Last revised: December 27, 2024
Important notice: you should carefully read this agreement (the "Agreement") before installing
or using SwiftSoft's Software. if you do not agree with all the terms of this agreement, you may
not install or otherwise access the Platforms.
Thank you for your interest in SwiftSoft's services and developments, and the developments from other
developers ("Licensors") which are available through SwiftSoft's Platforms. (The
Licensors' developments are collectively referred to herein as the "Materials"). This agreement
sets forth the terms and conditions under which you are licensed to install and use the Platforms. As used herein,
the terms "Platforms" and "Software" refers collectively, and at times individually, to (1) the
SwiftSoft software,
(2) the SwiftSoft services, (3) each of the Materials, and (4) all features and components of each of
them, whether installed or used on a device. Use of the Platforms is licensed to you by Kyrylo Kovalenko, a
Ukrainian individual having its registration in Ukraine with number 2010350000000113610. (Kyrylo Kovalenko is
referred to herein
as "SwiftSoft", "we," or "us").
1. The Platforms
A. Grant of License. If you accept and comply with the terms of this Agreement, SwiftSoft will grant, and
you
will receive, a limited non-sub licensable, and non-exclusive license to use the Platforms subject to the
"License Limitations", set forth in Section 1.B below, as follows:
i. You may install applicable components or features of the Platforms (not including the Materials) on one
or
more
devices under your legitimate control.
ii. You may use the Platforms for your personal and non-commercial entertainment purposes only, unless
specifically
allowed under the terms of this Agreement.
iii. You may not transfer your rights and obligations to use the Platforms.
iv. Materials which are produced by Licensors and distributed through the Platforms may require that you
agree
to the Licensor's End User License Agreement prior to your being able to use the Materials, and the terms
and conditions of Licensor's End User License Agreement are hereby incorporated into this Agreement by this
reference. In the event of a conflict between the terms of this Agreement and a Licensor's End User License
Agreement pertaining to the use of the Licensor's Materials, the Licensor's End User License
Agreement shall supersede and govern your use of the Licensor's Materials. However, in the event of a
conflict between the terms of this Agreement and the Licensor's End User License Agreement pertaining to any
other aspect of the Platforms, this Agreement shall supersede and govern your use of the Platforms.
B. License Limitations. SwiftSoft may suspend or terminate your license to use the Platforms, or parts,
components and/or single features thereof, if you violate, or assist others in violating, the license limitations
set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
i. Derivative Works: Copy or reproduce (except as provided in Section 1.A.), translate, reverse engineer,
derive
source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platforms.
Use: Use of the Platforms, including Materials, for any purpose for any purpose that violates the law
and / or any license agreements with other companies that you have accepted.
iii. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or
"mines"
information generated or stored by the Platforms; provided, however, that SwiftSoft may, at its sole and absolute
discretion, allow the use of certain third-party user interfaces.
iv. Violation of Laws: Use the Platforms or Materials to violate any applicable law or regulation.
v. Use of third-party software: Use of the Platforms to use third-party products and developments that have
not been expressly authorized by SwiftSoft.
C. Platforms.
i. Platforms Features.
1. Advertising. The Platforms may incorporate third-party technology that enables advertising on the
Platforms and / or in certain Materials on the Platforms. As part of this process, SwiftSoft may collect
standard information that is sent when your device connects to the Internet.
2. Pre-Loaded Software
A. The Platforms may contain additional software that requires you to agree to additional terms prior to your use
thereof ("Additional Software"):
i. Installation. You agree that SwiftSoft may install Additional Software on your device or hard drive as
part of the
installation of the Platforms, and from time to time during the term of this Agreement.
ii. Use. Unless SwiftSoft grants you a valid license and alphanumeric key to use and activate the Additional
Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify,
disassemble, decompile or create derivative works based on the Additional Software. In the event that SwiftSoft
grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the
Additional Software shall be subject to the terms of this Agreement.
iii. Copies. You may make one (1) copy of the Additional Software for archival purposes only.
3. Consent to Monitor
A. THE Platforms MAY COMMUNICATE INFORMATION BACK TO SWIFTSOFT, INCLUDING WITHOUT LIMITATION AND PROTECTED WITH
SHA256 AND/OR MD5 ENCRYPTION ALGORITHMS, THE COUNTRY OF YOUR
LOCATION, THE EMAIL ADDRESS, PASSWORD, PROVIDED BY YOU DURING THE AUTHORIZATION PROCESS IN THE PLATFORM'S SYSTEM, ANY DATA
YOU MANUALLY PROVIDE VIA YOUR PROFILE PAGE AND/OR PLATFORM'S SETTINGS, CRASH LOGS, DIAGNOSTICS, INTERNET PROTOCOL (IP) ADDRESS,
PERFORMANCE DATA, APP INTERACTIONS AND YOUR
UNIQUE HARDWARE, ADVERT AND DEVICE IDENTIFIERS, ALSO KNOWN AS HWID AND/OR IDFA AND/OR GAID AND/OR UUID, AND/OR SWIFTSOFT MAY
EXERCISE ANY OR ALL OF ITS RIGHTS
UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. And by agreeing hereto you consent to SwiftSoft
receiving and/or using this data.
B. You may ask for your personal data deletion with prior written notice by email at SwiftSoft: [email protected].
For your request to be processed you must write us from the same mailbox you wish data is deleted for. Any requests for data deletion
from mailboxes that do not match requested ones will be rejected and ignored due to security reasons to protect your data
from unauthorized access. If you request to delete your data and have a remaining subscription or access licence to the Platform, you
will not be eligible for a refund once deletion process is finished since we will not be able to recover your data to verify subscription purchase.
You must cancel your subscription and request a refund before your account is deleted.
C. You can not request us to provide you your personal data. All important data is protected and encrypted, due to security reasons the only
request we can fulfill is data deletion request, described in 3 B. section of this Agreement.
4. Limitations of Liability
A. SwiftSoft may be liable in accordance with statutory law (i) in case of intentional breach, (ii) in case of
gross negligence, (iii) for damages arising as result of any injury to life, limb or health or (iv) under any
applicable product liability act. Gross negligence refers to an action or omission of significant carelessness,
demonstrating a clear disregard of one's basic duties.
B. Without limiting the foregoing, you agree and acknowledge that SwiftSoft may be liable for slight negligence
only in case of a breach of a material contractual obligation. Material contractual obligation means any
obligation (i) which is necessary for the fulfillment of the Agreement, (ii) the breach of which would jeopardize
the purpose of the Agreement and (iii) the compliance with which one may generally trust in. In such cases, the
liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is
not gross negligence.
C. You agree and acknowledge that SwiftSoft assumes no responsibility for any damage resulting from the use of
Materials, the Platforms and / or any other development, and / or software which can be used with the Platforms.
5. Indemnity.
A. You agree to indemnify, defend and hold SwiftSoft harmless from any claim, demand, damages or other losses,
including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use
of the Platforms, or any breach by you of this Agreement, or any Materials-specific Terms of Use; however, the
foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent
behavior.
6. Equitable Remedies.
A. You hereby agree that SwiftSoft would be irreparably damaged if the terms of this Agreement were not
specifically followed and enforced, and therefore you agree that we shall be entitled, without bond, other
security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in
addition to such other remedies as we may otherwise have available to us under applicable laws.
7. Alterations.
A. SwiftSoft may, from time to time, change or modify this Agreement as its business and the law evolves. In this
case, SwiftSoft will notify you of any such changes or modifications and will provide you with special
notice. Those changes or modifications will not affect essential characteristics of the Platforms. Should you have
any questions or concerns, please contact SwiftSoft Customer Service.
8. Term and Termination.
A. Term. This Agreement is effective upon the moment you authorize in the Platforms's system, and shall remain in
effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as
long as you continue using the Platforms. In the event that SwiftSoft chooses to cease providing the Platforms, or
license to a third party the right to provide the Platforms, SwiftSoft will notify you about it.
B. You are entitled to terminate this Agreement for any legitimate reason as may be specified by applicable law or
relevant court decision, subject to prior written notice by email at SwiftSoft: [email protected]
i. If you fail to comply with any terms contained in this Agreement, SwiftSoft will be entitled to
immediately
terminate this Agreement, the Platforms and/or any Materials license without any prior warning.
ii. In the event of any termination of this Agreement, your right to access Materials and Platforms will
be revoked.
iii. In case of termination of this Agreement you are eligible for a refund according to the store policy (e.g.
play store and/or app store and/or other store where you may have purchased a subscription to the Platform).
Refund can only be processed for unused subscription period. For example, if you purchased a subscription
for 3 months (90 calendar days) and asking for a refund once 30 days have passed, you may receive a refund
only for the remaining 60 days of your subscription. In case you purchased a lifetime subscription, you are eligible
for a partial refund of 50 percent of the total amount of your subscription price. If you request a refund, your access
to the Platform will be revoked. If price of subscription or the Platform was changed due to discounts or any other circumstances,
you refund price will be calculated based on the amount of your personal subscription price. If you requested to delete your personal data
while your subscription was active, than you are not eligible for a refund, we can not recover data that was deleted and therefore are not able
to verify your purchase and/or subscription price.
9. Governing Law.
A. This Agreement shall be governed by and construed in accordance with the laws of Ukraine.
10. General.
A. You understand and agree that you will not use the Platforms and / or the Materials for any purpose that
violates the laws of your country and / or the user agreements of any other companies accepted by you.
B. SwiftSoft may assign this Agreement, in whole or in part, to any person or entity at any time with or without
your consent, as long as the assignment does not reduce your rights under this Agreement. You may not assign this
Agreement without SwiftSoft's prior written consent, and any unauthorized assignment by you shall be null and
void.
C. SwiftSoft's failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of
such provision, or (2) diminishment of any right to enforce such provisions. Further, SwiftSoft may choose to
waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to
comply with that waived provision in the future.
D. Notices.
i. If to SwiftSoft. All notices given by you under this Agreement shall be in writing and addressed to:
[email protected].
ii. If to You. All notices given by SwiftSoft under this Agreement shall be given to you either through
written notice, email, the Platforms, or website blog post
E. SwiftSoft shall not be liable for any delay or failure to perform resulting from causes outside the reasonable
control of SwiftSoft, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots,
embargoes, acts of civil or military authorities, natural disaster, fire, floods, accidents, strikes, or shortages
of transportation facilities, fuel, energy, labor or materials.
F. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed,
and the remainder of this Agreement shall be given full force and effect.
G. This Agreement, along with SwiftSoft's other applicable agreements located on SwiftSoft's Legal
Documentation page, constitutes and contains the entire agreement between the parties with respect to the subject
matter hereof and supersedes any prior oral or written agreements.
H. The provisions of Sections 1.B, 4, 5, 6, 9 and 10 shall survive termination of this Agreement for any reason.
END