Terms of Use

Last update: 27-04-2020

 

1. Introduction: who we are and what we believe in

Welcome to Swabit!

Swabit B.V. is a company incorporated in the Netherlands (“Swabit” or “We” or “Us” or “Our”) that developed and keeps developing digital tools (the “Swabit Tools” or simply the “Tools”) and provides the related services (“Swabit Services” or “Services”).

Scope of the Tools is to allow people to connect with places and local communities around them according to their interests. Communities can be created by Users using the standard freeware set of Swabit features or by “Premium Users”. Premium Users are the ones who purchased extra Swabit features – normally business owners – to allow themselves and other Users to get the best experiences and opportunities in their surroundings. The contents created by Swabit Premium Users can be visible on an interactive digital map.

In this way We bring people, services and places together.

These Terms of Use (or “Terms”) inform You (or “the User/Premium User” or “Your” or “Yours” or “Their” or “Theirs” ) about the rules that govern our community and also both Your and Our rights before You use Swabit Tools.

Please take a few moments to read these Terms carefully before enjoying the Tools, because once You access or subscribe to them, You declare that You have read an accepted all the Terms, You are legally bound by these Terms and therefore held responsible for any eventual wrongful use of the Tools.

2. Acceptance of Terms of Use

By creating a Swabit Account or by subscribing to a Swabit Tool (“Access/ing the Services”), You agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and (iii) any term disclosed to You if You purchase or have purchased additional features (see section “Premium Users”).

If You do not accept and agree to be bound by all of these Terms You cannot use the Tools nor the related Services offered by them.

We may make changes to these Terms and to the Services from time to time. We may do so for different reasons, including to reflect changes in or requirements of the law, new features, or changes in business practices.

By Accessing the Services, You give Swabit the right to use Your email address for any communication regarding updates and changes to our Terms of Use and Privacy Policy, as well as new features and any other matter that affects Your rights and obligations or that is related to the correct use of the Tools.

If You deny Us this right, the Service will be immediately terminated.

The most recent version of these Terms of Use will be posted on the Swabit website at the link https://swabit.app/terms_of_use/, which is the version that applies, so You should regularly check for the most recent version.

If any update includes changes that affect Your rights or obligations, Swabit will notify You in advance of the changes through the Tools, the Services or via email and if You continue to use the Services after the changes become effective, then You agree to the revised Terms of Use.

3. Who can Access the Services

You must be at least 16 years of age to Access and/or use Swabit Services. If it comes to Our attention that an User under the age of 16 is Accessing and/or using the Services, it will result in the immediate block of the credentials related to that User (the “Account”) and the termination of the related Services without any refund, in the case of paid Services.

By Accessing and/or using the Services, You state that:

  • You are 16 years of age or older;
  • You can enter into a binding contract with Swabit;
  • You have never been convicted of a felony, a sex crime, or any crime involving violence;
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules and regulations.

4. Limits on Liability

We will use reasonable skills and care in providing Our Services to You and in keeping a safe, secure, and error-free environment, but We cannot guarantee that our Services will always function without disruptions, delays, or imperfections.

To the maximum extent permitted by applicable law, Swabit shall not be liable for:

(a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever;

(b) loss of: profits, revenue, data, use, goodwill, or other intangible losses;

(c) damages relating to Your access to, use of, or inability to access or use the Services;

(d) damages relating to any conduct or content of any third party or subscriber using the Services, including without limitation, offensive, inappropriate, obscene, unlawful, or otherwise objectionable conduct or content; and/or

(e) damages in any manner relating to any content. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Swabit has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.

To the maximum extent permitted by applicable law, the total liability of Swabit, for any claim under these Terms of Use, including for any implied warranties, is limited to the greater of one hundred euros (€100.00) or the amount you paid Us to use the applicable services.

5. Swabit App

Swabit App is a mobile application for Android and iOS smartphones.

5.1 Your Account

In order to Access and/or use Swabit App (or the “App”), You will have to create a Swabit Account, so here are some general rules to keep in mind:

  • You are solely responsible for the activities that occur on Your Account, and You must always keep Your login information secure.
  • You are encouraged not to create more than one Account. Using different Accounts for malicious intentions and/or wrongful activities (see section “Community Rules”) will result in the immediate suspension of said Account and also possible penalties in accordance to applicable laws, rules, and regulations.
  • You may never use other User’s Account without permission.
  • You will not create an Account referring to a business entity unless You are a Premium User.
  • If You think Your Account has been used unauthorizedly, please let Us know (see section “Contact Us”) as soon as possible!

5.1.1 User Verification

When You use the App for the first time, You must create a Swabit Account. To do so You are asked to give Your e-mail address and create a password, so that a verification e-mail can be sent to You. When it happens, just follow the few simple steps that are listed there to finalize the creation of Your new Account.

5.1.2 Username and Profile Picture

 We may ask You to pick a Username and add a Profile Picture when creating Your Account.

Those can be both displayed to the other Users. You don’t necessarily have to use Your first or last name and Your picture, but We recommend You do if You want to be easily recognized!

When choosing Your Username and Profile Picture, We remind You that, as clearly stated in Our section Community Rules, You cannot pretend to be another person or entity that You are not, nor use foul language or explicit pictures.

You can change Your Username and Profile Picture anytime You please but, when required, You are not allowed to leave them blank, since both can be required fields to use the Services.

We remind You that if You are not a Premium User, You cannot create an Account referring to any type of business entity: for example, You cannot use the name of a company as Your Username and/or its logo as Your Profile Picture.

5.2 Your Content

You can create many different contents on Swabit App (“Content”). Here is a quick, non-exhaustive and easy description of some of the objects you can create or interact with on the App:

  • Community: virtual space characterized by a cover image, a title, a description, a distinctive logo, one or more geo-locations, a list of members. Communities can be accessible to all Users (Public Community) or may request the creator’s previous permission to be accessed (Private Community). They can also be visible on the map or not.
  • Channels: categories within the Communities to aggregate posts with criteria chosen by users.
  • Post: element inside a Channel consisting of multi-media components like photos, text, small descriptions, etc. The post can be visible by other Users in the same Community or by everyone. Users can interact with Your Posts by leaving a like or a comment on them.
  • Comments: text added to an existing post.
  • Messages: text sent or received to or from one User to another on a chat session
  • Profile: set of basic information regarding each User and consisting of Your Username, a Profile Picture, as well as a small introduction of You.

More details about Contents can be found in the section “Content Policy”. Please also read section “Community Rules” to be sure the Content You create is always safe and appropriate, and doesn’t violate these Terms of Use.

5.3 Content Policy

You retain all rights and You are solely responsible for anything that You create, including Profile, Communities, Channels, Posts, Comments, Messages on Swabit App (“Contents”). That means that We do not claim ownership of any of Your Content but You authorize Us to use and process it according to the App functionalities. In particular, You give Us permission to use Your Username, Profile Picture and information about Your Contents and Your activities – such Community creations and interactions, Post creations and interactions, Likes, Comments, etc. (the “Activities”) –  and to share it among the people who are using the App.

Once again, You are solely responsible for Your use of the Services and all Activities that take place on Your Swabit Account as well as Your interactions with other Users, including compliance with applicable laws, rules, and regulations. Your Content can be visible to other Users of the App instantly— so make sure You are comfortable sharing Your Content before You post anything.

You may not share any personal information whether in relation to You or any other person (for example home addresses, postcodes, telephone numbers, email addresses, URLs, credit/debit post, banking details, etc.). If You do choose to reveal any personal information about Yourself or others to other Users, whether it is via private chat, email or otherwise, it is at Your own risk. Once again, Swabit is not responsible for any consequence of such choice.

By creating an Account and using Swabit App Services, You agree that Your Content may be viewed by other Users and/or any other person having access to that Content via the App or via other media different from Swabit App (for example screenshots of Your Content shared on other platforms).

By releasing Your Content on Swabit App, You represent and warrant to Us that You have all necessary rights and licenses to do so, and automatically grant Us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way. These ways include, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future.

Any use or reliance on any Content or materials released via the App Services or obtained by You through the App Services is at Your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the App Services or endorse any opinions expressed via the App Services.

Once again, We reserve the right to remove, edit, limit or block access to any of Your Content at any time, and We have no obligation to display or review Your Content.

You understand that by using the Services, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content and We may not monitor or control the Content posted via the Services, so We cannot take responsibility for such Content.

If You come across Content that You find inappropriate or otherwise believe to be a violation of Our Community Rules and of the Terms of Use, please report it by contacting Us (see section “Contact Us”).

5.4 Community Rules

5.4.1 You agree that You will NOT use the Service to:

  • engage in any activity that is illegal or prohibited by these Terms of Use;
  • use the Service in order to damage Swabit and its reputation;
  • spam, scam, solicit money from or defraud any User and/or other person;
  • impersonate or misrepresent Yourself as another person (including celebrities) or entity;
  • bully, stalk, intimidate, assault, harass, mistreat or defame any person or User;
  • post any Content that violates anyone’s rights (including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right);
  • post any Content that is hate speech, threatening, sexually explicit or pornographic or that promotes violence, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • solicit other Users’ passwords for any purpose, gather and store other Users’ personal identifying information for commercial or unlawful purposes, or disseminate another person’s personal information without their permission;
  • use another User’s Account without their permission, share an Account with another User, or maintain more than one Account;
  • create another Account if We have already terminated Your Account, unless You have Our permission to do so;
  • use the Service for business purposes if You are not a Premium User.

5.4.2 You give Swabit the right to monitor or review, if necessary, any Content You generate as part of the Service.

5.4.3 Swabit reserves the right to delete any Content that in Our sole judgment violates Our Community Rules or the Terms of Use, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.

5.4.4 Swabit also reserves the right to investigate and/or terminate Your Account if You violate these Terms of Use, misuse the Services or behave in a way that is considered inappropriate or wrongful, including actions or communications that occur on or off the Services. No obligation is required for Swabit to communicate the termination of Your Account in those cases.

5.4.5 You can be held legally responsible for any wrongful use of the App.

5.5 Swabit App Notifications

You can turn on notifications to get live updates about interactions with Your Profile.

You can turn off notifications whenever, and this way You’ll only see them once You access the App.

We remind You that by creating a Swabit Account, even if You turn the app notifications off, You give Swabit the right to reach out to You (either via Swabit notification or e-mail correspondence) for anything regarding updates and changes to Our Terms of Use and Privacy Policy, as well as new features and any other matter that affects Your rights and obligations or that is related to the correct use of the App.

5.6 Location Based Service

Swabit App is a location-based application– therefore, We need to be able to access Your location data in order to provide the complete App Services to you. During registration We will request access to Your device’s location. You can turn Your device’s location data on and off at any time through Your device settings: just remember that Swabit App only works properly and fully when the device location is turned on!

We remind You that location-based Services are not intended or suitable for use as an emergency locator system.

We provide more details on Our Privacy Policy, so We suggest You have a look at them!

5.7 Safety & Your Interactions with Other Users

Swabit is not responsible for the conduct of any User on or off the Service. You agree to review Swabit’s Safety Tips (see section “Safety Tips”) prior to using the Service, and to use caution in all interactions with other Users, particularly if You decide to communicate off the Service or meet in person. You are solely responsible for any activities that take place on Your Swabit Account as well as Your interactions with other Users.

Swabit  does not usually conduct any criminal background checks on its Users or otherwise inquire into the background of its Users. Nevertheless Swabit reserves the right to:

  • conduct – and You agree that Swabit may conduct – any criminal background check or other screenings (such as sex offender register searches) about You at any time using available public records;
  • provide all Your personal data (including Your Content, Activity history, etc.) to Public Administration under their request;
  • share information We have collected about You in certain situations (see section Disclosure of Your Information of Our Privacy Policy).

 Make sure to read Our “Community Rules” and “Content Policy” so that You can have a safe and respectable experience with the other Users.

VERY IMPORTANT: if You suspect fraudulent use or hijacking of Your Account please inform Us immediately (see section “Contact Us”) so that We can help You as soon as possible!

5.7.1 Safety Tips

Here are some useful tips to reduce the risk of running into negative experiences of any sort.

Keep in mind that these suggestions are not intended in any way to be exhaustive of all the cases, so We encourage You to use the caution, common sense and critical ability necessary when interacting with unknown people both on and off the Service.

Online Safety

  • Don’t send money or share financial or personal information;
  • stay on the platform while getting to know someone new;
  • report all suspicious and offensive behavior (requests for money or donations; underage Users; harassment, threats, and offensive messages; inappropriate or harmful behavior during or after meeting in person; fraudulent profiles; spam) to Us (see section “Contact Us”).

 Meeting in Person

  • Meet in public;
  • tell friends and family about Your plans;
  • be in control of Your transportation;
  • if You feel uncomfortable, leave.

We remind You once again that Swabit is not responsible for the conduct of any User on or off the Service– but if You happen to have any sort of negative experience, please don’t blame Yourself and feel free to inform Us (see section “Contact Us”) about it!

If You feel You are in immediate danger or need emergency assistance, call 112.

5.8 Service Termination

You may terminate Your Account for any reason, by following the instructions in “Settings” in the App Service, if available, or any time by contacting Us using the e-mail of Your Account (see section “Contact Us”).

Swabit may also terminate Your Account at any time without notice if We believes in Our sole judgement that You have violated these Terms of Use in any way. After Your Account is terminated, these Terms of Use will terminate with it.

5.9 Premium Users

As a Premium User, You do not have any benefits other than those clearly listed in the Swabit Premium Subscription Agreement and You share the same responsibilities as every other User of the App on the Content You post and Your general behavior whenever You use the App: this means that every rule that applies for Our Users also applies for Our Premium Users, and Swabit reserves the same rights for both of them in regard to each and every point of these Terms of Use.

Please make sure to read Our Community Rules and Content Policy carefully so that You can have a safe and respectable experience with the other Users.

Specifications on Use of Our Online Services, User Instructions, Service Costs and Payments, Terms of Service for Our Premium Users are regulated in accordance with the Swabit Premium Subscription Agreement.

6. Privacy

Your Privacy is important to Us!

To know about how the people at Swabit collect, use, and share Your personal data, please have a look at Our Privacy Policy. This is very serious information, so please take the time to read it carefully so that Your experience with Swabit Tools and Services can be both fun and safe!

By Accessing and/or using Swabit Tools and Services, You agree that We can use such data in accordance with Our Privacy Policy.

7. Contact Us

If You suspect Your Account has been hijacked or used unauthorizedly for fraudulent purposes, if You have any sort of problem while using the App, or if You simply have any questions or want to submit a feedback about Our Service, feel free to Contact Us at:

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

Email: info@swabit.app

 

We would love to hear from You!