Terms of Service
1. Welcome
1. WelcomeWelcome to Swat.io. Swat.io is owned and operated by "Die Socialisten" Social Software Development GmbH, an Austrian company. This document constitutes a legally-binding agreement (“Agreement”) between "Die Socialisten" Social Software Development GmbH (referred to as “Swat.io”, “us,” “we,” and “our” ), the owner of Swat.io (“Site”) and any associated “Services” including our social media and monitoring software and you (referred to as “you,” “user,” and “your”), the person who is being presented with this document for your agreement. If you do not agree with any of the terms or conditions listed please stop using our Site and Services immediately. We may modify our terms of service or privacy policy in the future. You must agree with such modifications to continue using our Site and Service. In order to use our Site and Service you must be over the age of 18.
2. Description of Service
Swat.io is a social media monitoring, publishing and management tool. It provides social brands utilities to monitor their social media channels such as Facebook pages, Instagram and Twitter accounts. Additionally, the Swat.io software allows users to manage their inbound messages with a lightweight workflow-process. Swat.io also provides tools to plan content and automate publishing to help users find the correct target audience. Furthermore, we offer our users deep insights and analytics through our software.
3. For Legal Use Only
You agree to use Swat.io’s software for legal purposes only. When downloading or using our software you agree not to violate this Agreement, our Terms of Service, agreements of third party social networking sites or any local, national or international laws.
4. Data Ownership
We own all data that is generated through our Site and Service including all information, layouts, reports graphics, text and code. Any information you provide to us directly or through Third party sites like Facebook or Twitter is owned by you or the third party, depending on their respective Terms of Service. You represent that you have the right to grant us a license to use any data or content you provide us and that you will indemnify us against all third parties in the event of any claims arising from our use of your data or content.
5. Registration
When visiting our Site Swat.io.com, you will not be required to provide us with any information. However, if you wish to use our Swat.io software or any Services you will be required to provide us with your name and email address. If you wish to use our Service you must provide your credit card information or other payment information.
6. Your Responsibilities
We expect all users to act responsibly when using our Service. Therefore, we do have some rules governing what you may or may not do. When using our Site or any of our Services you agree that you will not:
- Violate any provision of law applicable in the United States, the EU or any country that you reside in.
- Violate any rules or terms of third party social networking sites by using our Service.
- Violate any applicable legislation, treaty, or other rule in force of Austria or any other political entity having jurisdiction over this Agreement, you, Swat.io, or the Service that we provide.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Service, Site or users.
- Run any bots or other software to aggregate or browse our content.
- Infringe on anyone’s intellectual property rights.
- Defame anyone or do anything that is illegal.
- Use our Site, Service for fraud.
- Provide false or inaccurate content.
- Impersonate any person or business entity or misrepresent your affiliation with a person or entity.
- Collect or store personal information about other end users.
- Otherwise act in a manner which, at Swat.io’ sole discretion, is objectionable.
Failure to comply with these rules or any terms or conditions with this Agreement may result in the termination of your account or the restriction of access to our Site or Service. You agree that we have sole discretion in deciding whether your actions or behaviour constitute a breach of this Agreement.
7. Access Tokens
The Swat.io Service and software uses access tokens to gather your social media information from third party sites like Facebook, Instagram or Twitter. You agree that Swat.io may store and use such access tokens to allow us access to your social channels on said third party sites. This access is necessary for us to fetch posts and comments from a Facebook page or Twitter channel and to post messages to a Facebook, among other things.
8. Grant of Limited License to Use Our Site and Services
We grant you a limited license to access our Site and use any of our Services. As a user, your license is limited to your personal use only. This means you cannot sell access to our materials or the Site or Service, share your license to use our Site and Service with anyone else, reverse engineer, modify, alter or otherwise attempt to copy our Site and Service, or try and make money off of our Site and Service without our express written permission. If you pay for our Service, we grant you a personal, limited, nonexclusive, revocable, nontransferable right and license to use any of our paid Services. When you purchase our Service, you are not granted any ownership right to our Service merely the license described above. If you violate this Agreement, the Terms of Service or the Privacy Policy we may at our discretion revoke your license. You agree that we have the final discretion in determining violations by you.
9. Payment and Taxes
If you wish to use the Swat.io Service you will be required to provide your credit card information or other payment information. Any inquiries for our paid services should be directed to office@swat.io. Users of our Service may be required to pay applicable state taxes. You agree that you will pay such taxes and fees as necessary.
10. Refunds
At Swat.io, we want you to be satisfied with our work. However, as we offer a Service we cannot give refunds. If you wish to cancel our Service please notify us immediately. After cancellation, service will continue to be provided to you for the period paid.
11. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, our Service or software without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on Swat.io. Additionally, our copyright includes any code and arrangement of data through or Service. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data or point keeping systems, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.
12. Trademarks and Intellectual Property
“Swat.io” is a trademark used by us, "Die Socialisten" Social Software Development GmbH, to uniquely identify our Service, Site and software. You agree not to use this phrase anywhere without our prior written consent. All rights not specifically granted are reserved to us. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
13. COPPA Compliance
You must be at least 18 years of age to use our Site and Service. We do not collect, process or store information from users under the age of 18.
14. Limitations on Liability
IN NO EVENT SHALL SWAT.IO, 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 OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY OF OUR SOFTWARE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SOFTWARE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT YOU EXPERIENCE A PROBLEM WITH OUR SOFTWARE OR SERVICES YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING OUR SITE AND SERVICE. IN THE EVENT THAT YOU EXPERIENCE A PROBLEM WITH A THRID PARTY WHILE USING OUR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS WITH THAT THIRD PARTY AND NOT SWAT.IO. SWAT.IO IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SWAT.IO, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
- We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of Swat.io, whether arising in tort or contract, law or equity;
- We take no responsibility and assume no liability for your use of our Service and any claims, actions, or petitions that may arise out of such use;
- We take no responsibility and assume no liability content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
- Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.
SWAT.IO SHALL NOT BE LIABLE FOR ANY OTHER REASON OR FOR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS CLAUSE IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SWAT.IO, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE MINIMUM AMOUNT, IF SUCH A MINIMUM EXISTS.
15. Disclaimer of Warranties
OUR SITE AND SERVICE ARE OFFERED “AS-IS”. SWAT.IO MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE FOR ANY USE. WE MAKE NO CLAIMS THAT OUR SOFTWARE OR SERVICE IS FIT FOR USE IN THE JURISDICTION THAT YOU CURRENTLY RESIDE IN. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SOFTWARE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WE ARE NOT LIABLE FOR ANY FAILURE OF SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENTS ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “DISCLAIMER OF WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
16. Changing the Service
We reserve the right to modify or terminate the Service (or any part thereof), either temporarily or permanently. Swat.io may post on our website and/or will send an email to provide notice of any material changes to the Service. It is your responsibility to check your email address and/or primary email address registered with Swat.io for any such notices. You agree that Swat.io shall not be liable to you or any third party for any modification or cessation of the Service. If you have paid to use the Service and we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment.
17. Freedom of Speech
Swat.io is an online software platform which aggregates social media content. As a user you may be exposed to objectionable content through our Service. Although we may choose to edit, block or delete any clearly defamatory or illegal content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.
18. DMCA Notices
We are serious about copyright infringement. For that reason, if you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Site of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at: office@swat.io.
Although no similar provisions exist under EU law, we recommend that you submit similar information to us about any alleged infringement from an EU location.
19. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site, software and Service, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
20. Choice of Law
This Agreement shall be governed by the laws in force in Austria. The offer and acceptance of this contract is deemed to have occurred in Austria.
21. Forum of Dispute
In case of any dispute between you and us, you agree that the proper forum to bring such dispute will be in a court or tribunal nearest to Vienna, Austria.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that in the event of a dispute arising from or relating to this Agreement or our provision of services to you, the unsuccessful party will be responsible for reimbursing the successful party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
22. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, invasions, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
23. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Swat.io shall have the sole right to elect which provision remains in force.
24. Third Party Links
Through our Site and Software you may be directed or able to access third party links from our website. Although we try to keep our website as secure as possible, we cannot review all links and are not responsible for any content on third party websites. Please exercise caution when clicking on any third party links. You agree that you are solely responsible for accessing any links from our website to a third party site.
25. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
26. Termination & Cancellation
We may terminate your account or our provision of our Service to you, at our discretion without explanation, though we will strive to provide a timely explanation in most cases. You may cancel your account at any time; however we may retain your information for a period up to 2 years for legal purposes.
27. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
28. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You must visit this page each time you come to our Site and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement. You must agree to the amendments as a condition of your continued use of our Site and Service. If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal to agree by e-mailing us at office@swat.io.
29 California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Swat.io must be addressed to our agent for notice and sent via certified mail to:
“Die Socialisten” Social Software Development GmbH, Andreasgasse 6, Top 1, 1070 Vienna, Austria
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: December 1, 2012 - Contact: office@swat.io
gemacht in Wien.