Terms of Service

Provider

Swiftlet Labs Ltd, a company registered in England and Wales

Governing law

The laws of England and Wales

Minimum age

18 years

Disputes

The courts of England and Wales

1. The agreement

These Terms of Service (the "Terms") govern your access to and use of the websites, applications, and services operated by Swiftlet Labs Ltd, a company registered in England and Wales ("Swiftlet Labs", "we", "us"). Those websites, applications, and services are referred to collectively as the "services".

By creating an account, or by accessing or using any of the services, you agree to these Terms. If you do not agree to them, you may not use the services.

The following documents are incorporated into these Terms by this reference and form part of the agreement between you and us:

• The Acceptable Use Policy, which governs how the services may be used
• The Refund Policy, which governs the return of amounts paid
• The Privacy Policy, which governs our handling of personal information

Where a provision of the Privacy Policy conflicts with these Terms in respect of personal information, the Privacy Policy governs.

Where a service is provided under its own additional terms, those terms apply to that service in addition to these. In the event of conflict, the service-specific terms govern, and only for that service.

2. Eligibility

You must be at least 18 years of age and capable of forming a binding contract in order to hold an account. The services are not directed at children, and we do not knowingly permit their use by anyone under 18.

If you use the services on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms, and "you" refers to that organisation.

3. Your account

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. Where we offer multi-factor authentication for a service, we recommend that you enable it.

You must notify us promptly at security@swiftletlabs.com on becoming aware of any unauthorised access to your account.

We are not liable for loss arising from your failure to secure your account, including loss caused by credentials you have disclosed, reused, or otherwise failed to protect.

You must provide accurate account information and keep it current. We may suspend an account where the information held for it is materially inaccurate and has not been corrected following a request.

4. Acceptable use

Your use of the services is subject to the Acceptable Use Policy, which is incorporated into these Terms. A breach of that policy is a breach of these Terms.

We may amend the Acceptable Use Policy in accordance with Section 13. The version in effect at the time of your use governs that use.

5. Monitoring, suspension, and termination

We may monitor use of the services to the extent necessary to operate them, to enforce these Terms and the Acceptable Use Policy, to protect the security and integrity of our infrastructure, and to comply with law. The information we collect and retain in doing so is described in the Privacy Policy.

We may suspend or terminate your access to the services, in whole or in part, where:

• You are in breach of these Terms or of the Acceptable Use Policy
• Your use of the services is causing, or is reasonably likely to cause, material harm to the services, to our infrastructure, or to other customers
• We are required to do so by law or by a competent authority
• Amounts due in respect of a paid service remain unpaid following notice

In all other cases we will ordinarily provide notice and a reasonable opportunity to remedy the breach before suspending or terminating access.

You may cease using the services and close your account at any time. Where you have paid for a service, the Refund Policy governs whether any amount is returned to you.

On termination, your right to access the services ends. We will delete or de-identify data associated with the account in accordance with the retention practices described in the Privacy Policy, except where retention is required by law. Data associated with an account terminated for breach of these Terms may be retained where relevant to an investigation, a legal claim, or a regulatory obligation.

6. Your content

You retain ownership of the content you submit to, store in, or transmit through the services ("your content"). We claim no ownership of it.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, reproduce, and display your content solely to the extent necessary to operate and provide the services to you and to comply with law. That licence is granted for no other purpose. It terminates when your content is deleted from the services, save to the extent your content persists in routine backups for the period described in the Privacy Policy.

You are responsible for your content, including for holding the rights necessary to submit it and for its compliance with applicable law.

We do not use your content to train machine learning models. We do not sell it, and we do not make it available to third parties for their own purposes.

Where a service is designed to transmit content to recipients you specify, you acknowledge that we exercise no control over what those recipients do with it.

7. Our intellectual property

The services, together with all software, design, text, and other material we provide as part of them, are owned by us or by our licensors and are protected by intellectual property law. Save for the rights expressly granted in these Terms, no licence is granted to you.

You may not copy, reproduce, or reuse any portion of the source code, markup, styling, or visual design of the services without our prior written permission. Our names, logos, and marks may not be used without permission, except as permitted by the terms published on our brand page.

8. Paid services

Certain services are offered on a paid basis. Where they are, this section applies.

Fees are stated at the point of purchase and are payable in advance unless we state otherwise. You authorise us, or our payment processor, to charge the payment method you provide for all amounts due.

Paid plans renew automatically for successive periods of equal length until cancelled. You may cancel at any time prior to a renewal in order to prevent it. Cancellation takes effect at the end of the period for which you have paid and does not terminate the current period.

Fees are exclusive of taxes. You are responsible for any sales, use, value-added, or similar taxes arising in respect of your purchase, other than taxes on our income.

We may change the fees applicable to a service. Where a change affects a plan you already hold, we will give you not less than 30 days' notice before it takes effect on renewal, and you may cancel before that date.

Where payment fails or an amount remains unpaid, we may suspend the paid features of the service following notice and a reasonable opportunity to pay.

Refunds are governed by the Refund Policy.

9. Availability and changes to the services

The services are provided on an "as is" and "as available" basis. We do not offer a service level agreement, and we do not warrant that the services will be uninterrupted, timely, secure, or free from error.

We may modify, add to, or discontinue features of a service. Where we intend to discontinue a service for which you are paying, we will give you reasonable notice and, where practicable, a means of exporting your content before access ends.

10. Disclaimer of warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

No advice or information obtained from us, whether oral or written, creates any warranty not expressly stated in these Terms.

11. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, nor for any loss of profits, revenue, data, business, or goodwill, arising out of or relating to these Terms or your use of the services, whether founded in contract, tort, or any other theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the services will not exceed the greater of one hundred pounds sterling (£100) and the total amount you paid us for the service giving rise to the claim in the twelve months preceding the event giving rise to it.

Liability we do not exclude. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

If you are a consumer. Nothing in these Terms affects your statutory rights, and we do not exclude or limit our liability under the Consumer Rights Act 2015 for services not supplied with reasonable care and skill. We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms, but not for loss or damage that is not foreseeable.

Certain jurisdictions do not permit the exclusion of particular warranties or the limitation of particular damages. Where that is the case, the exclusions and limitations in these Terms apply only to the extent permitted.

12. Indemnification

If you use the services in the course of a business, you agree to indemnify and hold harmless Swiftlet Labs Ltd and its directors, officers, employees, and agents against any claim, demand, loss, or expense, including reasonable legal fees, brought by a third party and arising out of your content, your use of the services, or your breach of these Terms. This section does not apply if you are a consumer.

13. Changes to these Terms

We may amend these Terms. Where an amendment is material, we will give notice before it takes effect, by email to the address held for your account or by notice within the services. The notice period will be not less than 30 days, unless a shorter period is required by law or is necessary to address a security or legal risk.

Amendments that are not material take effect on publication. The date at the top of this document reflects the current version.

Your continued use of the services after an amendment takes effect constitutes acceptance of it. If you do not accept an amendment, you must cease using the services, and you may close your account.

14. Governing law

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of England and Wales.

If you are a consumer, nothing in this section deprives you of the protection of the mandatory laws of the country in which you live, and you may bring proceedings in the courts of that country.

15. Dispute resolution

Informal resolution first. Before either party commences formal proceedings, the party raising the dispute must send the other a written description of the dispute and of the relief sought. Notice to us is to be sent to legal@swiftletlabs.com. The parties will then attempt in good faith to resolve the dispute for a period of 30 days from that notice. We ask you to take this step first, but it does not prevent you from going to court, and it does not affect any time limit that applies to your claim.

Jurisdiction. Subject to the paragraph below, the courts of England and Wales have exclusive jurisdiction in respect of any dispute arising out of or in connection with these Terms.

If you are a consumer. You may bring proceedings in the courts of the country in which you live, and we will bring any proceedings against you in those courts. Nothing in these Terms affects your statutory rights, including your rights under the Consumer Rights Act 2015 if you live in the United Kingdom.

Alternative dispute resolution. If you are a consumer and we cannot resolve a complaint between us, you may be entitled to refer it to an alternative dispute resolution provider. We will tell you where to go if that point is reached.

16. General

Entire agreement. These Terms, together with the documents incorporated into them, constitute the entire agreement between you and us in respect of the services and supersede any prior agreement or understanding on that subject.

Severability. If any provision of these Terms is held unenforceable, that provision will be limited to the minimum extent necessary and the remainder will continue in full force.

No waiver. Our failure to enforce any provision does not waive our right to enforce it subsequently.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate, or in connection with a merger, acquisition, or sale of assets.

No agency. These Terms create no partnership, joint venture, employment, or agency relationship between the parties.

Force majeure. Neither party is liable for a failure to perform caused by circumstances beyond its reasonable control.

Notices. We may give notice to you by email to the address held for your account or by notice within the services. Notice to us must be given to legal@swiftletlabs.com.

17. Contact

Questions concerning these Terms may be sent to legal@swiftletlabs.com.

Reports of misuse of the services should be sent to abuse@swiftletlabs.com. Suspected security vulnerabilities should be reported to security@swiftletlabs.com.