Welcome to the next generation mobile service,Swapp! This document describes your rights and our rights related to this Service and the operation of the mobile applicationSwapp and/or the web application Swapp+, with all its related services, so please review these Terms carefully.
The Swapp Service consists of Swapp Software, and other products, services and web sites hosted or made available by Swapp, which enable you to exchange name cards and documents, open third party sites and applications on your mobile device, fix meetings, mark attendance, check accounts, collect loyalty points and many other functions that evolve as we expand. Swapp, Swapp+ and its associated services open up an amazing range of functions hitherto unavailable without specific apps for each function. In exchange for being enabled to use these Services, you agree to abide by these Terms.
The parties to this contract are you and AB INITIATIVES PTE LTD, which is a Limited Liability Company registered in the Republic of Singapore. (Swapp, Swapp+, Swappnow, as applicable, may be referred to in these Terms of Service as “Swapp,” “we” and sometimes “us”).
As Swapp evolves, we may need to update this Terms of Service to keep pace with changes in the Service, our business and laws applicable to us and you. We will attempt to always provide you advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately.. We will post any revisions to these Terms, along with their effective date, at our Site. We may also chose to notify you of changes by sending email to the address you have registered with us and/or as alerts on Swapp mobile service. Your continued use of the Service after any change will be deemed that you agree with, and consent to be bound by, the new Terms.
Download Swapp by ABI from Google Play Store or App Store. Create an account by providing us with a mobile number and creating a unique swapp id for yourself. Responsibility of maintaining the accuracy, completeness and confidentiality of your Account Information will be yours. Responsibility for all activities that occur under your account, including activities of others to whom you have provided your Account Information, will be yours. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team.
Upon registration that include a verification process, swapp will provide you with a swapp card which does not carry any of your personal information. You can create a business card and a personal card using the many options available on the Service.
Obtaining mobile devices and paying for their connectivity and data plans is your responsibility. Swapp also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.
If you share Swapp Service accounts or Informationwith anyone, that other person may be able to take control of the account. We will not have any liability to you (or anyone you share your Account Information with) as a result of your or their actions under those circumstances.
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Swapp Software provided to you by or on behalf of Swapp, for the sole purpose of enabling you to use the Swapp Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the SwappSoftware and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in Swapp or the Service.
You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant Swapp a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, Swapp acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.
In order to enable Swapp to operate the Service, we must obtain from you certain limited license rights to process your Content so that technical actions we take in operating the Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing your Content, unless you give us these rights. Accordingly, by using the Service and uploading Content, you are granting Swapp a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers and other devices) and reproduce such Content to enable Swapp to operate the Service. You also agree that Swapp has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.
You agree that these rights and licenses are royalty free, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for Swapp to make such Content available to, and pass these rights along to, others with whom Swapp has contractual relationships related to the provision of the Swapp Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Swapp determines such access is necessary to comply with its legal obligations.
If you elect to use any third party service or application that is integrated with Swapp, you also agree that the licenses granted to Swapp in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant Swapp the right and license to enable third party access to and extraction of your Content. Swapp does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers.
Inasmuch as we rely upon your rights to upload and distribute your Content, you represent and warrant to Swapp that you have the unfettered legal rights and authority to submit your Content to Swapp, to make any other user, publication or other distribution of that Content in your use of the Service, and to grant the rights granted to Swapp under these Terms.
Finally, you understand and agree that Swapp, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
Use of the Service must be in accordance with these Terms. To use the Service, you agree that you are responsible for your own conduct and all conduct under your account. All Content – such as text, images, software, videos and anything else you can think of, no matter what the form or technical structure (collectively, “Content”) – created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third party application or services integrated with the Swapp Service.
While you own the Content you store with the Swapp Service (subject to third party rights), you acknowledge and agree that Swapp (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on Swapp’s servers and all software deployed by you or a third party to enable capturing of Content originating outside the Service, such as an OCR widget or any of the Swapp software applications for compatible computing devices that enable access and use of the Service through such device (the “Swapp Software”).
In agreeing to these Terms, you also agree that the rights in the Service and Swapp Software, including all intellectual property rights, such as trademarks, patents, industrial designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Swapp Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any Swapp Software, including changes that may affect the previous mode of operation of the Service or Swapp Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use Swapp Basic, you will not enjoy all of the benefits provided to subscribers of Swapp Plus, Swapp Premium or SwappEnterprise.
You also acknowledge that a variety of Swapp actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Swapp has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for Swapp Plus, Swapp Premium, Swapp+ Enterprise or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate.
Swapp may from time to time include as part of the Service and Swapp Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Swapp expressly disclaims any warranty or other assurance to you regarding such third party software.
In connection with any modification of the Service, Swapp may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. Swapp will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Swapp may require you to install the update to continue accessing the Service. In all cases, you agree to permit Swapp to deliver these updates to you (and you to receive them) as part of your use of the Service.
If you are using the Service as part of a Swapp+ Enterprise account, your use of the Service is governed by these Terms, except where the Separate Agreement governing the Swapp+ Enterprise account provides conflicting terms. An Administrator of the Swapp+ Enterprise account has the responsibility to share the terms of such Separate Agreement with each Swapp+ Enterprise account user. Please review the contract terms applicable to your use of the Service with the Administrator of your Swapp+ Enterprise account, if you have access to a Swapp+ Enterprise account.
If you are participating as a user of aSwapp+ Enterprise account, you should know that the Administrator of the Swapp+ Enterprise account has rights to restrict your access to the Content contained within the Swapp+ Enterprise account and also has rights to access, reproduce, distribute and otherwise affect, and impose additional rules regarding, such Content.
In the event alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which we believe to comply with the Copyrights Act ’63 or successor or similar law in effect in the Republic of Singapore. and other applicable laws) is brought to our notice, then we will respond and taken necessary actions. If you believe that your intellectual property rights have been violated, please notify us and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and Swapp does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.
The Swapp Service is available in many countries, but our data processing operations take place in the cloud servers. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content), through computer networks owned or leased by Swapp and third parties located in Singapore, India, United States and other countries. As a result, your use of the Service will likely result in possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.
You may deactivate your account with our Service at any time, for any reason (or no reason), and you don’t even have to give us notice.
Swapp may take action to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for Swapp suspending or closing your account may include, without limitation: (i) breach or violation of these Terms or any Separate Agreement, (ii) an extended period of inactivity (determined in Swapp’s sole discretion), (iii) your nonpayment of any fees or other sums due toSwapp or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use.
In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
Our business model is such that the Service is available free of cost to end users and available to premium users and enterprise users on subscription as a Paid Service. However, we may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties. We also provide announcements within the Swapp Software. These messages may promote other Swapp products and servicesevents, demonstrate various uses of our Service and promote certain third party applications and services that work with Swapp.
Inasmuch as some advertising or other messaging content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we 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 use of or reliance on any such content, materials or applications.
You agree to indemnify and hold Swapp, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAPP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SWAPP DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED, PRODUCTS PURCHASED FROM SWAPP OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWAPP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWAPP, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF SWAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE OR RELATED TO THE SWAPP MARKET; (v) SWAPP’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE OR OFFERING PRODUCTS IN THE SWAPP MARKET; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.