Install Swipely
Terms of Use
Last updated: 03/07/2024
These Terms of Use (the “Terms”) govern how customers/visitors (the “Customer”, “you”) access and/or use the Swipely Chrome extension and associated services (the “Platform”). The Platform is operated by Phonal Technologies SIA (the “Phonal”, “we”, “us”, “our”), a limited liability company, registered in the Republic of Latvia having its legal address at Riga, Matisa iela 61 – 32, LV–1009.
By accessing and using the Services, you agree to be bound by these Terms, resulting in entering into a legal agreement between you and Phonal. Your presence on and use of the Platform is conditional on your acceptance of these Terms. Any violation of these Terms will lead to termination of your right to use Services and your ability to gain access to the Platform.
You agree to access and/or use Services at your own risk. Subject to the provisions specified hereunder, we reserve the right to refuse to provide Services to anyone without a reason at any time.

General Information
PARTIES TO THESE TERMS
Phonal and you are the parties to these Terms. Provisions of these Terms govern how you access and/or use Services and Platform. In case you act on behalf of a company or other entity, you represent and warrant that you have the legal capacity and authority to accept these Terms on behalf of the respective company or entity in order to access and/or use Services and Platform.
By using our Platform and the Services, you confirm that you have fully familiarized yourself with these Terms and accept them. If you do not agree with the provisions of these Terms in whole or in part, you must not use the Platform or our Services.

TERM
When you register a personal account on the Platform (the “Account”), you automatically agree to these Terms, and the term of provision of the Services (“Term”) begins. These Terms will be valid, enforceable, and binding upon the Parties for as long as you have the Account on the Platform or until you or we terminate the provision of the Services and usage of the Platform in accordance with these Terms.
If you fail to comply with any provision of these Terms, it may result in the immediate termination of the provision of the Services at our sole discretion without giving you prior notice in this regard.

CHANGES TO THESE TERMS
You can always find the relevant version of the Terms on the Platform in the relevant “Terms of Use” section via the link: https://swipely.io/terms. We can change these Terms at any time without giving you prior notice in this regard. If you continue to access and use the Services after any amendments to these Terms have been posted on the Platform, it means that you have accepted such amendments. It is your full responsibility to review these Terms from time to time to see if they have been changed.

ACCOUNT
ELIGIBILITY
You may use our Services only if you are at least 18 years old or you must be of the age of majority in your region, territory, or country. Minors have the right to use the service only with permission from parents or legal representatives.
If you use the Service, you warrant that you have the right, legal capacity, and authority to abide by all of the provisions in the Terms and in compliance with these Terms and any applicable local, state, national, and international laws and regulations.

ACCOUNT REGISTRATION AND DELETION
To use the Services, you need to register an Account. You can register only one account using the functionality of the Platform. One Customer may register only one Account. If you want to register another Account, you should request permission via [email protected] or via the Contact Us form available on the Platform. It is our sole discretion to decide whether you can register another Account on the Platform.
If you have an Account, you are fully responsible for all activity performed through the Account, namely, for updating and accuracy of the information you provided, exercising control over the Account, and preventing unauthorized access to the Account.
We reserve the right to terminate or block your Account for your safety, the safety of Phonal, or our partners in order to prevent identity theft or due to other reasons, determined at the sole discretion of Phonal as sufficient.

ACCESS TO YOUR ACCOUNT
You can access your Account via signup using your e–mail. After signing up, you obtain an opportunity to log into your Account using your signup information. It is your responsibility not to disclose your Account’s password and/or payment details. You have the right to delete your Account at any time unless you have financial obligations before Phonal. We reserve the right to store your personal data after the deletion of the Account in accordance with our Privacy Policy.

CUSTOMERS’ RESPONSIBILITY WITH REGARD TO ACCESSING TO OR/AND USING THE SERVICES
You are solely responsible for the content of all materials and derivatives thereof, including the content ideas collected and organized by the Platform (the “Content”). We cannot be held liable for any loss or damage that, directly or indirectly, is or can be caused by the Content to you or third parties, including any natural person or legal entity interested in cooperation with you regarding the use of the Platform and other results of the Services (the “Clients”), and make no warranties that any Content obtained, created, developed, or exploited by us and meeting your requests or instructions is accurate or complete or complies with all applicable laws. You represent and warrant that you have all rights and permissions necessary to display and distribute Content.

You further represent and warrant that:
  • Your Content is accurate and does not violate these Terms;
  • Your Content will not cause injury to any person or entity, and that it does not violate any third party’s proprietary, statutory, or common law rights;
  • Your Content complies with all applicable laws and regulations;
  • Your Content does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret, or other intellectual property rights of any third party;
  • Your Content does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory;
  • Your Content does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage, or harm of any kind to any person or entity;
  • Your Content does not contain links to prohibited and/or unreliable sites or sources;
  • You will not attempt to: (i) modify or translate the Platform; (ii) decompile, or disassemble the Platform, (iii) create derivative works based on the Platform; (iv) merge the Platform with another product; (v) copy the Platform; (vi) or remove or obscure any proprietary rights, notices, or labels on the Platform.

SERVICES
USE OF SERVICES
When you start using our Platform and Services for the first time, we provide you with a thirty–calendar day free trial period (the “Free Trial”). You do not pay for the provision of Services during the Free Trial. One Account may use the Free Trial only once. If you have several Accounts, Phonal provides you with a Free Trial only once. The provision of Services ceases after the end of the last day of the Free Trial term. In order to continue using our Services, you need to choose one of the subscription options as specified under the provisions set forth in Sections 10–12 hereunder.

ADVERTISING MATERIALS
By obtaining the Deliverables during usage of the Platform, you transfer to us the materials which could include trademarks, text, visual content, including the contents of advertisement messages or objects executed in any form that can be transmitted via the Internet (e.g., in the form of an advertising post/message) that are suggested, described, or accepted at the suggestion of Phonal by the Customer and performed by us. Materials may include any other intellectual property objects or elements subject to these Terms.

SUBSCRIPTION AND FEES
PROVISION OF SERVICES
You need to pay for the subscription on the Platform in order to use our Services (the “Subscription”). Parties may additionally agree upon the specific Subscription terms, including hosting of the Software, via the means of communication provided hereunder.

SUBSCRIPTION FEES
The monthly price of the Subscription (the “Monthly Payment”) consists of a fixed monthly payment (the “Fixed price”).
Phonal provides Services under the Subscription on a monthly basis within 30 (thirty) calendar day periods (the “Period”). At the end of each Period, we will automatically send you information about the Monthly Payment through electronic means of communication, including contact form, email address, notification options in your Account, and any other means capable of such operation until your subscription is canceled or terminated.
In case you do not want to renew your monthly subscription, you can withdraw it at any time. We will stop providing Services to you after the last day of the Period for which you have paid.
As a general rule, no funds connected with access and/or use of the Services are refundable. If you withdraw your Subscription before the last day of the Services provision Period for which you have paid, Phonal does not reimburse you the unused amount of the paid fees. We have the sole discretion to provide you with any refunds and discounts.

PAYMENTS
You may pay for the provisions of Services through various financial means. You should attach at least one valid payment method to your Account. If the Monthly payment is not completed due to any reasons, we reserve the right to block your access to the Services until we successfully charge the required amount using your valid payment method. For some payment methods, payment operators may charge additional fees, namely payments for cross–border transactions or fees connected with currency exchange. It is your responsibility to pay such fees.
You may change your payment method from time to time and authorize us to charge the chosen payment method in order to pay for the Subscription on the Platform.

RIGHTS AND LICENSES
LICENSE TO USE THE PLATFORM AND SERVICES
Subject to these Terms, Phonal grants you a limited, non–exclusive, non–transferable, and non–sublicensable license to access and use the Platform and Services for your internal business purposes.
All rights, titles, and interests, including intellectual property rights in the Platform and Services, belong to Phonal or our licensors. You acknowledge that the Platform and Services are protected by copyright, trademark, and other laws of Latvia, the European Union, the United States, and other jurisdictions.
You agree not to copy, modify, distribute, sell, or lease any part of the Platform or Services, nor to reverse engineer or attempt to extract the source code of the Platform or Services, unless laws prohibit these restrictions or you have our written permission to do so.

CUSTOMER DATA AND PRIVACY
You retain ownership of any data, information, or material originated by you that you submit or upload to the Platform in the course of using the Services (“Customer Data”). You grant Phonal a worldwide, non–exclusive, royalty–free, fully paid–up license to use, host, store, transfer, display, perform, reproduce, and modify the Customer Data solely for the purpose of providing and improving the Services.
Our collection, use, and disclosure of personal information in connection with the Services are described in our Privacy Policy, which you agree to by using the Services.

LIMITATIONS OF LIABILITY AND DISCLAIMERS
WARRANTIES AND DISCLAIMERS
The Services and Platform are provided “as is” and “as available,” without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non–infringement.
Phonal does not warrant that the Services will be uninterrupted, error–free, or completely secure.
Phonal is not responsible for any content provided by third parties, including advertisements, and links to third–party websites.

LIMITATION OF LIABILITY
To the fullest extent permitted by law, Phonal shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (iii) unauthorized access, use, or alteration of your transmissions or content.
In no event shall Phonal's aggregate liability for all claims related to the Services exceed the greater of one hundred Euros (€100) or the total amount of fees received by Phonal from you for the use of paid Services during the past month.

TERMINATION
TERMINATION BY YOU
You may terminate your Account at any time by following the instructions provided on the Platform. Upon termination of your Account, you will lose access to the Services and any data associated with your Account.

TERMINATION BY PHONAL
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Services will immediately cease.

MISCELLANEOUS
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Latvia, without regard to its conflict of law provisions.

DISPUTE RESOLUTION
Any disputes arising out of or in connection with these Terms shall be resolved through amicable negotiations between the Parties. If the dispute cannot be resolved through negotiations within 30 days, it shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Riga, Latvia. The language of the arbitration shall be English.

ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Phonal regarding the use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

CONTACT US
If you have any questions about these Terms, please contact us at [email protected]
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
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