Terms & Conditions

 

Last Updated: 21st March 2023

 

 

1. Acceptance of the Terms of Use

These terms and conditions (the "Terms of Use") constitute a legally binding agreement between you and Get Swarms Limited, and you and any employees, agents, contractors, or other entities on whose behalf you accept these terms and conditions (collectively, "you" and "your”).

 

When you accept these Terms of Service, they become a legally binding agreement between you and us. By (1) accessing or using the Website, (2) checking a box captioned with acceptance language or clicking an icon bearing a "ACCEPT" or similar legend or by otherwise ELECTRONICALLY SIGNING THIS AGREEMENT, (3) exercising or purporting to exercise any of the rights granted to you under these Terms of Use, you agree to be bound by these Terms of Use. Whoever accepts this Agreement on behalf of a company or other legal entity does so with the representation that he or she is authorised to bind that company or legal entity to this Agreement and to commit its funds. The Website is not to be used by anyone who does not agree to these Terms of Service.

 

Website refers to all public Get Swarms Limited websites, including those of its subsidiaries, affiliates, and brands (collectively "Get Swarms Limited" (GetSwarms), "ParticlesCloud", "Zoowaca", "we," or "us"), including but not limited to those located at www.getswarms.com, www.zoowaca.com, and www.particlescloud.com.

 

The Website provides a variety of resources, including one or more of the following: areas to interact with the Website and the user community, such as message boards, chat rooms, forums, bulletin boards, training modules, user ratings, user reviews, and other interactive and social features (collectively, the "Community Services"); information, software, text, displays, images, video, audio recordings, and user interfaces included in or generated by the Website; and areas to interact with the Website and the user community, such as message boards, Your permission to use the Website, including Community Services, Website Content, and Documentation, is contingent upon your acceptance of these Terms of Service.

 

Alterations to Terms.

We reserve the right to amend and update our Terms of Service at any time. You are required to periodically review this page for any modifications we may have made, since they are legally binding. Any significant changes are prospective only. Modifications to the dispute resolution processes outlined in the section headed Governing Law and Jurisdiction do not apply to conflicts for which the parties have actual notice as of the day the change was published on the Website. Your continued use of the Website after the posting of new Terms of Service indicates your acceptance and agreement with the modifications. When you accept the updated Terms of Service, any licence or other rights we granted you under the previous version are automatically revoked.

This Website treats personally identifiable information acquired about you in accordance with the Privacy Policy, which is incorporated by reference into these Terms of Service. If you do not agree with these Terms of Service or the Privacy Statement, you must leave the Website immediately.

 

Access

We reserve the right, at our sole discretion, to discontinue or modify the Website, including any of its content, in whole or in part and without notice. We are not accountable if, for any reason, the Website is inaccessible at any time or for any length of time. Occasionally, we may restrict access to all or a portion of the Website to registered users or to a different group of users. You are solely responsible for securing access to the Website.

 

Registration

To access certain Website sections or resources, you may be required to give registration information or other details. It is a condition of your use of this website, and you represent and warrant that you are at least the age of majority in your home jurisdiction and that all information you submit is accurate, current, and complete. If you select or are assigned a user name, password, or any other piece of information as part of our security measures, you must regard this information as confidential, and you must not reveal it to a third party. You acknowledge that you are entirely liable for all activities associated with your account. You undertake to alert GetSwarms promptly of any unauthorised use of your login credentials or any other violation of security. You are required to log out of your account at the conclusion of each session. You should use extreme caution when accessing your account from a public or shared computer so that others cannot read or record your password or other sensitive data. GetSwarms has the unrestricted right to disable any user name or password at any time and for any reason, including if, in our sole opinion, we determine that you have violated any part of these Terms of Service.

 

2. Use of the Website

 

Posting

You and other third-party Website users may be permitted to post content, materials, or hosted applications (collectively, "User Contributions" and along with contributions formally uploaded by GetSwarms, "Contributions") on or through the Website. Posting enables our customers, partners, developers, prospective customers, employees, and other interested parties to share information, exchange ideas, skills, and experience, pose questions, provide answers, and share technological advancements, as well as get product information. To maintain a lively, thriving, and welcoming community, we may impose rules for acceptable content and restrict usage that are antagonistic to the intended community environment. You hereby grant GetSwarms a perpetual, irrevocable, royalty-free, fully-paid, sub-licensable, transferable, nonexclusive, worldwide licence to copy, distribute, modify, create derivative works of, publicly display, publicly perform, make, use, sell, translate, and disclose to third parties any User Contributions that you post for any purpose. We are not required to post or utilise any User Contributions, and we reserve the right to edit or remove any User Contributions that violate our Terms of Service.

You are completely responsible for any User Contribution you submit, including its legality, veracity, precision, and suitability. GetSwarms is not liable for any User Contributions and assumes no responsibility for them. You represent and warrant that you own or control all rights to the User Contributions you submit, and that you have the right to grant GetSwarms and its affiliated companies the licence granted above. You represent and warrant that all of your User Contributions conform with these Terms of Service and that they will continue to comply, and you agree to defend, indemnify, and hold GetSwarms and its affiliates and licensors harmless for any breach of this representation and warranty. Views stated in User Contributions are those of the individual who posted the User Contribution and do not necessarily represent GetSwarms' position.

 

Code of Ethics

You agree to adhere to the following code of behaviour when using this website:

• Be kind and polite. Respect people and treat them as you would like to be treated.

• Respect your audience. Members' posts should not be offensive, annoying, threatening, harassing, or embarrassing. 

• User Contributions are prohibited from including content that is defamatory, obscene, indecent, abusive, insulting, harassing, violent, hateful, inciting, or otherwise objectionable. 

• In a healthy community, lively and respectful dialogue is constantly encouraged. It is OK to dispute facts, but not personalities or personal opinions. 

• Do not utilise text formatting such as all capital letters or bold that could be perceived as unpleasant, disrespectful, or as sending a strong message. 

• Avoid using acronyms and jargon that others may not comprehend. For you, an abbreviation may have one meaning, but in another context or nation, it may have another.

• Be accountable for your actions by fixing your errors and identifying where a previous post of yours has been modified.

 

Not Allowed Uses

You agree not to access or use the Site in any of the following ways:

• That violates any applicable federal, state, local, or international law or regulation, or advocates, promotes, or assists in any unlawful act, constitutes an illegal threat, or violates export control laws.

• That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or GetSwarms, including violation of privacy or publicity rights, infringement of any copyright, or violation of any other intellectual property right. 

• To communicate or distribute offensive materials, such as those containing profanity, violence, sexual activity, pornography, or discrimination based on race, sex, religion, nationality, disability, or age. 

• To monitor or attempt to gain unauthorised access to: (a) an account or computer not owned by you; (b) any data, information, or communications on any network or system not owned by you, without permission; (c) any system or network user accounts or passwords of other users, without permission; or (d) e-mail addresses, screen names, or other identifiers without the consent of the person identified (including, but not limited to, phishing, password robbery, spidering and harvesting.

• That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, GetSwarms, or a GetSwarms employee; (b) to misrepresent your identity or affiliation with any person or organisation; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself, including but not limited to altering your IP source. 

• Use, transmission, or introduction of: (a) information protected by privacy or security requirements (b) nonpublic sensitive or personally identifiable information, including, but not limited to, driver's licence numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information such as bank, checking, credit card, debit card, or other account numbers. Including, but not limited to: (a) promotions, contests, sweepstakes, barter, advertising, or pyramid schemes; and (b) the transmission or procurement of the transmission of any advertising or promotional material, including any "junk mail", "chain letter", or "spam" or any other similar solicitation. 

• To monitor or copy Website content for any unauthorised purpose, or to access the Website using any automated equipment, process, or method, such as a robot or spider.

• That could have a negative impact on the Website's functionality, user interaction, or security, including, but not limited to: (a) gaining unauthorised access to or attempting to compromise the security of any network, system, computing facility, equipment, data, or information; (b) attempting to intercept, redirect, or otherwise interfere with communications intended for others.(c) disabling, damaging, overburdening, or impairing the Website or any server, computer, or database connected to or accessed by the Website; (d) modifying, blocking, or otherwise interfering with the Website's display; (e) interfering with another user's ability to access, use, and enjoy the Website; (f) accessing another user's registration information or user account without that user's express written permission;(g) transmitting or introducing any malicious or technologically harmful element to the Website, such as a spyware programme, virus, Trojan horse, worm, or logic bomb; (h) performing, without GetSwarms's express prior written authorisation, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website, including without limitation the Community Services; and (i) engaging in any activity that results in any server being the target of a denial of service attack.

 

Notice of Offence

You shall promptly tell GetSwarms by email at info@getswarms.com of any breach of these Terms of Service by any person, including other users or third parties, of which you become aware.

 

GetSwarms Disclaimer.

We may, but are not required to, monitor or censor user comments or content provided by contributors. We are not responsible for the accuracy, completeness, suitability, or legality of anything posted, depicted, or otherwise provided by third-party users, and we expressly disclaim any and all liability in connection therewith.

 

3. Intellectual Property

 

Website

GetSwarms or our licensors control the Website in its entirety, including the Website Content, and it is protected by United Kingdom and international laws pertaining to copyrights, patents, trademarks, trade secrets, and other intellectual property or proprietary rights. You may only use the Website for legitimate business purposes relating to your existing or prospective role as a client, developer, partner, supplier, or distributor of GetSwarms. You may not reproduce, edit, create derivative works from, publicly display or perform, republish, download, store, or transmit any Website Content without GetSwarms's express prior written approval or unless as expressly permitted by these Terms of Service.

 

Core GetSwarms Technology

Notwithstanding of any other term in these Terms of Service, GetSwarms is the only owner of all rights, title, and interest in and to any intellectual property rights relating to the GetSwarms Core Technology. GetSwarms reserves all rights in the GetSwarms Core Technology, except as specifically specified in these Terms of Service, and grants you no rights, whether express, implied, or by estoppel. "GetSwarms Core Technology" as used herein refers to: (a) the NonProduction Instance, Development Tools, Documentation, and GetSwarms technology and methodologies (including, without limitation, products, software tools, hardware designs, algorithms, templates, software (in source and object forms), architecture, class libraries, objects and documentation) existing as of the Effective Date; (b) updates, upgrades, improvements, configurations, extensions, and derivative works.

 

Documentation

The Website's Documentation is the intellectual property of GetSwarms and/or third-party sources. We offer you a limited, revocable, non-transferable, non-exclusive, and non-sub-licensable licence to create a reasonable number of copies of the Documentation for your internal business use in conjunction with your individually authorised use of GetSwarms Products. There is no permission granted to sublicense or distribute the Documentation.

 

User Submissions

Other than the limited, personal, non-exclusive licence to reproduce User Contributions as necessary to display the User Contributions on a machine that you use to interact with the Website, no rights are given to you with respect to User Contributions.

 

Third Party Content

Third-party materials and free and open source software (excluding Apps) ("FOSS") delivered by us to you may be accompanied by licensing conditions, which restrict your use of such third-party software or FOSS. The mention of third parties and third-party items in any offered materials, advertising, promotions, or coupons is for informational reasons only and does not represent an endorsement or recommendation. GetSwarms is not responsible for the selection, performance, or use of any third-party goods or providers. Insofar as you access or use such software, any and all understandings, agreements, or guarantees, if any, are solely between you and the seller.

 

Restrictions

No right, title, or interest is transferred to you in or to the Website, including Website Content and Contributions or GetSwarms Core Technology.

No implicit licences exist under these Terms of Service. GetSwarms retains all rights not expressly granted to you in this document. Any use of the Website that is not expressly permitted by these Terms of Service constitutes a violation of these Terms of Service and may be in violation of copyright, trademark, and other laws.

GetSwarms Core Technology is licensed and not sold, even though GetSwarms uses terms such as "selling" and "buy" for convenience.

You shall not (and shall not permit others to): (a) licence, sublicense, sell, resell, rent, lease, transfer, distribute or time share it or otherwise make any of it available for access by third parties, including any derivative works of GetSwarms Core Technology regardless of which party authors such derivative works; (b) use it on a production basis or with production data or use it to provide services to others, including implementation, customisation, or configuration of the Subscription Service;(c) disassemble, decompile, or reverse engineer it, especially for the purpose of developing any product or service competitive with the Subscription Service in general; (d) subject to the preceding clause, use or access it for the purpose of developing products or services competitive with the platform component of the Subscription Service (competitive applications are permitted); (e) copy, create derivative works, or otherwise modify it, except as expressly permitted by this agreement.(f) disrupt its security, integrity, or operation; (g) remove or modify a copyright or other proprietary rights notice in it; (h) use it to reproduce, distribute, display, store, transmit, or use material or content protected by copyright or other intellectual property right (including the right to publicity or privacy) without the owner's permission; (i) use it to damage the property of a third party;(j) use it in a manner that violates any applicable law or regulation; (k) use it in a manner that temporarily or permanently alters, deletes, removes, copies, modifies, halts or disables any GetSwarms or third-party data, software or network (excluding modifications to the Configurable Elements or any data uploaded into the Subscription Service by Participant) without authorisation; (l) use it to produce, use, send, store, or execute computer viruses or other malicious code; (m) use it in any way that disables, hacks, or interferes with any security, digital signing, digital rights management, verification, or authentication systems; or (n) use it in a manner that, in GetSwarm's reasonable opinion, circumvents the ordinary use or operation of the Subscription Service or APIs, disrupts GetSwarm's pricing structure or ability to provide services or support to Customers, or permits any party to access GetSwarm's Technology in excess of such party's authorised or normally intended use.

Participant shall provide GetSwarms with thirty (30) days prior written notice at admin@getswarms.com, or, if applicable law or the relevant court order does not allow thirty (30) days' notice, the maximum amount of notice allowable, and provide all reasonably requested information to allow GetSwarms to assess Participant's claim and, at GetSwarms' sole discretion, take any action it deems appropriate.

Please contact GetSwarms if you need to utilise GetSwarms Core Technology in a manner that is prohibited by our Terms of Service. There may be available partner programmes and commercial end user agreements to match your demands.

If you enter into a separate agreement with GetSwarms that provides additional or different license terms with respect to GetSwarms Core Technology, including a Master Ordering Agreement, Master Subscription Services Agreement, Developer Agreement, or Technology Partner Agreement, then the terms of that separate agreement shall control over these Terms of Use with respect to such GetSwarms Core Technology.

 

4. Linking

 

Connecting to a Website

You may link to our homepage so long as you do so in a way that is fair and legal and does not damage or take advantage of our reputation. However, you may not build a connection in such a way as to falsely imply any type of affiliation, approval, or endorsement on our part where none exists. Without our prior written consent, you are prohibited from linking to any other page on the Website. We have the right to revoke linking permission at any time without prior notice. The Website may not be framed on another website, nor may a link be created to any page other than the homepage. You cannot construct a connection from a website that you do not own. You agree to assist us in preventing unauthorised framing and linking.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third‑party websites linked to this Website, you do so entirely at your own risk and subject to the applicable terms and conditions of use for such websites.

 

5. Monitoring, Enforcement and Feedback

 

GetSwarms has the right, but not the obligation, to: 

• Remove or refuse to post any User Contribution (including any App), and/or terminate your access to all or part of the Website for any reason or no reason, in our sole discretion, including without limitation any violation of these Terms of Use or the Privacy Policy; 

• Disclosing your identity to any third party who is claiming that material posted by you violates their rights, including their intellectual property rights or other legal rights;

• Take legal action, including referral to law enforcement, for any illegal or unauthorised use of this website

 

GetSwarms reserves the right to cooperate completely with any law enforcement authorities or court order requesting or directing us to reveal the name of anyone posting any materials on or through the Website. YOU AGREE TO RELEASE AND HOLD GETSWARMS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GETSWARMS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GETSWARMS OR LAW ENFORCEMENT AUTHORITIES.

GetSwarms cannot review all content before it is posted to the website, nor can it ensure the prompt removal of objectionable content after it has been posted. GetSwarms assumes no responsibility for any action or inaction relating to transmissions, communications, or content provided by users or third parties. For the execution or nonperformance of the activities outlined in this paragraph, we have no duty or responsibility to anyone.

 

Responses & Suggestions

GetSwarms shall have a perpetual, irrevocable, royalty-free, fully-paid, sub-licensable, transferable, non-exclusive, worldwide licence to make, use, sell, offer for sale, import, or otherwise use or commercially exploit for any purpose, any feedback, comments, suggestions, communications, and requests for improvements or enhancements regarding the Website and the GetSwarms Products.

 

6. Legal Considerations

 

Confidentiality

You acknowledge that GetSwarms Confidential Information includes the configuration and information contained in Apps and any information provided to you in conjunction with a GetSwarms event. GetSwarms Confidential Information does not include: (a) information that is generally and lawfully available to the public via no fault or breach on your part; (b) information that we make generally available to the public.(c) information you independently produce without using any GetSwarms Confidential Information;(d) information obtained legally from a third party who had the right to transfer or disclose it to you without restriction; or (e) any third-party software and/or documentation delivered to you by us with licencing conditions that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.

Unless GetSwarms expressly agrees or authorises in writing otherwise, you agree not to divulge, publish, or distribute any GetSwarms Confidential Information. You undertake not to use GetSwarms Confidential Information in any manner, including for your own or any third party's advantage, without the prior written consent of an authorised GetSwarms representative in each instance. You also agree to take reasonable measures to avoid any unauthorised use, disclosure, publication, or distribution of GetSwarms Sensitive Information. You acknowledge that unauthorised disclosure or use of GetSwarms Confidential Information may cause GetSwarms irreparable harm and considerable, difficult-to-quantify injury. Hence, you agree that, in addition to any other rights and remedies we may have, we may seek urgent injunctive action to enforce your obligations under this Agreement. If you are forced by law, regulation, or a valid court order to disclose GetSwarms Confidential Information, you may do so, but only if you notify us in advance and use commercially reasonable steps to minimise the disclosure and seek confidential, protected treatment for such information. A disclosure pursuant to the preceding clause will not release you from your obligation to maintain the confidentiality of such information as GetSwarms Confidential Information.

 

Copyright Violation

We respect the intellectual property rights of others and expect the same of our users and clients.

If you suspect that your work has been replicated on the Websites in a manner that constitutes copyright infringement, you may request the removal of the infringing materials (or access to them) by submitting written notification to our copyright agent (designated below) Our Copyright Agent appointed to receive Notifications is:

 

Get Swarms Limited

FAO: Legal Department

20-22 Wenlock Road

London, England N1 7GU
Copy to admin@getswarms.com

 

We retain the right to cancel the access of users or customers who upload content that violates the intellectual property rights of third parties.

 

Regional Legal Considerations

The Website's proprietor resides in London, United Kingdom. The website is accessible from countries across the globe. Some individuals or nations may not be permitted access to the Website. If you access the Site from outside the United Kingdom, you do so voluntarily and are responsible for compliance with local laws. Access to the Website is restricted from locations where the Website or any of its services or products are unlawful. You recognise that you are always responsible for adhering to U.K. export laws and regulations, as well as any other applicable export laws and regulations.

 

Exclusion of Warranties

GetSwarms cannot promise or warrant that the Website, including the Community Services, Documentation, Development Tools, Shop, Apps, or any other Website Content, is free of viruses or other forms of destructive programming. You are responsible for adopting enough procedures and checkpoints to satisfy your individual requirements for anti-virus protection and data input/output accuracy, as well as for maintaining a method external to our site for the reconstruction of any lost data. GETSWARMS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIY-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS.AS BETWEEN YOU AND GETSWARMS, YOUR USE OF THE WEBSITE AND NON-PRODUCTION INSTANCES, INCLUDING COMMUNITY SERVICES, USER CONTRIBUTIONS, APPS, DEVELOPMENT TOOLS, DOCUMENTATION, AND ANY OTHER WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING THE WEBSITE CONTENT, NON-PRODUCTION INSTANCES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GETSWARMS NOR ANY PERSON ASSOCIATED WITH GETSWARMS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.NOTWITHSTANDING THE FOREGOING, NEITHER GETSWARMS NOR ANYONE ASSOCIATED WITH GETSWARMS REPRESENTS OR WARRANTS THAT THE WEBSITE, INCLUDING THE WEBSITE CONTENT OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR FREE, OR UNINTERRUPTED.THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.

GETSWARMS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE WEBSITE CONTENT, NON-PRODUCTION INSTANCES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FIT FOR PERTICURAL PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU MAY RECEIVE WARRANTIES FROM THE CONTRIBUTOR OF AN APP IN ACCORDANCE WITH THE APP CONDITIONS UNDER WHICH SUCH APP IS PROVIDED TO YOU; HOWEVER, GETSWARMS SHALL HAVE NO LIABILITY TO YOU REGARDING SUCH WARRANTIES OR ANY OTHER TERM IN THE APP CONDITIONS.

 

Exclusion of Liability

EXCEPT TO THE EXTENT A DISCLAIMER OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, GETSWARMS, ITS AFFILIATES, AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY COMMUNITY SERVICES, USER CONTRIBUTIONS, APPS, WEBSITE CONTENT OR SERVICES OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, OR LOSS OF BUSINESS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

You undertake to defend, indemnify, and hold us, our affiliates and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers harmless from and against any claims, to the maximum extent permitted by applicable law.Liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and other costs of defence) resulting from your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, unpaid tax liability, services and products other than as expressly permitted in these Terms of Use or your use of any information obtained from the Website.We will have the right, at our own expense, to defend and settle the claim or action with counsel of our choosing. You are prohibited from settling any claims without our prior written consent (which will not be unreasonably withheld). You are not required to defend GetSwarms against a lawsuit based on the alleged infringement of intellectual property rights by GetSwarms Products (independent of your App or other products or services of yours).

 

Waiver and Termination

No waiver by us of any provision of these Terms of Use shall be construed a further or continuing waiver of such provision or any other provision, nor shall our failure to assert a right or provision under these Terms of Use constitute a waiver of such right or provision.

If any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms of Service will remain in full force and effect.

 

Termination.

We have the right to terminate or suspend these Terms at any moment without prior notice. Without limiting the above, we reserve the right to immediately terminate your access to the Websites if you engage in activity that we, in our sole discretion, deem objectionable, or if you breach these Terms.

 

Legal System and Jurisdiction

These Terms of Use and any dispute or claim arising out of or relating to them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of London in the United Kingdom, without regard to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or relating to these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United Kingdom or the courts of the State of London, in each case located in London, although we retain the right to bring suit against you for breach of these Terms of Service in your country of residence or any other relevant country. You irrevocably waive any objections to the exercise of jurisdiction over you by these courts and to the venue in these courts.

 

Entire Agreement

The Terms of Service and our Privacy Statement comprise the entire agreement between you and us with respect to the Website and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written and oral, with respect to the Website.These Terms of Use do not supersede any Subscription Agreement or other agreement pursuant to which you have been granted the right to use or access a GetSwarms Product, except to the extent that these Terms of Use provide that Apps or other Website Content are not subject to warranty or entitled to support, service credits, refunds, or other service entitlements under a Subscription Agreement.

© Get Swarms Limited All rights reserved.