SwipeQ

SWIPEQ Terms and Conditions

This page contains the terms and conditions (the "Terms and Conditions") for SWIPEQ LLC. In order to use this mobile software application, including any third party software made available to you in conjunction with this software and/or the related service, (collectively referred to below as "SWIPEQ") you agree to be bound by these Terms and Conditions, either on behalf of yourself or on behalf of your employer or other entity. If you are agreeing to be bound by these Terms and Conditions on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms and Conditions. If you don't have the legal authority to bind, do not proceed with use of this product.

Additional Terms

SWIPEQ retains the right to support code versions at SWIPEQ's sole discretion. Access to and support for certain SWIPEQ functionality or code may be updated or replaced as SWIPEQ intends to continuously improve its capabilities in response to customer feedback.

Network Charges

Depending on your plan and your carrier or provider, you may be charged for use of your mobile phone when using SWIPEQ. SWIPEQ is not responsible for these charges so please refer to your mobile phone plan for details.

Non-Commercial Use Only

SWIPEQ is made available to you for your non-commercial, personal use only.This license and any associated updates is for use on a single device. Please obtain SWIPEQ's permission before selling SWIPEQ or any information, services, or software associated with or derived from it, or before modifying, copying, licensing, or creating derivative works from SWIPEQ.

Unless you have our prior written consent, you agree not to copy, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from SWIPEQ. Any attempt to do so is a violation of the rights of SWIPEQ and may subject you to prosecution and damages.

By relaying comments or feedback to SWIPEQ, via email, or any other form of direct contact, you grant SWIPEQ and third parties permission to use and incorporate your ideas or comments into SWIPEQ (or third party software) without further notice or compensation.

Consent to Use of Non-Personal Data

You agree that SWIPEQ and its partners may collect and use technical and related information, including but not limited to technical information about your phone, phone software, and SWIPEQ application configuration that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the SWIPEQ services, and to verify compliance with the terms of this License. SWIPEQ may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

SWIPEQ may provide certain capabilities (e.g., location based task reminders in "got-2") through your phone that rely upon location information. To provide these services, SWIPEQ and supporting technology providers (e.g., Google Maps to place an address on a map) may process and use your location data, including the real-time geographic location of your phone. By using or activating any location-based services on your phone, you agree and consent to SWIPEQ's and its partners' collection and use of your location data to provide you with such services. The location data is collected in a form that does not personally identify you and is not stored or maintained by SWIPEQ other than on your device. You may withdraw this consent at any time by turning off the location-based feature on your phone or by not using the location-based features of SWIPEQ. Turning off or not using these features may impact the functionality of some SWIPEQ application elements (e.g., location based task reminders in "got-2").

Intellectual Property

As between you and SWIPEQ, you agree and acknowledge that SWIPEQ owns all rights, title and interest in and to SWIPEQ, including without limitation all associated Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter SWIPEQ's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the SWIPEQ.

Disclaimer of Warranties

SWIPEQ and any third party who makes its software available in conjunction with or through SWIPEQ disclaim any responsibility for any harm resulting from your use of SWIPEQ and/or any third party software accessed in conjunction with or through SWIPEQ.

SWIPEQ IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SWIPEQ AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SWIPEQ AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SWIPEQ AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE SWIPEQ AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SWIPEQ. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SWIPEQ OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SWIPEQ BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF SWIPEQ. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SWIPEQ AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SWIPEQ MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SWIPEQ, FROM INABILITY TO USE SWIPEQ MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SWIPEQ, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SWIPEQ MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SWIPEQ (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Certain SWIPEQ components allow access to publicly available search engines, advertisements, and content. You understand that by using any of these capabilities, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree SWIPEQ shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that SWIPEQ is not responsible for examining or evaluating the content, accuracy, completeness, currency, validity, copyright compliance, legality, decency or quality of any such third-party data, materials or web sites. Links to other web sites are provided solely as a convenience to you. To the extent you choose to access such content, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

Location data provided by any SWIPEQ component is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.

SWIPEQ and its partners reserve the right to change, suspend, remove, or disable access to any SWIPEQ capability at any time without notice. In no event will SWIPEQ be liable for the removal of or disabling of access to any such Services. SWIPEQ may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

Termination

This License is effective until terminated. Your rights under this License will terminate automatically without notice from SWIPEQ, if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the SWIPEQ software and updates.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflict of laws provisions of New York or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

SWIPEQ does not plan to make major changes to these Terms and Conditions, however, you should periodically review the most up-to-date version at http://www.SWIPEQ.com/terms. SWIPEQ may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

These Terms and Conditions constitute the entire agreement between you and SWIPEQ with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by SWIPEQ.