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These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. 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 legally bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
BY ACCESSING AND USING SWARM’S SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE INDEMNITY PROVISION, AND ANY SUBSEQUENT MODIFICATIONS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE REFRAIN FROM USING OUR SERVICES.
The Apps are provided to you by Swarm Apps (“we,” “us,” “our”), subject to your acceptance of these Terms and Conditions, which also include the terms and conditions of each platform as well as our privacy policy, acceptable use policy, API guidelines, copyright policy, cookie policy, and any other policies and guidelines we may from time to time provide and display online at www.swarmapps.io (our “website”). Your use of our Apps indicates your binding acceptance of these terms and conditions, including any updates or later modifications to the Terms made by us from time to time and shown on our website. All such guidelines, rules, and policies are included herein by reference.
This Agreement only grants you access to and usage of the Apps; it does not offer you a license to use any software. The only uses of the Apps that are permitted by Swarm Apps are those stated therein. In order for our Apps to work effectively, certain information about you may be collected during the installation process. This information may include, but is not limited to, the store name, store domain, first and last names of the shop owner, time zone, and account email and contact details. You guarantee that the information you supply will be accurate, current, and complete (referred to as the “Registration Data”). You also promise to preserve and quickly update the Registration Data in order to keep it accurate, current, and complete as asked from time to time.
We grant you a personal, nonexclusive, non transferable, non-sublicensable, revocable, limited right to access and use our Apps for one store per applicable platform per App, solely for your own internal business purposes, provided you continue to comply with these Terms and meet all applicable payment obligations. You accept that unless we provide you prior explicit permission, you will not use the Apps for any other purpose. We keep all other rights to the Apps reserved.
At any time, with or without prior warning, we retain the right to change or stop offering the Apps (or any portion of them). You acknowledge that, absent any specific provisions in any independent rules regulating certain events or materials, we shall not be responsible to you or any third party for any modification, suspension, or discontinuance of the Apps. We will reimburse a prorated amount of any prepaid payments you may have paid for the Apps if we terminate the Apps (or any part of them) for any reason other than your violation of these Terms.
Adults eighteen years of age or older are the target audience for the apps. You understand and agree that if you are younger than eighteen (18), you are not allowed to use the Apps and you should not use our website.
The Apps may contain data from one or more third-party sources; if any of these sources are utilized, you agree to abide by their terms on third-party licenses and data usage.
The code that is distributed under any of the numerous known variations of open source license terms—such as those that permit the free distribution and modification of the relevant software’s source code or that mandate that all distributors make such source code freely available upon request, including any contributions or modifications made by such distributor—may be found in some application programming interfaces (“API”). This code is commonly referred to as “open source software.” If any Open Source Software is included in an API, you are only granted a license under the terms of the appropriate third-party licensor, not under the licenses specified in this Agreement. You acknowledge and agree to be bound by these terms.
We thus give you a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to install and use the Services in order to run your online store, subject to your compliance with the terms and conditions of this Agreement. This right expires with the end of this Agreement and any other agreements we may have previously given you. You do not acquire any proprietary interest in any Services by virtue of this Agreement; rather, we retain all rights not specifically granted to you.
In accordance with United States copyright laws, international agreements, and other copyright laws, any content displayed or otherwise available on or via the Services, including source code (“Our Content”), as well as the selection and arrangement of Our Content, are protected by copyright.We have obtained the required rights or permissions, or we are the owners of the intellectual property rights, including copyright, in Our Content. Some of Our Content may have been provided to us by third parties under license, or they may have been posted on our website or included in our services. It is strictly forbidden to reproduce, modify, publish, transmit, transfer, sell, distribute, display, or exploit the Services or Our Content in any way, in whole or in part, without obtaining our prior written consent.
Trademarks, service marks, or trade names that are owned by us or others may include certain words, phrases, names, designs, or logos that are made available on or via the Services.It is not implied by the display of such marks on or via the Services that you have been given permission by us or third parties to use them.
Please use our website’s Contact Us feature to let us know if you sincerely think that any content made accessible on or through the Services violates your copyright.
As long as you respect all copyright and other notices contained in such items and do not (and do not permit any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view, and use our website. This license also includes a limited license to download, print, and store single copies of Our Content (other than sWithout our prior written consent or, if applicable, the prior written consent of the third parties from whom such information was received, our Content may not be duplicated, reprinted, or distributed in any way.
We thus give you a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to install and use the Services in order to run your online store, subject to your compliance with the terms and conditions of this Agreement. This right expires with the end of this Agreement and any other agreements we may have previously given you. You do not acquire any proprietary interest in any Services by virtue of this Agreement; rather, we retain all rights not specifically granted to you.
In accordance with United States copyright laws, international agreements, and other copyright laws, any content displayed or otherwise available on or via the Services, including source code (“Our Content”), as well as the selection and arrangement of Our Content, are protected by copyright.We have obtained the required rights or permissions, or we are the owners of the intellectual property rights, including copyright, in Our Content. Some of Our Content may have been provided to us by third parties under license, or they may have been posted on our website or included in our services. It is strictly forbidden to reproduce, modify, publish, transmit, transfer, sell, distribute, display, or exploit the Services or Our Content in any way, in whole or in part, without obtaining our prior written consent.
Trademarks, service marks, or trade names that are owned by us or others may include certain words, phrases, names, designs, or logos that are made available on or via the Services.It is not implied by the display of such marks on or via the Services that you have been given permission by us or third parties to use them.
Please use our website’s Contact Us feature to let us know if you sincerely think that any content made accessible on or through the Services violates your copyright.
As long as you respect all copyright and other notices contained in such items and do not (and do not permit any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view, and use our website. This license also includes a limited license to download, print, and store single copies of Our Content (other than sWithout our prior written consent or, if applicable, the prior written consent of the third parties from whom such information was received, our Content may not be duplicated, reprinted, or distributed in any way.
Our apps are available for purchase on the Shopify Platform (“Subscription”), and access to them requires a membership.
The platform will bill you for payments, which you will then make to the platform in US dollars. The “Commencement Date” is the day that money is initially taken out of or charged to your account.
By using the platform, you provide permission to our merchant account provider or the platform itself to charge your credit card or pull money from your account.
We have the right to suspend or cancel your account and prevent you from using the Apps if your payment and registration information is not accurate, current, and complete and you fail to tell us as soon as such information changes. We may take part in programmes supported by your card provider (such as updater services, recurring billing programmes, etc.) to try to update your payment information if you do not notify us of changes to your payment method (such as credit card expiration date). By doing so, you consent to us continuing to bill your account with the updated information that we obtain and prevent service interruptions.
Until this Agreement is canceled or discontinued, your subscription will be active.
All payments are paid in accordance with the subscription and do not include any sales, goods, or services that are subject to sales tax, state, municipal, or other governmental charges, or any other taxes, fees, or charges that may be imposed now or in the future.
All payments are final and non-refundable, with the exception of the Subscription, which may be canceled by simply uninstalling the Apps from your Shopify store.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites 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 web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
You agree to indemnify and hold Swarm, its affiliates, partners, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
This indemnity provision includes, but is not limited to, any claim or action arising from content you submit, post, transmit, or otherwise make available through Swarm’s services, your use of the services, your connection to the services, or your violation of these Terms of Service.
Swarm reserves the right to take exclusive control and defense of any claim, and you agree to cooperate fully with us in asserting any available defenses. This indemnification is in addition to, and not in lieu of, any other indemnities set forth in any other agreement between you and Swarm.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable \ statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
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.
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.
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.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms 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 a waiver of any subsequent breach.
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.
We reserve the right, at Our sole discretion, to modify or replace these Terms 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.