Swace app terms and conditions ("Terms") constitute a legally binding agreement between Swace Ltd, a company incorporated and operating under the laws of the United Kingdom, company number 10536071, address for correspondence 20-22 Wenlock Road, N1 7GU London, England, e-mail firstname.lastname@example.org (hereinafter referred to as “the Company” or “Swace”) and each of the Users acquired by or referred to the Company or otherwise entering into relationship with the Company, relating to the use of the Swace application (also referred to as the App or app) and the Services related to the App by the Users. Users confirm they fully agree and understand these Terms and all our other terms and conditions by downloading and launching the app and creating an account. If a User does not agree to our terms and conditions, they may not download the Company’s App. If at any time, a User does not agree to our terms and conditions, they shall stop using the Company’s App and Services.
BY CREATING AN ACCOUNT OR CLICKING THE “AGREE” BUTTON, YOU A) ACKNOWLEDGE THAT YOU HAVE FULLY READ AND UNDERSTOOD THESE TERMS; B) CONCEDE THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP AND DELETE IT FROM YOUR MOBILE AND ANY OTHER DEVICE.
If you have any questions regarding these Terms, the App or Services, please contact the Company at email@example.com
As used in these Terms, including the preamble hereof, unless expressly otherwise stated or evident in the context, the following capitalized terms and expressions shall have the following meanings:
In these Terms, unless the context otherwise requires, a reference to:
In these Terms, "including" and "include" shall be deemed to be followed by "without limitation" where not so followed.
Any obligation of a Party not to do something includes an obligation not to allow that particular thing to be done.
The headings of these Terms are for convenience of reference only and do not in any way limit or affect the meaning or interpretation of the provisions of the Terms.
License Grant. Subject to these Terms, Company grants you a limited, non-exclusive, and non-transferable license to:
Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
You shall not:
Eligibility and Account Registration. In order to access certain aspects of the Services, you will need to register and become a User. In order to do so, you must create an Account. If you are creating User account on behalf of the legal entity, you unconditionally confirm, that you have such capacity.
Each User must be at least 18 years of age to register for an Account and use the Services. By clicking the "agree" button or creating an account you represent and warrant that you are at least 18 years of age.
You represent that the information you provide in your Account is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. The Company may, from time to time, request such information to be updated and/or supplemented, in which case the User is obliged to provide the Company with the updated and/or supplemented information without delay. If the User is not able or willing to update such information, the Company has the right to close the User's Account and/or restrict the User from accessing the Services.
Any use of the Services must be carried out by the User exclusively through the Account opened for the User. One digital identity associated with the Account will be used for accessing all Services.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights. If you are not a User you may browse or use the parts of the App that are not limited to Users only.
The Company reserves the right to decide whether or not to open an Account and/or whether to allow access to the Services to any person and shall have no obligation to justify or outline the reasons for any rejection.
During the validity of this version of the Terms, the Services are free of charge, unless otherwise explicitly indicated in the App. Paid Services may be added to the App in the future.
Updates. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms.
Although the App is accessible worldwide following the gradual release of the App in various geographic locations, not all features, products or services discussed, referenced, provided or offered through or in the App are available to all persons or in all geographic locations.
The Company reserves the right to limit, in its sole discretion and without providing any justification related thereto, access to any feature, product or service in full or in part to any person or geographic area.
Any offer for any feature, product or service made through or in the App is void where prohibited.
Information on the geographic areas where the Services are offered is accessible through or in the App.
Each User is responsible for maintaining adequate security and control of any and all login IDs, passwords and any other codes or devices which are intended to or can otherwise be used to access the Account and/or use the Services.
Each User must prevent unauthorized access to the Account and unauthorized use of the Services, the User's account credentials, and must promptly notify the Company of any such unauthorized access or use.
Each User has an obligation to fully and timely cooperate with the Company in the investigation of any suspected unauthorized access to the Account or use of the Services.
Each User will be solely responsible, and to the maximum extent permissible under applicable legal acts, the Company will have no liability, for any activity that takes place through the User's Account if the Account has been accessed or used with the User's account credentials, regardless of whether or not such access has been authorized by the User.
Each User has a right to close their Account at any time, subject to the User having no outstanding obligations towards the Company or any third-party service provider used by the Company for the provision of the Services.
In addition to specific circumstances described elsewhere in these Terms, the Company reserves the right to close the Account and stop the provision of the Services to the User:
Upon termination, all rights granted to you under these Terms will also terminate; and you must cease all use of the App and delete all copies of the App from your Mobile Device and account. Termination will not limit any of Company's rights or remedies at law or in equity.
Upon termination, all SWACE tokens that were received during the usage of the App period will be returned to the Company.
THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS, OR TRANSFER OF TOKENS TO WRONG ADDRESS OR WALLET, OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, THE FLOW NETWORK, OR ANY ELECTRONIC WALLET.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES AND/OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO:
NO LIABILITY SHALL ARISE TO THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, SERVICES PROVIDERS AND/OR ITS AFFILIATES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY IS REDUCED BY THE AMOUNT EQUAL TO THE DAMAGES WHICH THE USER COULD HAVE AVOIDED BY TAKING REASONABLE EFFORTS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
It is the Company's goal that the Services meet your expectations and live up to our promises to you.
However, there may be instances when you feel that we have not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to us.
You then agree to negotiate with Company in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Company's receipt of your written description of it, you agree to the further arbitration provisions below.
Unless otherwise stated, all other materials, including logos, brand names, designs, images, photographs, video clips, written documents, copyrights, trademarks, service marks, and any other forms of intellectual property present in the App and Services or displayed in connection with the App or Services, protected by registration or not, are owned by or licensed to the Company. The foregoing also applies towards any software solutions or parts of it, programs and code present in the App or Services.
In case the User's actions or activities conducted in connection with the App or Services or while using the App or Services (including through providing feedback or leaving any comments) amount to copyright or other intellectual property protected work (including but not limiting to data, artwork, designs, drawings, audios, texts, words, images, videos and other displays in any form) or is otherwise protected under applicable legislation, the User automatically grants to the Company, from the moment of the creation or provision of such work, a non-exclusive, world-wide, sub-licensable, royalty-free license, which is valid until the copyright and/or any other rights/objects are protected under applicable legislation, in relation to such work. Such license entitles us (the Company) to use, copy, display, reproduce, distribute, prepare derivative works of, modify, display, and perform any and all of your works for any purposes (including commercial) chosen at our discretion without any additional payments to you.
The Services may now or in the future include functionality to permit the submission of Content (including, but not limiting to text, artwork, designs, drawings, photographs, product ideas, video, audio, images, data, intellectual property objects) at the direction of users of the Services and/or App or upload profile picture ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that:
In connection with User Content, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business; or
(v) impersonate another person.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification by providing to us the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once an Account is created the Account holder (User) agrees to use Swace App and services provided in accordance with the below-mentioned rules and restrictions. A user is forbidden:
Failing to follow these guidelines may result in restricted access to the app and its content or rejected shop orders. Swace will notify the user about suspicious activity via email. If the malicious activity continues afterwards, Swace reserves the right to remove user’s Account without any prior notice.
User earned SWACE tokens can be exchanged for in-app goods at Swace application marketplace (further – Shop). Swace does not own or manufacture any of the items available in the Shop. We act as an intermediator platform.
Any given delivery times are approximate and may vary depending on the item, shipping country, national holidays, stock availability, etc.
You agree that Swace (the Company) has no responsibility to facilitate or offer returns, exchanges or refunds in connection with items purchased in the Shop or any of the Services provided by third parties or other Users in the App. These issues should be addressed directly with the supplier – a third party which sells items in the Shop or provides the Services. Swace accepts no liability in connection with purchased goods, however, may assist in facilitating the resolution of such complaints with the Shop suppliers upon buyer’s request.
You accept sole responsibility to ensure the legality of any purchase made in the Shop, and to pay any applicable taxes (VAT, customs, etc.) if such needs raise from acquiring any item in the Shop.
You agree that any purchase made in the Shop adheres to the following:
Failing to comply with any of the abovementioned requirements may result in rejection of your order without any notice. Upon rejection of the order, Swace reserves the right to deny the refund of spent tokens.
Any order disputes have to be in written form emailed to firstname.lastname@example.org. Swace reserves the right to request personal identification or any other documents required to solve the dispute. After receiving a complaint, Swace will answer within 10 business days. Swace will not honor any outstanding orders until the dispute is fully resolved. In case the item is no longer available, and the dispute is resolved to your benefit, Swace may offer you a similarly priced item or full refund of tokens. However, Swace is acting only as informal intermediary. As legal relationship regarding the Services/items is between the Users only (unless Swace provide the Services and/or items itself) and the Company does not guarantee for any quality of the items, Services of other user and do not provide any representations and warranties thereof. All disputes shall be settled among the Users.
Swace Tokens shall be transferred only to the wallet compatible with Swace tokens, otherwise such tokens may be lost and all such losses shall be incurred by you without our liability and responsibility.
You agree that in case of a dispute Swace may review all your activity history on Swace application (including but not limited to your Games activity history, payouts, order history, etc.).
You agree that Swace has no responsibility for any goods, services or any other benefits offered by any third party in the Shop.
You agree that Swace does not control and does not guarantee the quality, safety or legality of any goods, services or other benefits offered by any third party in the Shop/App.
You agree that Swace, as an intermediator platform, does not control goods delivery time or methods for items sold in the Shop. You agree that your order may be processed in a batch with other similar orders to reduce Swace operating costs.
A purchase made with wallet supporting blockchain is subject to price recalculation at the checkout or any other order screen according to a real-time aggregate SWACE token price in USD. Coinmarketcap (https://coinmarketcap.com) is used to determine this aggregate price. If the price was not properly recalculated at the time of purchase, Swace reserves the right to decline the order and issue a refund to the same wallet the payment came from.
Swace reserves the right to change the price, availability, shipping methods, etc. of any item in the Shop at any time without prior notice.
All fees of the Users for the acquisition of the Services, products and other items shall be covered by the Users and specifically, the User making respective payment/transfer, unless explicitly indicated otherwise in the payment instructions or other applicable terms.
Assignment. The Company may assign these Terms (either collectively or each right and/or obligation separately, as decided by the Company) to its parent company, affiliate or subsidiary without the consent of the Users. The Users may not assign any rights or obligations they have under these Terms without the prior written approval of the Company.
Carrier Fees. Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, gas or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. The Company assumes no liability or responsibility for the payment of any charges you may incur.
Changes. We may revise and update these Terms from time to time in our sole discretion. Changes are effective immediately when we notify you by sending an email or posting them to the App and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.
Governing Law and Dispute Resolution . These Terms shall be governed by and construed in accordance with the law of the Republic of Lithuania without application to conflict of law rules. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity hereof, which the Parties have failed to solve by negotiations will be settled in Vilnius County Court or Vilnius District Court (depending on the competence of respective court) as the court of first instance.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE IS EXPLICITLY INDICATED IN THE APPLICABLE LAWS.
No Waiver. A failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Severability. If any part of these Terms is held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms.