Premium Subscription Agreement

Last update: 13-04-2020

 

1. Introduction

Swabit Premium Subscription is an agreement between Swabit B.V. (“Swabit”, “We”, “Us”, or “Our”) and the entity you represent (“You” or “Your”), defined according to the data You provided in the online form (“Swabit Premium Online Form” or “Form”). We will refer to Swabit and You as “Party” and together as “Parties”.

Swabit Premium Subscription consists of:

  • Swabit Premium Online Form;
  • Terms of Use;
  • Privacy Policy;
  • the present Swabit Premium Subscription Agreement.

The complete set of the mentioned documents (all together the “Agreement” or the “Subscription”) states the rights, rules and regulations that bond You and Us about Swabit Premium Subscription. By joining the Agreement, You state that:

  • the data You provided, or you’re going to provide, on Swabit Premium Online Form are real and correct;
  • In case You operate on behalf of a company, You are entitled to represent the company mentioned in the Form (the “Company”);
  • You have read and accept the Terms and Conditions;
  • You have read and agree with the Privacy Policy;
  • You have read and agree with Swabit Premium Subscription.

The Agreement is effective starting from the date We provide You the confirmation of Your Subscription or, if applicable, the date on which Your Subscription gets renewed.

This Agreement is published and officially available on-line (www.swabit.app/subscriptions) and You agree that We can change it from time to time. If We do so, and if the variations affect some of the core rights You are getting from the subscription of the Agreement, We send you a communication by e-mail from sales@swabit.app to the email address You inserted in the Form. From that moment, you have 7 working days to terminate the Agreement, if You don’t agree with the changes. Once this period has elapsed without You having terminated the Subscription, it will automatically be considered valid under the new conditions and continue until its natural expiration.

2. Swabit Freeware Services

Before detailing Swabit Premium Extra Services, let’s list the standard main features available on the Freeware version of Swabit:

  • Creation of unlimited number of Communities
  • Maximum 50 Users per each Community
  • Community not visible on the map
  • Single geo-localization for every Community
  • Three standard Channels per each Community
  • Access to three standard Post templates

During launch or improvement phases, some of the aforementioned features could be exceptionally expanded or extended, but these exceptions are limited both in the assortment of features and in the duration.

3. Swabit Premium Extra Services

As a Premium User, You can have access to three different settings of supplementary features and services (“Extra Services”) according to Your choice on the Swabit Premium Online Form (“Premium Options”). The indication of the Premium Option You choose is a necessary condition for Your Premium Subscription. See www.swabit.app/products for the ultimate details about Premium Options, Extra Services and Service Costs.

Once You subscribe the Agreement, We grant You the following Extra Services according to the Premium Option You chose:

3.1 Swabit Premium PLUS:

  • All Freeware features

augumented with

  • Unlimited number of Users per each Community

3.2 Swabit Premium PRO:

  • All Premium PLUS features

augumented with

  • Community can be set as visible on the map
  • Multiple geo-localization for every Community
  • Unlimited Channels per each Community
  • Access to all new Post templates

3.3 Swabit Premium BRAND:

  • All Premium PRO features

augumented with

  • Branded web-portal to support company identity and ease Community management

4. Terms of the Extra Services

Apart from the above mentioned Premium Options, Swabit offers different Tariff Plans, monthly or annual, giving rise to the following opportunities:

4.1 Monthly Premium Subscription (for PLUS and PRO)

4.1.1 Duration

Agreement shall be concluded for a period of 12 months. Period of validity shall be automatically extended by another 12 months, if none of the parties are exercising their rights to terminate the Agreement.

4.1.2 Termination

Each party may terminate the Agreement, without indication of reasons, after the first three months, by giving notice 1 month prior to the termination date. Once again: termination date cannot be earlier than the first three months starting from the Subscription date and must be notified with 1 month notice. Termination must be made in written form by email to sales@swabit.app from the email address You inserted in the Form.

4.2 Annual Subscription (for PLUS, PRO and BRAND)

4.2.1 Duration

Agreement shall be concluded for a period of 12 months. Period of validity shall be automatically extended by another 12 months, if none of the parties is exercising its rights to terminate the Agreement.

4.2.2 Termination

Each party may terminate the Agreement, without indication of reasons, by giving notice 1 month prior to the end of the contract period. Termination must be made in written form by email to sales@swabit.app from the email address You inserted in the Form.

4.3 Termination by Swabit for good cause

We will be authorized to terminate the contractual relationship for good cause without adhering to a given timeframe. Such good cause is shown if, amongst others, You are in arrears for payment. Such good cause can also exist if You violate Terms of Use to a significant degree and in spite of having been warned. A further important cause that may lead to barring or immediate termination is present if You create Content that does not clearly respect the Content Policy (see section “Content Policy” in Our Terms of Use”) or that could jeopardize the security of the Service.

4.4 Limited Offer

We may promote time-limited campaigns partially modifying the Terms of the Extra Services. Check on www.swabit.app/products if there is any Limited Offer in progress. In any case, if such initiatives were launched in the future, they would not have retroactive effect on the conditions established on the date of subscription of this Agreement.

5. Payment

Unless differently agreed between the Parties, You may purchase a Premium Subscription via the website www.swabit.app/products. The payment will be thus completed through the system that You enter in the appropriate Form. Once You register for a Premium Subscription, You also authorize Swabit to charge You on a yearly or monthly basis – according toYour Tariff Plan as stated in the previous chapter – until You cancel. Payment for the Services is made in advance.

6. Extra Service Costs

6.1 Monthly Premium PLUS

Subscription costs € 9.99 + VAT per month.

6.2 Annual Premium PLUS

Subscription costs € 95.66 + VAT per year.

6.3 Monthly Premium PRO

Subscription costs € 99.00 + VAT per month.

6.4 Annual Premium PRO

Subscription costs € 948.00 + VAT per year.

6.5 Annual Premium BRAND

Subscription costs € 4,999.00 + VAT per year.

6.6 Price Changes

We may change the Service Costs for Premium Subscription from time to time and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription and/or renewal period following the date of the price change. If You do not agree with a price change, You have the right to reject the change by unsubscribing from the Premium Subscription prior to the price change going into effect. By continuing to use the Service after the price change takes effect, You accept the new price.

6.7 Limited Offer

We may promote time-limited campaigns partially modifying the Costs of the Extra Services. Check on www.swabit.app/subscription if there is any Limited Offer in progress. In any case, if such initiatives were launched in the future, they would not have retroactive effect on the conditions established on the date of subscription of this Agreement.

7. Miscellaneous

7.1 Notices 

Notices must be in writing and will be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier or fax confirmation of delivery. Notices to Us must be sent to the following address:

Swabit B.V.
Weena 323
3013 AL, Rotterdam
The Netherlands

Email: sales@swabit.app

We may send notices and other information to You by email or other electronic form.

7.2 License Transfers and Assignment.

You may not assign this Agreement either in whole or in part or transfer licenses without Swabit’s consent.

7.3 Severability.

If any part of this Agreement is held unenforceable, the rest remains in full force and effect.

7.4 Waiver.

Failure to enforce any provision of this Agreement will not constitute a waiver.

7.5 No agency. 

This Agreement does not create an agency, partnership, or joint venture.

7.6 No third-party beneficiaries.

There are no third-party beneficiaries to this Agreement.

7.7 Applicable law.

This Agreement is governed by Dutch law, without regard to its conflict of laws principles.

7.8 Force majeure.

Neither party will be liable for any failure in performance due to causes beyond that party’s reasonable control such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Online Services).

7.9 Contracting authority.

If You are an individual accepting these terms on behalf of an entity, You represent that You have the legal authority to enter into this Agreement on that entity’s behalf. If You specify an entity, or You use an email address provided by an entity You are affiliated with (such as an employer) in connection with the Premium Subscription purchase or renewal, that entity will be treated as the owner of the Subscription for purposes of this Agreement.

7.10 Government customers.

Government customers should consult with Swabit prior to acceptance. By accepting this Agreement, You represent that You have complied and will continue to comply with all applicable laws and governmental procurement requirements.

 

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