TERMS OF SERVICE
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OVERVIEW
By accessing the SwiftCall application (“SwiftCall”, “App”, “Application”), or its website found at swiftcall.co, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use (this “Terms of Service”, Terms”). These Terms of Service apply to all users of the application.
Please read these Terms of Service carefully before accessing or using our Service. By accessing or using our Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the application or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to SwiftCall shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page or on our website. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our application or our website. It is your responsibility to check these pages periodically for changes. Your continued use of or access to the application or website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - APPLICATION TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this application.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You hereby promise not to call emergency telephone lines, not to call lines for which the called party is charged for the call, and that you will not tie up two or more lines of a multi-line business.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content may be transferred unencrypted, and we are not responsible for anything that anyone that you interact with in the course of using SwiftCall does.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the application through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, EFFECTIVENESS AND TIMELINESS OF INFORMATION
Adventurate, Inc. (the owners of SwiftCall) work to maintain a high standard of utility with our proprietary algorithm that sorts your calls. However, we do not guarantee any results by use of SwiftCall. We are not responsible for any lack of success while using SwiftCall. We also work to maintain a high standard of accuracy with any information we place on the app. However, we are not responsible if information made available on this application is not accurate, complete or current. The material on this application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this application is at your own risk.
This application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this application at any time, but we have no obligation to update any information on our application. You agree that it is your responsibility to monitor changes to our application.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS AND SERVICES
We have made every effort to display as completely as possible the features on SwiftCall. We cannot guarantee that your phone or computer monitor's display of any feature will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of content or content pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any feature at any time. Any offer for any service made on this application is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the application is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 - THIRD-PARTY LINKS
Certain content available via our Service may include materials from third-parties.
Third-party links on this application may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 - PERSONAL INFORMATION
Your submission of information on SwiftCall is governed by our Privacy Policy.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our application or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the application or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of the quality of an adventure.
In no case shall The Basic Software Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, injury, death, property damage or loss suffered, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Basic Software Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our application.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this application or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page or on our website.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our application or website. It is your responsibility to check our application periodically for changes. Your continued use of or access to our application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - SWIFTCALL PRO AND CLOUD STORAGE
SwiftCall Pro includes premium features reserved for those who subscribe to SwiftCall Pro. Prices for SwiftCall Pro are subject to change without notice. SwiftCall Pro is accessible only to those who are SwiftCall Pro subscribers.
Features in SwiftCall may be limited exclusively to SwiftCall Pro subscribers without any notice, meaning we may remove features from the app and limit their access solely to SwiftCall Pro subscribers. We may also add features to the non-SwiftCall Pro versions at any time. In short, we have a series of amazing features in the app which we may limit or expand access to at any time.
We reserve the right at any time to modify or discontinue SwiftCall Pro (or any part or content thereof) without notice at any time, and to change any features in SwiftCall Pro (or in the non-SwiftCall Pro version) without any notice.
Cloud Storage allows for Cloud Syncing between iOS devices signed into iCloud. We are not liable for any performance issues with Cloud Storage, nor are we liable for any data loss in the app.
Discontinuing a subscription to SwiftCall Pro will limit Cloud Storage access. We are not liable for any data loss. We are not liable for any inability to access your data. We are not liable for data issues that may occur while transitioning to and from Cloud Storage. We are not liable for any limits to your data after ending a SwiftCall Pro subscription, which will limit your access to Cloud Storage.
We strive to make it so you can access your lead data and call session data even after your SwiftCall Pro subscription has expired and thus your SwiftCall Cloud Storage is limited. Once a SwiftCall Pro subscription has ended, a user may view their leads but will be unable to call them. Users are be unable to add new leads to Cloud Storage after their SwiftCall Pro Subscription has expired. Those previous SwiftCall Pro subscribers who have their Cloud Storage limited should switch to Local Storage to continue using the app properly.
SwiftCall Cloud Storage users who end their SwiftCall Pro subscription need to export their data, turn off Cloud Storage, and then reimport their data into the local storage in order to continue calling those leads. We give you an opportunity to export your Cloud Storage leads after your SwiftCall Pro subscription has ended. However, we cannot ensure the quality of the transfer after your SwiftCall Pro subscription has ended. If you plan to utilize SwiftCall Pro Cloud Storage, we encourage you to continue your SwiftCall Pro subscription to continue uninterrupted use of SwiftCall Cloud Storage.
SECTION 20 - SOFTWARE PIRACY
SwiftCall and SwiftCall Pro is only available to paying SwiftCall and paying SwiftCall Pro users.
Users who download SwiftCall, receive a refund, and then continue to use SwiftCall are committing Software Piracy.
Such activity is a criminal offense: 17 U.S.C. § 506 - U.S. Code - Unannotated Title 17. Copyrights § 506. Criminal offenses. These offenses are punishable by fines that can run in the thousands of dollars.
If you receive a refund for SwiftCall, you have a legal obligation to immediately stop using SwiftCall.
Users who download SwiftCall and then use after refunding are also obligated to pay The Basic Software Company civil damages. You will owe The Basic Software Company the price of purchase and any money you have procured/earned/fundraised from using SwiftCall.
Do not commit software piracy =)
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Jake@thebasicsoftwarecompany.com
