The following document outlines the Terms of Service (“Terms”) of the sWaiver website and services. Please read these Terms fully and carefully.
Before using any of the sWaiver services, you are required to read, understand, and agree to these Terms. We may update the Terms at any time and without prior notice by posting a new version at swaiver.com/terms. The information on this site and your use of it is subject to the most recent version of the Terms posted. If you continue to use the Services, you are indicating that you agree to the updated Terms.
For the applicable fee set out in our sWaiver policies, we offer a software service (the “Service”), which – basically – consists of a web application called sWaiver that allows you to interact with web pages and provides sophisticated tools to create and manage waivers.
In order to use the Service, you must create an account (“Account”) via sWaiver application and become a registered user (“User”). You have to provide us with accurate and complete information and keep it up-to-date. You’ll notify us immediately of any unauthorized use of your Account and you’re responsible for all activities that occur under your Account, whether or not you know about them.
if you are a User, sWaiver provides you (subject to your compliance with the Terms), access to its services. The data created with sWaiver are hosted on our server.
Our Terms cover the use of our Service, and are applicable to all its users. When we say, “sWaiver”, ”we," "our," or "us," we’re referring to Zagor Solutions LTD, registered with the Cyprus Trade Register with registration number HE383555, our employees, directors, officers, affiliates, and subsidiaries. When we say, "you" or "your," we’re referring to you, your team, company or persons that have registered with us to use sWaiver.
If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
We have taken technical precautions to keep your information safe. All information transferred between you and us, or between you and other users, is shared with us is treated with strict confidentiality.
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Us and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.
Any unauthorized use of any sWaiver Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
We reserves the right to terminate any account that it finds in violation of its Terms of Service by receiving abuse complaints higher than allowed, without refund.
All content (“Content”) created with the Service is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not sWaiver, are entirely responsible for all Content that you post, or otherwise create and distribute using the Service. We do not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content.
As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended. By way of example, and not as a limitation, you agree not to use the Service:
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable, in violation of these Terms or the law. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
sWaiver respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person and to terminate in appropriate circumstances Users who repeatedly infringe the rights of copyright holders. sWaiver will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Service.
The Services may contain links to third-party websites or resources and may offer integration with such third-party websites or services. We provide these links and integration functions only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of or integration with any third- party websites or resources.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Online store transactions are processed by Braintree. If you have a problem with your online store transaction please email us at firstname.lastname@example.org.
In order to use the Service, you are required to purchase a subscription (“Subscription”). You may change the type of Subscription at any time by emailing us at email@example.com and following any instructions, if any, we provide to you in response to your change request.
For details on pricing, please visit swaiver.com/#pricing.
When you purchase a Subscription (such purchase, a “Transaction”) you expressly authorize us (or our third party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to our third party service providers so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
if you purchase a Subscription, you will be charged the then applicable Subscription fee (“Subscription Fee”) at the beginning of your Subscription and each month thereafter, depending on the term of your Subscription, at the then-current rate. Subscription Fees are outlined at swaiver.com/#pricing. Please note that our Subscription Fees are subject to change, although we will notify you before we effect any change in Subscription Fees.
By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or sWaiver. We (or our third party payment processor) will automatically charge you in accordance with term of your Subscription (e.g., each quarter or year), on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. We (or our third party payment processor) may also periodically authorize your payment method in anticipation of applicable fees or related charges. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms.
sWaiver will not, under any circumstances, issue cash refunds for early contract cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or payment type account (creditcard/Paypal) for the appropriate amount.
You may cancel your Subscription at any time but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can either (i) email us at firstname.lastname@example.org and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through your Profile settings within the Service (app.swaiver.com/#/profile). You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then current Subscription period. If you cancel, we will allow you to use and access the Service with such Subscription until the most recently paid-up Subscription period ends. You acknowledge sole responsibility for and assume all risk arising from cancellation of your Subscription.
For purposes of these Terms: (i) “Content” means text, graphics, designs, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services. Content includes without limitation User Content.
As between you and sWaiver, you own your User Content - sWaiver does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, sWaiver and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by sWaiver or any other users on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By making any User Content available through our Services you hereby grant to sWaiver a limited, non-exclusive, worldwide, royalty-free, transferable license to access, view, use, copy, modify, publicly display, publicly perform and distribute your User Content to the extent reasonably needed to operate and provide the Services to you.
You understand and agree that you share your User Content through the Services at your own risk. sWaiver is not responsible for any ownership or licensing arrangements between you and other Team Members regarding User Content, or between you and anyone else that has access to the Service, it’s your responsibility to spell out the rights that your Team Members or the general public, as applicable, have in connection with their access to and use of the Service.
We are not responsible for resolving any intellectual property or ownership disputes between Team Members or between you and anyone else that has access to the Service.
sWaiver may terminate or suspend the Service and/or your sWaiver account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your sWaiver account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON- INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless sWaiver and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.
Neither sWaiver nor any other party involved in creating, producing, or delivering the services, tools or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use or inability to use the Services, Tools, or Content, Whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not sWaiver has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will sWaiver’s total liability arising out of or in connection with these Terms, any dispute in relation to intellectual property rights in a design or from the use of or inability to use the Services or Content exceed the amounts you have paid to sWaiver for use of the Services or Content.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between sWaiver and you.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) by emailing us at email@example.com. As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback.
You agree that sWaiver may identify you or your company and use your company’s logo and trademarks (collectively, the “Marks”) on the Site and in marketing materials to identify you or your company as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of sWaiver or the Services. If you do not want to allow us the right to use your Marks or identify you or your company you may opt out such marketing requests by emailing us at firstname.lastname@example.org.
This Agreement is governed by Cyprus law. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to this Agreement will be the courts located in Cyprus.
If you have any questions about these Terms or the Services please contact sWaiver at: email@example.com.