Terms of Use

These terms of use contain binding provisions regarding dispute resolution. Please read the “dispute resolution” section found within our terms of service carefully, as it may significantly affect your legal rights, including your right to file or participate in a lawsuit filed in court.


Last updated: March 7, 2025

Welcome to the Equityswarm media platform, which includes: equityswarm.com & 

app.equityswarm.com

These terms govern your access and use of the Sites.

You are invited to submit articles, sign up to receive newsletters and RSS feeds, and visit the Sites in accordance with these Terms of Service. These Terms of Service, together with any documents they expressly incorporate by reference, govern your access to and use of the Sites on all platforms, whether accessed via web browser, mobile device, non-browser application, or e-mail, and to our paid subscription service. “You” and “your” refer to you as the user of the Sites. “*.Equityswarm,” “we,” “us” and “our” refer to Red Sky Digital Co., Ltd. T/A Equityswarm Inc. and our successors, partners, affiliates, subsidiaries, and assigns.

By using the Sites, you expressly accept and agree to be bound and abide by these Terms of Service, and our Privacy Policy, incorporated herein by reference. If you do not agree to be bound by these Terms of Service, you may not access or use the Sites.


  1. Changes to the terms of service

Red Sky Digital Co., Ltd. T/A Equityswarm Inc. reserves the right to modify these Terms of Service at any time and will publish notifications of material modifications in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Sites thereafter.

By continuing to access the Sites after notice of such modifications have been published, you signify your agreement to be bound by them. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.


  1. Accessing the sites and account security

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our websites, or the entirety of our websites, to users.

You are responsible for making all arrangements necessary for you to have access to our websites and ensuring that all persons who access the Sites through your Internet connection comply with these Terms of Service.


To access our websites or some of the resources they offer, you may be asked to provide certain details or other information to become a registered user (“Registered User”). It is a condition of your use of the Sites that all the information you provide on the Sites are correct, current, and complete. You agree that all information you provide to register with the Sites or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.


  1. Charges for services

We may charge for access to portions of our websites or to the websites as a whole, and we reserve the right at any time to change the amount we charge for such access or subscription that includes authorization to access the Sites. Therefore, your access to some of the Sites’ content, features, and services may be limited depending on whether you have purchased a subscription. In such event, we will notify you in advance, and give you an opportunity to subscribe (or un-subscribe) to the applicable website(s). You shall pay all applicable taxes relating to the subscription.


  1. Intellectual property rights

Our websites and all of their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Red Sky Digital Co., Ltd. T/A Equityswarm Inc., its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service grant you a personal, non-exclusive, non-transferable, revocable license to access and use of our websites. You may access the material on these websites only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Sites, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your Internet browser, and for features of the Sites that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the Sites. With respect to our mobile applications, you may download a single copy to each of your mobile devices solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Service.


  1. Linking to website and social media platforms

You may link to our homepage or other pages on our websites provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part.


  1. Prohibited use of our websites

You may use our websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our websites:

  • In any way that violates any applicable international law or regulation.

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Service.

  • To transmit, or procure the sending of, any advertising, promotional, or otherwise unsolicited material, including but not limited to any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  • Additionally, you agree not to interfere with or attempt to interfere with the proper working of the Sites, including but not limited to:
  • Use our websites in a manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of our websites;

  • Use any device, software or routine that interferes with the proper working of the Sites; introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites; or

  • Attack our websites via a denial-of-service attack or distributed denial-of-service attack.

Engaging in a prohibited use of our websites may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.


  1. User contributions

Our website may contain features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through our websites.

All User Contributions must comply with the Content Standards set out in these Terms of Service.


Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By posting any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such User Contribution.

You represent and warrant that you own or control all rights in and to the User Contributions, including the right license such User Contributions, and that all of your User Contributions do and will comply with these Terms of Service.


You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Red Sky Digital Co., Ltd. T/A Equityswarm Inc., have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our website.

 
  1. Disclosure, monitoring, and enforcement related to user contributions
  2.  

We have the right to:

 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for Red Sky Digital Co., Ltd. T/A Equityswarm.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
  • Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Service.
  •  

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. You waive and hold harmless red sky digital and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.

 

However, we cannot and do not undertake to review material before it is posted on our websites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

  1. Content standards for user contributions

These Content Standards apply to any and all User Contributions. You are responsible for your own User Contributions, and you agree that, to the best of your knowledge, your User Contributions will be truthful and accurate.

 

You agree that, if a third party claims that any User Contribution you have contributed to one of our websites is unlawful, you will bear the full burden of establishing that the User Contribution complies with all applicable laws.

 

  1. Do not rely on information posted

The content of our website is offered for general information, discussion, and entertainment purposes only. Some of the content is unmoderated and reflects the personal opinions of the User Contributor(s). You should be skeptical about any information on the Sites because the information may be offensive, harmful, and/or wrong. Neither the content of our websites, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by Red Sky Digital Co., Ltd. T/A Equityswarm Inc. or any affiliated person or entity.

 

We do not warrant the accuracy, completeness, or usefulness of the information on our websites. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our websites, or by anyone who may be informed of any the contents herein.

 

Our websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Red Sky Digital Co., Ltd., are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Red Sky Digital Co., Ltd. T/A Equityswarm Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

  1. Copyright policy

Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we agree to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please write to us with details.

 

A notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Sites.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
  •  
  • Disclaimer and limitation on liability

Our websites and any information, products, or services therein are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Red Sky Digital Co., Ltd. T/A Equityswarm Inc. hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

Red Sky Digital Co., Ltd. T/A Equityswarm does not warrant that its websites will operate in an uninterrupted or error-free manner or that the websites are free of viruses or other harmful components. Use of our websites or information obtained from or through the websites is at your own risk.

 

In no event will Red Sky Digital Co., Ltd. T/A Equityswarm, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Sites, any websites linked to the Sites, any content on the Sites or such other websites or any services obtained through the Sites or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Neither Red Sky Digital Co., Ltd. T/A Equityswarm nor its websites are an intermediary, broker/dealer, investment advisor, or exchange, and neither provides services as such.

 

  1. Choice of law and forum

You agree that any dispute arising out of or relating to our website, these Terms of Use, or any content posted to our websites, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of Australia, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue of New South Wales, Australia as the legal forum for any such dispute.

 

  1. Indemnification

You agree to indemnify, defend, and hold harmless Red Sky Digital Co., Ltd. T/A Equityswarm from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms of Service, your use of our website, or your placement of any content onto our websites, and to fully cooperate in Red Sky Digital Co., Ltd. T/A Equityswarm defense against any such claims.

 

  1. Waiver and severability

No waiver of by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

 

  1. Integration

These Terms of Service constitute the entire agreement between you and Red Sky Digital Co., Ltd. T/A Equityswarm with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

 

  1. CONTACT US

If you have any feedback, comments, or questions relating to these Terms of Service or the Sites, please e-mail questions to our webmaster email address.