases described in BM v3 §4.4 (creator regime × studio country):

  • Franchise en base (CGI art. 293 B), studio FR: 0 % on creator side, 20 % on studio side. Auto-invoice mention "TVA non applicable, art. 293 B du CGI".
  • Standard VAT FR, studio FR: 20 % collected on creator side, 20 % on studio side. Auto-invoice mention "TVA collectée 20 %".
  • Studio in EU (non-FR), creator FR (any regime): 0 % on studio side via reverse-charge ("Reverse charge by the customer, French CGI article 283-2 and Directive 2006/112/EC article 196"); creator-side mention follows the creator regime.
  • Studio outside the EU, creator FR (any regime): 0 % on studio side as outside the scope of French VAT ("Outside the scope of French VAT, French CGI article 259-1, service supplied outside France"); creator-side mention follows the creator regime.

EU Creators (non-FR)

For EU Creators outside France, Swiplay (as the French fiscal buyer) self-assesses the intra-community VAT on acquisition of services in France pursuant to article 283-2 of the French CGI; the mandatory self-billed invoice mention is provided for by article 226-11 bis of Directive 2006/112/EC. The auto-invoice issued in the Creator's name carries the mention "Reverse charge, French CGI article 283-2 and Directive 2006/112/EC article 226-11 bis". The Creator declares the corresponding turnover under their local regime.

Non-EU Creators

For Creators residing outside the EU, the service is located in France for VAT purposes (article 259-1 of the French CGI, localisation rule) and Swiplay (the French fiscal buyer) self-assesses the VAT on acquisition pursuant to article 283-2 of the French CGI. The auto-invoice issued in the Creator's name carries the mention "Reverse charge VAT due by the recipient, French CGI article 283-2". The Creator remains responsible for any local tax obligation arising in their country of residence.

The applicable regime is resolved automatically by the platform from the Creator's declared country of residence and fiscal status, and is shown clearly on every auto-invoice generated by Swiplay.

6.4. Threshold monitoring (franchise en base, French Creators)

For French Creators, Swiplay tracks annual platform earnings against the franchise en base threshold applicable under article 293 B of the French CGI and the BOI doctrine in force (the threshold figure is the subject of ongoing parliamentary debate as of May 2026 and may evolve; Swiplay always applies the threshold in force at the date of issuance). On approaching or exceeding the applicable threshold, Swiplay notifies the Creator, switches subsequent auto-invoices to the standard regime ("Assujetti") and invites them to update their URSSAF declaration.

The Creator remains solely responsible for their own URSSAF declaration and for any consequences of an oversight. Swiplay's automated monitoring is a courtesy and does not transfer fiscal liability.

6.5. Cashout and security window

Earnings are consigned on the Creator's Stripe Connect Express account and unlocked when the Creator triggers a withdrawal. To unlock withdrawals the Creator must (a) provide a valid SIREN or local fiscal identifier, (b) declare a VAT regime where applicable, and (c) complete Stripe Connect Express KYC. Minimum withdrawal: 50 €. Once a cashout is requested by the Creator, a 7-day security window applies during which Swiplay verifies the integrity of the validated views, before releasing the SEPA payout via Stripe Connect Express. Stripe processing fees are transparently borne by Swiplay (no margin on creator payouts).

6.6. French Influencer Law

The triptych of Creator Terms + self-billing mandate (2 of I of Article 289 of the French CGI) + campaign brief accepted by tracked click constitutes a valid contractual framework within the meaning of Article 8 of French law n° 2023-451 of 9 June 2023 (as supplemented by decree n° 2025-1137 of 28 November 2025). The Creator is solely responsible for including the advertising disclosures required by their jurisdiction of residence (law of 9 June 2023 in France, FTC Endorsement Guides in the United States, ASA CAP Code in the United Kingdom, and equivalents elsewhere) on every published asset. The Creator remains the sole publisher of the content and the sole responsible party in case of breach.

6.9. Clawback and fraud

Swiplay may recover funds already paid or scheduled to be paid (clawback) in the following cases: proven fraud, artificial views, plagiarism, chargeback confirmed against a Studio, clerical error. When possible the clawback is deducted from the next payout; otherwise Swiplay may invoice the Creator. Swiplay may suspend or permanently close the account in case of fraudulent behaviour and is the sole arbiter of any litigation arising from use of the platform.

7. Regulated sectors

Eight categories of products and services are subject to enhanced restrictions on Swiplay. The Studio may not brief, and the Creator may not publish, content promoting these categories outside the legal framework applicable to each. Swiplay reserves the right to refuse, suspend or remove any campaign, submission or account that breaches the present section, in addition to the sanctions described in section 8.

  • Alcohol — French Évin law (Code de la santé publique, art. L. 3323-2 et seq.). Any alcohol-related campaign must include the mandatory health warning, must not target minors, and is forbidden on any platform whose audience is predominantly under 18.
  • Tobacco, electronic cigarettes and vaping products — direct or indirect promotion is forbidden (Code de la santé publique, art. L. 3512-4 and L. 3513-4). Brief and publication are refused on Swiplay.
  • Gambling and games of chance — French Online Gaming Authority (ANJ) licence required. The Studio must provide proof of ANJ approval before the campaign is activated. The mandatory message "Jouer comporte des risques : isolement, endettement… Appelez le 09-74-75-13-13 (appel non surtaxé)" must be displayed on each published asset.
  • Medicines and health products — ANSM (Agence nationale de sécurité du médicament) framework. Prescription medicines may not be advertised to the general public (Code de la santé publique, art. L. 5122-6); over-the-counter medicines may only be promoted within the strict scope of their marketing authorisation.
  • Crypto-assets — EU Regulation 2023/1114 (MiCA) and French law of 9 June 2023 on commercial influence (art. 4). Only providers registered as PSAN (or fully MiCA-authorised once the transition period closes) may be promoted, and every publication must mention the speculative risk of crypto-asset investments.
  • Financial and banking services — promotion of financial products requires the provider to be authorised by the ACPR (Autorité de contrôle prudentiel et de résolution) or by another competent EU regulator, and risk-warning mentions required by the AMF (Autorité des marchés financiers) for investment products must appear on every published asset.
  • Cosmetic surgery and non-essential medical procedures — promotion of cosmetic surgical procedures by influencers is forbidden by Article 4 of the law of 9 June 2023; non-essential medical acts (aesthetic injectables, dental veneers, etc.) may only be promoted within the strict framework of the Code de la santé publique and the rules of the relevant professional order.
  • Content targeting minors — any content targeting an audience of minors as a marketing target is forbidden. The Creator must not produce content that is misleading or harmful to minors, and the Studio must not commission such content.

A regulated sector flag on the campaign brief triggers a manual Swiplay review before activation; the Studio agrees to provide, on first request, the licences, authorisations or third-party authorisations required by the sector. Failure to do so blocks the campaign indefinitely without right to refund.

8. Moderation and reporting

Swiplay operates a layered moderation pipeline that combines automated checks, the studio review workflow (sections 5.5 and 6.9) and a public notice-and-action mechanism. The present section sets out the rules common to every actor; the DSA-specific obligations are detailed in section 9.

Any third party (user of the platform, third-party rights holder, public authority) may submit a notice of illegal content via the public form at /dsa/report. The notice must identify the content (URL of the asset on its host platform or campaign submission ID), describe in sufficient detail the reasons why the third party considers the content illegal, declare in good faith that the information provided is accurate and complete, and provide contact details. Swiplay acknowledges receipt of the notice without undue delay and, where the notifier has provided contact details, communicates to them the reasoned decision taken on the notice.

Following a notice, an automated detection, an internal audit or a studio escalation, Swiplay may, depending on the gravity and the proportionality of the response: (a) leave the content unchanged with a comment in the ops log, (b) demote the content (delisting from discovery surfaces, removal of promotional weighting), (c) request the Creator to add the missing advertising disclosure within 48 hours, (d) freeze the creator credits attached to the submission, (e) remove the submission, (f) suspend the account, (g) terminate the account. Every action is logged with the reason code, the moderator id, and the timestamp. Every removal or suspension is notified in writing to the impacted user, with the statement of reasons, the closed list of motives applied, and the internal complaint route described below.

Internal complaint mechanism (DSA art. 19) — any user impacted by a moderation decision may, within six months of the decision, lodge an internal complaint through the dedicated portal. The complaint is handled by a qualified Swiplay staff member who did not take the original decision, free of charge, on the basis of human review, and is settled within 14 days. The complainant is informed in writing of the final reasoned decision. This route does not preclude any out-of-court dispute resolution body or court action.

Internal sanctions ladder (DSA art. 23) — repeated breaches escalate as follows: (1) warning, (2) suspension of submission rights for 7 days, (3) suspension of the account for 30 days, (4) termination of the account. The same ladder applies to abusive notices: a notifier who repeatedly submits manifestly unfounded notices is suspended from the notice-and-action mechanism. Swiplay grants priority handling to notices submitted by entities recognised as trusted flaggers under DSA art. 22 once the Commission rolls out the EU registry; the dedicated ingest will be deployed in V2.

9. Platform responsibility (DSA)

Swiplay qualifies as an online platform within the meaning of Regulation (EU) 2022/2065 of 19 October 2022 (Digital Services Act, "DSA"), and as a hosting service within the meaning of articles 4 to 6 of the DSA in respect of the user-generated content stored on Swiplay (submissions, profiles, briefs). Swiplay does not qualify as a Very Large Online Platform (VLOP) and is not subject to the additional obligations of section 5 of chapter III of the DSA.

Single point of contact for authorities (DSA art. 11): dsa-authorities@swiplay.com — used by the Commission, the Digital Services Coordinator and any other competent authority of a Member State. Single point of contact for users (DSA art. 12): dsa-contact@swiplay.com — used for any electronic communication with users on DSA matters. Notices of illegal content go to /dsa/report (cf. section 8). The contacts are published on the legal-notice page and are open in French and in English.

In accordance with articles 4 to 6 of the DSA, Swiplay is not liable for the information stored at the request of a Creator, on condition that Swiplay (a) does not have actual knowledge of illegal activity or content and, in respect of claims for damages, is not aware of facts or circumstances from which the illegal nature of the activity or content is apparent, or (b) acts expeditiously to remove or disable access to the content from the moment it has such knowledge. The acts undertaken by Swiplay to comply with these Terms or with applicable law do not, by themselves, cause Swiplay to lose this liability exemption (DSA art. 7).

Swiplay is not subject to a general monitoring obligation (DSA art. 8) and does not actively seek out illegal content. The pipeline described in section 8 combines targeted automated checks (advertising disclosure detection, hashtag and caption parsing, etc.) and human review on report. Where applicable EU law imposes a sector-specific monitoring obligation (e.g. terrorist content under Regulation (EU) 2021/784), Swiplay complies with that specific obligation.

Legal representative — Swiplay is established in France and is not required to designate a representative under DSA art. 13. The Digital Services Coordinator of establishment is the Autorité de régulation de la communication audiovisuelle et numérique (Arcom).

10. Transparency

Swiplay publishes an annual transparency report (DSA art. 15 and art. 24) covering the prior calendar year, on the public page /dsa/transparency. The report is published no later than 31 January of each year for the prior calendar year and contains, at minimum: (a) the number and category of orders received from Member State authorities, with median action times, (b) the number of notices received via /dsa/report, broken down by reason category, with median acknowledgement and decision times, (c) the moderation decisions taken on Swiplay's own initiative, broken down by reason category and by enforcement action (demotion, removal, suspension, termination), (d) the internal complaints lodged under section 8 and their outcome, (e) the use of automated detection tools and their accuracy indicators where applicable, (f) the number and outcome of out-of-court dispute resolutions where applicable, (g) the suspensions issued to abusive notifiers and recipients of manifestly illegal content.

Average monthly active users (DSA art. 24-2) — Swiplay publishes, every six months on the same /dsa/transparency page, the average monthly number of active service recipients in the EU for the previous six-month period. The publication is updated by 17 February and 17 August of each year.

11. SWIPLAY mark and swiplay.com domain

Swiplay operates under the "SWIPLAY" word mark and figurative mark, registered with the French INPI under number 5226220. The mark is not owned by Swiplay: it belongs to the president of the Company in a personal capacity and is made available to the Company under a licence agreement approved by the shareholders pursuant to Article L. 227-10 of the French Commercial Code.

The four publishable characteristics of this licence are: non-exclusive, free of charge, indefinite duration, terminable on the conditions set out in the licence agreement. The wordmark image and the other visual derivatives displayed on the platform are exploited within the same licence scope.

The swiplay.com domain name is made available to the Company by its president on the same logic: exclusive use by the Company free of charge for the duration of the president's functions, the holder remaining free to recover the domain on the conditions set out in the licence. The domain is referenced in the platform infrastructure (proxy, image-proxy, authentication callbacks) for purely operational purposes; no ownership is claimed by Swiplay.

Users undertake not to reproduce, modify, or distribute the SWIPLAY mark or its derivatives outside the platform's normal use without the prior written consent of the rightsholder. Any third-party use of the swiplay.com domain (mention, hyperlink, embed) is allowed in compliance with these Terms and with applicable French and international intellectual property law.

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