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End user license agreement and Privacy Policy

Last revised: November 11, 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 THE COUNTRY OF YOUR LOCATION, THE EMAIL ADDRESS, PROVIDED BY YOU DURING THE AUTHORIZATION PROCESS IN THE Platforms'S SYSTEM, ANY DATA YOU MANUALLY PROVIDE VIA YOUR PROFILE PAGE, CRASH LOGS, DIAGNOSTICS, PERFORMANCE DATA, APP INTERACTIONS AND YOUR UNIQUE HARDWARE, ADVERT AND DEVICE IDENTIFIERS, ALSO KNOWN AS HWID AND/OR IDFA AND/OR GAID, 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.

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.

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