Terms of Service
These Swilty Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with swilty.com ("Service"). ("Swilty", "Swilty Platform", "Company", "us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and us. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you access our websites or use our Service and tells you about your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using our Service.
Eligibility
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from our Service and (iii) that your use of our Service is in compliance with any and all applicable laws and regulations.
Indemnity
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and us hold harmless and our officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Company Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
Fair use
We will use commercially reasonable efforts to provide all plan levels with sufficient capacity for the analytics data, number of websites, and other plan features that we determine are typical of accounts at that plan level. We will notify you if your usage is unreasonable, and we may at our sole discretion and at any time shut down and terminate our Service if your usage is creating an unreasonable burden on our infrastructure and/or business operations.
Third-party websites
The Service may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
License grant to us
By submitting, posting, or publishing your content, suggestions, enhancement requests, recommendations, feedback, information, data, or comments (“Content”) to our Service, you are granting us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, incorporate, exploit, display, perform, reproduce, distribute, and prepare derivative works of your Content. You will retain ownership of your Content, however, any use of your Content by us may be without any compensation paid to you. By submitting, posting, and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
Prohibited uses
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that could damage, disable, overburden, disrupt or impair any of our servers or APIs, or any networks connected to any of our server or APIs, or that could interfere with any other party's use and enjoyment of any Service. You may not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of Service. You may not exceed or circumvent, or try to exceed or circumvent, limitations on the Service, including on any API calls, or otherwise use the Service in a manner that violates any Swilty documentation or user manuals. You may not attempt to gain unauthorized access to any Service, other accounts, computer systems, or networks connected to any Swilty server or to any of the Service through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You may not use the Service in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Our Service is not intended for providing alerts on disaster scenarios or any other situations related to health or safety in any way. This includes but is not limited to natural disasters, acts of terrorism, or emergency responses, and you shall not use our Service for any such purposes.
Limitation of liability
In no event will the company entities be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the company entities have been informed of the possibility of such damage.
Disclaimers, no warranties
The service are made available to you on an "As is" and "As available" basis, with the express understanding that the company entities have no obligation to monitor, control, or vet the content or data appearing on the service. As such, your use of the service is at your own discretion and risk. The company entities make no claims or promises about the quality, accuracy, or reliability of the service and expressly disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee changes
We may, at our sole discretion and at any time, modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
To avoid being charged for your Subscription, you must cancel the Subscription before your renewal date. Otherwise, you’ll be charged and will retain access to the Service through the end of the Billing Cycle.
Except when required by law, paid Subscription fees are non-refundable. However, you may contact our support team and at our sole discretion we may issue a refund on a case-by-case basis.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Disputes resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute the waiver of any subsequent breach.
Translation interpretation
These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to these Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact us
If you have any questions you can contact us by sending us an email at support@swilty.com.
Last updated: Jan 21, 2023.