Terms of Service

 

1. Acceptance and Eligibility

 

a. This is a contract between you and Paysenger Inc., a corporation incorporated in the State of Delaware, USA, having its notices address at 21701 Stevens Creek Blvd #141, Cupertino, CA 95014, USA. References in these Terms to “Swapify”, “we”, “our” or “us”, are to Paysenger Inc. and references to “you”, “your or “user” are to the person with whom Swapify enters into these Terms.
 

b. These Terms apply to your use and access to the Swapify mobile application (“Swapify Application”) and related services. Upon accessing, downloading, using or registering at the Swapify Application, you agree to be legally bound by and to comply with these Terms and all additional terms, policies and agreements incorporated herein by reference and amended from time to time in our sole discretion.
 

c. You hereby acknowledge and agree that when you use the Swapify Application any third-party terms or agreements may apply to your use. For instance, the terms and conditions of the respective mobile applications marketplaces (like, App Store or Google Play) may additionally apply to your use.
 

d. The Swapify Application and related services are intended for users who are at least 18 years old. If you are aware of anyone younger than the required age (18 years) using Swapify Applications, please contact us, and we will take the required steps to delete the information provided by such persons.
 

e. You shall never allow anyone to use your account. If you occasionally allowed your minor child to use your account notwithstanding of the actual form of such allowance (for example, you opened the Swapify Application and allowed your minor child to use, your minor child opened the Swapify Application on your device under your account, etc), you will be fully liable for the usage of this account, any payments related to this account and any personal information, including face data or biometric data. We have the right to suspend or terminate your account that is or was being used by any third person. However, if you allowed any third party to access or use your account in violation of these Terms, you hereby acknowledge and agree to control any activity, generated content and behaviour of such third person, including your minor child, at the Swapify Application as well as you agree with and consent any disclosure of personal data made by this third person, including your minor child, by using this account and/or while generating any content at the Swapify Application.
 

f. In addition to the above, you must have the necessary equipment (cell phone, tablet or other supported device) and the associated telecommunication service subscriptions to access the Internet. The Swapify Application can be accessed directly by a mobile application. Access to the Swapify Application may become degraded or unavailable. We shall not be liable for any losses resulting from or arising out of such delays or unavailableness.
 

2. Definitions

 

a. New Content means the resulting photo or video generated by the Swapify Application after replacing the face in the Target Content with the face detected from the user’s Reference Photo. This content is a transformed version of the original Target Content.
 

b. Reference Photo means a photograph provided by a user, containing their own face image, which is used as a reference for the face detection and replacement process.
 

c. Target Content means a photograph or video that a user either uploads or selects from the content portfolio available within the Swapify Application. The purpose of this content is to undergo face detection and replacement using the face from the Reference Photo.
 

3. Swapify Application

 

a. The Swapify Application is software utilising artificial intelligence algorithms to offer entertainment services. Specifically, the application detects faces in user-submitted Reference Photos and generates New Content by replacing faces in Target Content with those detected from the Reference Photos. The Swapify Application is offered on a self-service basis in accordance with the terms and conditions of these Terms.
 

b. The process of detecting faces on References Photos may affect your data privacy rights, so we highly encourage you to refer to our Privacy Policy to be up-to-date with our personal data processing practices and rules.
 

c. In order to use the Swapify Application you may need to create an account at the Swapify Application (“Account”). When creating an Account, you shall provide a valid email at the time of registration.
 

d. From time to time and without prior notice, we may modify, expand, or enhance the Swapify Application. We also reserve the right, at any time, to discontinue the operation of all or part of the Swapify Application or to selectively disable certain features. Your use of the Swapify Application does not guarantee its continued provision or availability. Any modifications or discontinuations of face replacement functionality or specific features will be at our sole discretion.
 

4. In-app Purchases. Subscriptions

 

a. The Swapify Application offers a subscription-based model that provides access to all main functionalities of the application without limiting the creation of New Content, including the functionality of generating New Content by replacing faces in Target Content (“Subscription”). Subscriptions are available in various durations (e.g., monthly, or yearly). You will be informed of the Subscription fees before you purchase the Subscription.
 

b. We may offer free trial periods for our Subscription. These trial periods allow you to access all Swapify Application’s functionalities available via the Subscription for a specified duration. At the end of the trial period, you will be automatically charged for the Subscription unless you cancel it at least 24 hours before the trial ends.
 

c. All Subscriptions are automatically renewed at the end of your applicable Subscription period, unless you turn off auto-renewal or cancel your subscription 24 hours before its end. You can cancel your Subscription at any time. If you cancel your Subscription during your Subscription period, the Subscription is provided to you until the end of the paid Subscription Period and such Subscription will not be renewed thereafter. However, you will not be eligible for a prorated refund of any portion of the Subscription fees paid for the then-current Subscription period. You must cancel your subscription not later than 24 hours before it renews in order to avoid paying the Subscription fees for the next Subscription period.
 

d. If you purchased a Subscription through the Apple App Store: you may cancel automatic renewals by selecting “Manage App Subscriptions” in your Apple Account settings and selecting the subscription you want to modify, or otherwise in accordance with the then-current functionality of that platform.
 

e. If you purchased a subscription through the Google Play Store: you may cancel automatic renewals by selecting “Subscriptions” in your Google Play Account settings and selecting the subscription you want to modify, or otherwise in accordance with the then-current functionality of that platform.
 

f. Please be aware that your purchased Subscription does not cancel automatically if you delete the mobile application. You should cancel the subscription before the deletion of the mobile application.
 

g. We may from time to time make changes to our Subscription options, including recurring Subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next Subscription period following the date of the price change and, by continuing to use our Subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable Subscription no later than 24 hours before the end of the Subscription period.
 

5. Refund Policy

 

a. Generally, your purchases of Subscriptions are non-refundable, and there are no refunds or credits for partially used periods. In addition, you shall not be entitled to a refund for Subscriptions which use has been blocked, suspended or cancelled for you due to your violation of these Terms.
 

b. The subscriptions purchased via Apple App Store are subject to Apple App Store refund policies, while subscriptions purchased via Google Play Store are subject to Google Play Store refund policies. This means that we cannot grant refunds for such subscriptions. To claim a refund for a subscription purchased via App Store or Google Play, please contact App Store support and learn more about refunds here, or contact Google Play support and learn more about refunds here, accordingly.
 

c. Notwithstanding anything to the contrary herein and subject to mandatory legislation, you acknowledge that we are not required to provide a refund for the purchased Subscriptions for any reason, except for as expressly stated in these Terms, and that you will not receive money or other compensation for the unused purchased Subscription, whether your loss was voluntary or involuntary.
 

6. User Content

 

a. The Swapify Application may allow its users to upload, create, generate, store and share content, specifically, Reference Photo and Target Content, in the form of videos,pictures, photos, create and further download New Content generated by the Swapify Application per request of such users (collectively, “User Content”). We do not claim ownership over your User Content.
 

b. You hereby represent and warrant that you either own all rights, title, and interest in and to your User Content, or have obtained all necessary rights, licenses, consents, and permissions to use User Content you intend to upload to the Swapify Application. You hereby represent and warrant that the User Content you intend to upload to the Swapify Application does not and will not infringe, violate, or misappropriate any third-party intellectual property rights and it is your responsibility to check and ensure this.
 

c. In addition, you hereby represent and warrant that: (i) you agree to pay all royalties, fees, and any other monies owed by reason of your User Content you intend to create derivative works of through the Swapify Application and warrant to us that any usage of third-party User Content is cleared by you with the respective rightholder; (ii) if your User Content depicts third parties, you have received all the necessary consents fromthem to upload their photos to the Swapify Application.
 

d. Solely for the purposes of operating, improving and promoting the Swapify Application, you grant us a non-exclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, temporarily cache, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law (“Swapify License”). The Swapify License you grant us is for the limited purpose of operating, improving and promoting the Swapify Application or if otherwise implied by the using the Swapify Application and our services unless you have provided us with your additional explicit consent for the different purpose where required by applicable law. The Swapify License is time-limited in the sense that it automatically terminates when you delete the User Content from the Swapify Application’s library or by terminating your Account.
 

 

e. You must not upload, edit, create derivative works of or store any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Swapify License described above.
 

f. You hereby represent and warrant that you will not upload, edit, create derivative works of, store or anyhow provide User Content that (“Prohibited Content”):
 

i. is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory;
 

ii. is patently offensive to the online community, such as that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
 

iii. encourages conduct that would be considered a criminal offence or gives rise to civil liability;
 

iv. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copyright-protected devices, or providing pirated music or links to pirated music files;
 

v. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
 

vi. breaches or infringes any duty toward or rights of any person or entity, including rights of publicity or privacy;
 

vii. violates any law, regulation, or court order;
 

viii. contain corrupted data or any other harmful, disruptive, or destructive files; or
 

ix. in our sole judgment, are objectionable, restrict or inhibit any person or entity from using or enjoying any portion of the Swapify Application, or which may expose us, our affiliates, our licensors or our customers to harm or liability of any nature.
 

g. You shall be fully liable and responsible for your User Content. You shall indemnify and hold us harmless in all and any claims and issues as it set out in these Terms.
 

7. Prohibited Conduct

 

a. The Swapify Application gives you the ability to use artificial intelligence (AI) as a tool to create the New Content, and we claim no rights in the New Content you generate through our AI. You are the one to decide how to use the generated New Contentfurther, and you are the one accountable for such use. You must ensure that the way you are using your New Content is not breaking any laws, such as privacy and intellectual property laws, and that such use is not obscene, pornographic, harmful and doesn’t spread harmful misinformation. If you are unsure that your intended use of the New Content would be legal, we advise you being cautious, especially if using for commercial purposes.
 

b. You must not use the Swapify Application:
 

i. for any illegal or unlawful purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
ii. for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
iii. to generate or disseminate verifiably false information and/or content with the purpose of harming others;
iv. to generate or disseminate personal identifiable information that can be used to harm an individual;
v. to defame, disparage or otherwise harass others;
vi. for any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
vii. to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
viii. for any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
ix. to generate or disseminate information for the purpose to be used for the administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
 

c. You must not use the application to generate New Content featuring the faces or likenesses of minors (individuals under the age of 18), or from uploading or using any image of a minor as a Reference Photo for the generation process. Any violation of this rule will result in immediate suspension or termination of your account. We reserve the right to implement additional safeguards, monitoring, and further actions to prevent and address such violations.

d. We have the right to monitor your use of the Swapify Application for any purpose we deem reasonable, including, but not limited to, preventing or getting aware of any criminal actions, money laundering, investigating or checking of a potential violation of these Terms, for quality assurance. We have the right to investigate violations of these Terms or conduct that affects Swapify and to consult and cooperate with law enforcement authorities to prosecute users who violate the applicable law.

e. In the event we found you abusing the Swapify Application, engaging in activities that violate the intended use of our services or violating these Terms, we reserve the right, at our sole discretion, to impose limitations on the services we provide to you, notwithstanding whether you maintain paid subscription or not, including, but not limited to, limiting the number of available generations/requests, delaying the performance of the generation process. Additionally, we may temporarily suspend your account or prevent you from accessing our services for a defined period (e.g., 24 hours, a week) or terminate your access to subscription-based features as a consequence, essentially downgrading your service level.
 

8. Intellectual Property

 

a. The Swapify Application, including any enhancements, derivatives and improvements thereof are the sole property of us. All the text, images, sounds, music, videos, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content that forms a part of the Swapify Application (collectively, the “OurContent”) are the sole property of us, our licensors, and our affiliates.
 

b. We hereby grant you a limited, revocable, non-exclusive, non-transferable license, subject to the terms and conditions of these Terms, to access and use the Swapify Application, including downloading, installing and using on your mobile phones, tablets or other supported devices, and Our Content solely for purposes approved by us from time to time. Any other use of the Swapify Application or Our Content is expressly prohibited and all other right, title, and interest in the Swapify Application or OurContent are exclusively the property of us, our licensors, and our affiliates.
 

c. Nothing in these Terms shall grant you any of such property rights and/or ownership rights and shall not be considered as an assignment of such rights. Other than access to the Swapify Application in accordance with the Terms, we do not in any way grant our users any license or other intellectual property rights. You shall not (nor attempt to) copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the underlying platforms of the Swapify Application or any other part of the Our Content or in any other way manipulate the Swapify Application.
 

d. By providing us with feedback, such as comments, bug reports, or suggestions for improvements on the Swapify Application, by email or by any other means of communication you grant us the unrestricted right to utilize that feedback in any way we see fit, without any further compensation owed to you. Furthermore, you are conferring upon us a long-term, unconditional, non-exclusive, worldwide license to employ the feedback for any purpose.
 

9. Warranties

 

a. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SWAPIFY APPLICATION, AND ANY CONTENT DELIVEREDOR MADE AVAILABLE THROUGH THE SWAPIFY APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SWAPIFY APPLICATION OR THE RESULTS YOU MAY OBTAIN BY USING THE SWAPIFY APPLICATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) THE OPERATION OR USE OF THE SWAPIFY APPLICATION WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (II) THE QUALITY OF THE SWAPIFY APPLICATION OR NEW CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
 

b. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SWAPIFY APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES.
 

c. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE SWAPIFY APPLICATION IS PROVIDED TO YOU ON AN “AS IS”, “AS DEVELOPED” AND “AS AVAILABLE” BASIS.
 

d. YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES AND CONTENT GENERATED, UPLOADED OR DELIVERED BY YOU VIA THE SWAPIFY APPLICATION.
 

10. Limitation of Liability

 

a. IN NO EVENT WE WILL BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (I) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (II) FOR LOSS OF USE, INACCURACY, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOSS OF PROFITS, DATA OR BUSINESS INTERRUPTION; OR (III) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE.
 

b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
 

11. Indemnification

 

a. You will indemnify, defend, and hold us, our affiliates and our/their employees, officers, directors, contractors, agents, and consultants, including but not limited to, financial advisors, accountants and attorneys (collectively “Representatives”) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (ii) your wrongful or improper use of the Swapify Application; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of rules set for User Content and your actions at the Swapify Application; (v) your violation of any applicable law, rule or regulation of any country; and (vi) any other party’s access and/or use of the Swapify Application with your unique name, password or other appropriate security code.
 

12. Release

 

a. To the fullest extent permitted by applicable law, you release Swapify and its affiliates from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
 

13. Disputes

 

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SWAPIFY.

 

You thus give up your right to go to court to assert or defend your rights under these Terms(except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury.

 

You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).

 

Any dispute or claim relating in any way to your use of the Swapify Application shall be resolved in the following manner:

 

a. Informal Process First. You agree to first contact our customer support by email and attempt to resolve the dispute with us informally for a period of 60 days.
 

b. Binding Arbitration. If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Website and/or these Terms, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of these Terms to arbitrate, by binding arbitration.
 

c. Arbitration Tribunal. The American Arbitration Association (“AAA”) will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by The Supreme Court of California located pursuant to the Uniform Arbitration Act. The parties irrevocably consent to the jurisdiction of the courts of the State of California for the purpose of administering an arbitration under the Uniform Arbitration Act. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
 

d. Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
 

e. Location of Arbitration. The arbitration will be conducted in Santa Clara, California, or such other place as chosen by the Arbitration Tribunal.
 

f. Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules. The prevailing party shall be fully reimbursed by the other party for all costs, including reasonable attorneys’ fees, arbitration costs, expert or consultant’s fees and reasonable travel and lodging expenses, incurred by the prevailing party.
 

g. Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
 

h. Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against us.
 

i. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND SWAPIFY AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SWAPIFY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
 

j. ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR SWAPIFY APPLICATION MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND SWAPIFY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
 

14. Governing Law

 

a. These Terms will be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user’s country. This paragraph doesn’t override those laws.
 

15. General Provisions

 

a. Although we intend to provide accurate and timely information on the Swapify Application, such information may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, the Swapify Application or any of our related services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Swapify Application are your sole responsibility and we shall have no liability for such decisions.
 

b. From time to time, we may make available special offers or conduct promotions to all or certain users. Subject to applicable laws, we may establish qualifying criteria to participate in any special promotion at our sole discretion. We may revoke any special offer at any time without notice. We shall have no obligation to make special offers available to all customers.
 

c. All notices and communications by you to us under these General Terms shall be made in writing to e-mail: [email protected] and are effective on the date received (unless the notice specifies a later date).
 

d. These Terms of Service, Privacy Policy , and all other documents incorporated by reference herein and therein, comprise the entire agreement between you and us.
 

e. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
 

f. These Terms are personal to you, you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests and/or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving the Swapify Application.
 

g. If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
 

h. We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
 

i. These Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Terms or other documents shall prevail.
 

j. We may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Swapify Application, or updating the “Last Updated” date of these Terms. By continuing to access or use the Swapify Application, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Swapify Application. We encourage you to frequently review Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Swapify Application.
 

k. Upon termination of these Terms, all sections of these Terms which by their nature should survive termination or expiration will survive.
 

16. Copyright Infringement

 

a. It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any User Content, uploaded, downloaded or appearing on Swapify Application have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from Swapify Application by submitting a written notification to our copyright agent designated below.
 

b. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), such written notice (“DMCA Notice”) must include substantially the following:
 

i. your physical or electronic signature as the copyright owner or as a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed;
ii. identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works (User Content) presented on Swapify Application, a representative list of such works;
iii. identification of the User Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that User Content on Swapify Application (including the provision of links thereto);
iv. information reasonably sufficient to permit us to contact you, such as your name and email address, postal address, and telephone number;
v. a statement that you have a good faith belief that use of the work in the manner complained of is not authorized by you as the copyright owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
 

c. Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within the Swapify Application is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
 

d. Please contact our support team in order to file a complaint at the following address:
Paysenger, Inc., Attn: Copyright Infringement

 

Address – 21701 Stevens Creek Blvd #141, Cupertino, CA 95014, USA

Or at the following email: [email protected]

 

Last Updated on 25 June 2024