This agreement is between Beamm limited. (“Swayy”, “we” or “us”) and users (“Users” or “you”) of Swayy’s products, services, and websites (collectively the “Service”).
- Your Acceptance
By installing, accessing, or using the Service, you signify your agreement to (1) these terms and conditions (the “Terms of Service”), including the terms set forth in the binding arbitration provision and class action waiver set forth below, and (2) Swayy’s Privacy Policy, found at swayy.app and incorporated herein by reference. Although Swayy may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version at Swayy.app Swayy may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions.
- Swayy Accounts
In order to access the Service, you will have to create a Swayy account. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. If you change your mobile phone number, you agree to update the mobile phone number associated with your account. You are solely responsible for the activity that occurs on your account. You must notify us immediately of any breach of security or unauthorized use of your account. Swayy will not be liable for any losses caused by any unauthorized use of your account.
- Use of the Service
You must access and use the Service only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) the Service in ways that: (a) violate, misappropriate, or infringe the rights of Swayy, our Users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; or (e) involve any non-personal use of the Service unless otherwise authorized by us.
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit the Service in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, the Service, systems, our Users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from the Service; (b) send, store, or transmit viruses or other harmful computer code through or onto the Service; (c) gain or attempt to gain unauthorized access to the Service or systems; (d) interfere with or disrupt the integrity or performance of the Service; (e) create accounts for the Service through unauthorized or automated means;
(f) collect the information of or about our Users in any impermissible or unauthorized manner; or (g) sell, resell, rent, or charge for the Service or distribute the Service.
You affirm that you are 16 years of age or older and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service.
We may, without prior notice: change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may refuse to provide the Service to any User or permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if we believe that you have violated any provision of the Terms of Service, or for no reason. Upon termination, you continue to be bound by the Terms of Service. If we disable your account for a violation of the Terms of Service, you agree not create another account without our permission.
You are solely responsible for your interactions with other Users. Swayy shall have no liability for your interactions with other Users, or for any User’s action or inaction.
4. User Content
Some areas of the Service allow Users to upload, submit, post, display, share or send content such as profile information, messages, images, audio, video, comments, questions, and other content or information (any such content a User uploads, submits, posts, displays, sends, shares or affirmatively chooses to make available on the Service is referred to herein as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by uploading, submitting, posting, displaying, sharing or sending User Content through the Service, you agree to the User Content license grant below and to allow your friends to receive, view, listen to, store, edit, and/or share your User Content. Swayy has the right (but not the obligation) in its sole discretion to reject and/or remove any User Content that is uploaded, submitted, posted, displayed, shared or sent via the Service, including any User Content that it believes, in its sole discretion, violates the Terms of Service.
In connection with your User Content, you affirm, represent and warrant that your User Content and Swayy’s use thereof as contemplated by the Terms of Service will not violate any law or infringe any rights of any third party, including any intellectual property rights and privacy rights. Swayy assumes no liability for any User Content that you or any other User or third party uploads, submits, posts, displays, shares or sends over the Service. You shall be solely responsible for your User Content and the consequences of sharing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or inappropriate for children, and you agree that Swayy shall not be liable for any damages you allege to incur as a result of User Content.
By uploading, submitting, posting, displaying, sharing or sending any User Content to, on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Swayy a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to host, store, use, display, reproduce, modify, edit, publish, distribute, and make derivative works of such User Content for the purpose of
operating, developing, providing, promoting, and improving the Service and researching and developing new ones.
- Our Proprietary Rights
Except for your User Content, the Service and all materials and information therein or transferred thereby, including, without limitation, information about your phone or device, or data that is otherwise generated, collected or transmitted through use of the Service, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Swayy Content”), and all intellectual property rights related thereto, are the exclusive property of Swayy and its licensors (including other Users who upload, submit, post, display, share or send User Content to or through the Service). Except as explicitly provided herein, nothing in the Terms of Service shall be deemed to create a license in or under any such Swayy Content or any intellectual property rights therein, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Swayy Content. Use of the Swayy Content for any purpose not expressly permitted by the Terms of Service is strictly prohibited.
- No Warranty
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SWAYY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, OR NON-INFRINGEMENT. SWAYY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICE, USER CONTENT OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, ETC.), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SWAYY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OF, OR INFORMATION PROVIDED BY (INCLUDING USER CONTENT), OUR USERS OR OTHER THIRD PARTIES. SWAYY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SWAYY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liability
IN NO EVENT SHALL SWAYY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICE, USER CONTENT OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, ETC.), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SWAYY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THE TERMS AND CONDITIONS AND/OR THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (£100) OR THE AMOUNT YOU PAID TO US HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Indemnity
You agree to defend, indemnify and hold harmless Swayy, its affiliates, and their respective directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation or alleged violation of the Terms of Service; (ii) your violation of any third-party right, including without limitation any right of privacy; (iii) your violation of any applicable law, rule or regulation; (iv) any claim that your User Content caused damage to a third party; or (v) any other party’s access and use of the Service with your account. This defense and indemnification obligation will survive the Terms of Service and your use of the Service.
- Assignment
The Terms of Service and our Privacy Policy, and any rights and licenses granted hereunder or thereunder, may not be transferred or assigned by you, but may be assigned by Swayy without restriction.10. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Swayy agree that the Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this agreement or any prior agreement; and claims that may arise after the termination of this agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to the Terms of Service, you agree to resolve any and all disputes with Swayy as follows:
Initial Dispute Resolution: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Swayy’s address for Notice is: Beamm limited., ATTN: Daneh Westropp, 2 CHURCH STREET, BURNHAM, ENGLAND, SLOUGH, SL1 7HZ. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly.