Terms of Service

Terms of Service of Swift Backup

Version 1.0, Effective Date: 06/Jul/2017

Please read this Terms of Service agreement (the “Terms”) carefully. By using Swift Backup (“Application”) in any way, completing the registration process, and/or merely using the Application, including using the services and resources available or enabled via the Application (the “Service”), you indicate that (1) you have read, understand, and agree to be bound by the Terms, (2) you are of legal age to form a binding contract with SwiftApps.org (“SwiftApps”), and (3) you have the authority to enter into the Terms personally or on behalf of the company you have named as the customer, and to bind that company to the Terms. The term “you” refers to the individual or legal entity, as applicable, identified as the customer when you registered in this Application. If you do not agree to be bound by the terms, you may not access or use this Application or the Service.

The terms of use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Please note that the terms are subject to change by SwiftApps in its sole discretion at any time. When changes are made, SwiftApps will make a new copy of the Terms of Service available in the Application and our official website. We will also update the "Effective Date" at the top of the Terms. If we make any material changes, and you have registered to use the Service, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Application or Service and will be effective thirty (30) days after posting of notice of such changes or the website for existing users, provided that any material changes shall be effective for users who have a registered account in the Application (each, a "Registered User") upon the earlier of thirty (30) days after posting of notice of such changes on the Application or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. SwiftApps may require you to provide consent to the updated Agreement in a manner specified before further use of the Application or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Application and/or the Service. Otherwise, your continued use of the Application and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE APPLICATION TO VIEW THE THEN-CURRENT AGREEMENT.

Application License

Subject to your compliance with the Terms, SwiftApps grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.

Any copying or redistribution of the Application is prohibited, including any copying or redistribution of the Application to any other server or location, redistribution or use on a service bureau basis. If the Application is a pre-release version, then you are not permitted to use or otherwise rely on the Application for any commercial or production purposes.

Restrictions

The rights granted to you in the Terms are subject to the following restrictions:

  • You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Application
  • You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Application
  • You shall not attempt or engage in, any potentially harmful acts that are directed against the Application, including but not limited to violating or attempting to violate any security features of the Application, using any manual or automated Application, piracy assisting apps, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “hack” or bypass premium purchase checks from the Application, or introducing viruses, worms, or similar harmful code into the Application;
  • No part of Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means
  • You shall not use the Application in any manner that could damage, disable, overburden, or impair SwiftApps’ systems or networks, or interfere with any other party’s use and enjoyment of the Application, including without limitation, by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Application;
  • Any future release, update or other addition to the Application shall be subject to the Terms. SwiftApps, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Application terminates the licenses granted by SwiftApps pursuant to the Terms.

Registering Your Account.

To use the Application, you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account in the Application (“Account”).

In registering for the Service, you agree to represent that you are

  • At least thirteen (13) years old and of legal age to form a binding contract
  • Not a person barred from using the Service under the laws of the India or your place of residence or any other applicable jurisdiction. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Application by minors
  • SwiftApps has the right to suspend or terminate your Account and refuse all current or future use of the Application (or any portion thereof). You agree not to create an Account or use the Application if you have been previously removed by SwiftApps, or if you have been previously banned from the Service.

External Fees/Charges

You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Application.

Types of Content

You acknowledge that all information, data, text, Application, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Application, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not SwiftApps, are entirely responsible for all Content that you upload, post, e-mail, transmit through the Application (“Your Content”). As a condition of use, you agree not to use the Application for any purpose that is prohibited by the Terms or by applicable law.

Fees and Purchase Terms

  • Sale of Service, not Application: All fees paid by you under the Terms shall be considered solely for sale of Service and not the Application. In no way are these fees paid considered payment for the sale, license, or use of the Application.
  • Payment: You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. SwiftApps reserves the right at any time to change its prices and billing methods.
  • Refunds: Except as set forth in the Terms, all fees for the Services are non-refundable
  • Automatic Renewal: Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at SwiftApps’ then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least 24 hours prior to the Renewal Commencement Date. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Application Is Provided As-Is

CONTINUED UPDATES & SUPPORT FOR THE APPLICATION IS SOLELY ON THE DISCRETION OF SWIFTAPPS. SWIFTAPPS CANNOT GUARANTEE THAT YOUR CONTENT WILL BE SAFE FROM OUTSIDE ATTACKS, HACKERS, OR OTHER WAYS OF ACCESSING YOUR CONTENT ON THE FILE SYSTEMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK, AND THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SWIFTAPPS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SWIFTAPPS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE APPLICATION, THE APPLICATION, THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SWIFTAPPS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SWIFTAPPS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY SWIFTAPPS BECAUSE OF YOUR USE OF THE SERVICE DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE ON WHICH YOU FIRST ASSERT YOU CLAIM.

Breach.

If SwiftApps determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, SwiftApps reserves the right to:

  • Warn you via e-mail (to any e-mail address you have provided to SwiftApps) that you have violated the Terms
  • Delete any of Your Content provided by you or your agent(s) to the Application
  • Discontinue your registration(s) with the Application
  • Pursue any other action which SwiftApps deems to be appropriate

Release

You hereby release SwiftApps and its successors from claims, demands, all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage of any kind arising relating to or because of the Terms or your use of the Website, the Application, the Application, or the Service.

Questions, Complaints, and Claims

If you have any questions, complaints, or claims, please contact us at: support@swiftapps.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.