Swish.ai

TERMS OF USE

 

THIS WEBSITE, https://sebastiena8.sg-host.com/ (the “Site”), is owned and operated by Swish AI Ltd. (“Swish”, “we”, “us” or “our”). Any use of this Site is subject to and conditioned upon your assent to and compliance with, all of the terms and conditions in these terms of use (the “Terms of Use“) which also incorporates our privacy policy, as appears at https://sebastiena8.sg-host.com/privacy-policy/ . By using the Site you signify your consent to be bound by these Terms of Use. If you do not agree with any of the Terms of Use or if you are not in legal age to form a binding contract, please do not use or access this Site. If you are entering into these Terms of Use on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Use, in which case the term ”you“ will refer to such entity. If the legal entity that you represent does not agree with these Terms of Use, you must not accept these Terms of Use.

We may amend these Terms of Use at any time by posting the amended terms on the Site. Your continued use of the Site shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site. These Terms of Use may not be otherwise amended.

To the extent that you use any of Swish’s products and services, such use is governed by the terms and conditions and other agreements that you have entered into with Swish, and these Terms of Use do not apply to the use of Swish’s products and service.

Eligibility to Use our Site

You may not use the Site and may not accept these Terms of Use if you are not of legal age to form a binding contract with Swish.

User Accounts

The use of the Site, or any part thereof, may require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify Swish immediately of any unauthorized use of your account or any other breach of security. Swish will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time.

Electronic Communications

When you contact us by sending emails to us or filling out any contact forms on the Site, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Content

The Site may contain information, text, links, graphics, photos, videos, or other materials (“Content”).

We are the owner or the licensee of all intellectual property rights in our Site and the material published on our Site, including the Content. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Proprietary rights

The Site and the content therein are proprietary to us or our licensors. Any and all intellectual property rights related to the Site are and shall remain exclusive property us or of our licensors. Nothing in this Site grants any license or right to use any marks displayed on this Site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other content on this Site is strictly prohibited.

You hereby grant us a license to use any data and information provided by you for the purpose of using the Site, including any feedback, comments or suggestions provided by you to enable us to provide operate the Site or to incorporate the feedback into the Site. Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, decipher, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site, any content appearing on the Site, or any material that is subject to our proprietary rights. You may not use any of the foregoing to create any software or service similar to the Site and the materials contained in it.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party. You may not or attempt to (a) circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content; (b) use any robot, spider, website search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; or (c) harvest, collect or mine information about users of the Site.

Links to Other Websites

This Site may contain links and references to websites of others. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. You are recommended to review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites. In no event will we be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such sites. You expressly relieve us from any and all liability arising from your use of any third-party website.

No Warranty

Save to the extent required by law, Swish has no special relationship with or fiduciary duty to you. It is understood and agreed that Swish has no control over, and no duty to edit or review for accuracy or appropriateness any information or data provided by you.

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SWISH EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE ACCURACY OF THE CONTENT AND/OR ANY ACTIONS YOU MAY PURSUE OR REFRAIN FROM TAKING PURSUANT TO SUCH CONTENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such case, the foregoing disclaimer may not apply to you.

Limitation of Liability

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR THESE TERMS OF USE, HOWEVER ARISING, INCLUDING NEGLIGENCE.

Neither Swish nor its affiliated or related entities or its service providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information provided on the Site or from the use of, or the inability to use any content or services thereon. You specifically agree that Swish is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Site or any materials thereon, or with these terms and conditions, your sole and exclusive remedy is to cease using the Site.

WITHOUT DEROGATING FROM ANY OF THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF USE, IF ANY, IN CONNECTION WITH THE SITE OR THE TERMS OF USE SHALL NOT EXCEED US$1,000. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.

Termination

Swish may terminate your access to all or any part of the Site at any time, with or without cause, or with or without notice, effective immediately, such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by ceasing use of the Site.

Privacy Policy

Information that we collect and use about you is subject to our Privacy Policy located at https://swish.ai/privacy-policy/. By accessing this Site you consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time.

Governing Law; Dispute Resolution

The laws of the State of Israel will govern these Terms of Use, without regard to its conflict of law principles. Any and all legal claims, suits or actions that arise in connection with these Terms of Use and/or the Site, claimed against us shall be brought exclusively in the courts located in Tel Aviv, Israel.

Limitation of Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Waiver and Severability

The failure of Swish to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any of the provisions of these Terms of Use are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

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