These terms and conditions
(“Agreement”) set forth the general terms and conditions of your use
of the “Swirl” mobile application (“Mobile Application” or
“Service”) and any of its related products and services (collectively,
“Services”). This Agreement is legally binding between you
(“User”, “you” or “your”) and Swirl Group LLC
(“Swirl Group LLC”, “we”, “us” or
“our”). By accessing and using the Mobile Application and Services,
you acknowledge that you have read, understood, and agree to be bound by the terms
of this Agreement. If you are entering into this Agreement on behalf of a
business or other legal entity, you represent that you have the authority to
bind such entity to this Agreement, in which case the terms “User”,
“you” or “your” shall refer to such entity. If you do not
have such authority, or if you do not agree with the terms of this Agreement,
you must not accept this Agreement and may not access and use the Mobile
Application and Services. You acknowledge that this Agreement is a contract between
you and Swirl Group LLC, even though it is electronic and is not physically
signed by you, and it governs your use of the Mobile Application and Services.
Accounts and membership
You must be at least 18 years of age to use the
Mobile Application and Services. By using the Mobile Application and Services
and by agreeing to this Agreement you warrant and represent that you are at
least 18 years of age. If you create an account in the Mobile Application, you
are responsible for maintaining the security of your account and you are fully
responsible for all activities that occur under the account and any other
actions taken in connection with it. We may monitor and review new accounts
before you may sign in and start using the Services. Providing false contact
information of any kind may result in the termination of your account. You must
immediately notify us of any unauthorized uses of your account or any other
breaches of security. We will not be liable for any acts or omissions by you,
including any damages of any kind incurred as a result of such acts or
omissions. We may suspend, disable, or delete your account (or any part
thereof) if we determine that you have violated any provision of this Agreement
or that your conduct or content would tend to damage our reputation and
goodwill. If we delete your account for the foregoing reasons, you may not
re-register for our Services. We may block your email address and Internet
protocol address to prevent further registration.
User content
We do not own any data, information or material
(collectively, “Content”) that you submit in the Mobile Application
in the course of using the Service. You shall have sole responsibility for the
accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual
property ownership or right to use of all submitted Content. We may monitor and
review the Content in the Mobile Application submitted or created using our
Services by you. You grant us permission to access, copy, distribute, store,
transmit, reformat, display and perform the Content of your user account solely
as required for the purpose of providing the Services to you. Without limiting
any of those representations or warranties, we have the right, though not the
obligation, to, in our own sole discretion, refuse or remove any Content that,
in our reasonable opinion, violates any of our policies or is in any way
harmful or objectionable. Unless specifically permitted by you, your use of the
Mobile Application and Services does not grant us the license to use,
reproduce, adapt, modify, publish or distribute the Content created by you or
stored in your user account for commercial, marketing or any similar purpose.
Backups
We perform regular backups of the Content and
will do our best to ensure completeness and accuracy of these backups. In the
event of the hardware failure or data loss we will restore backups
automatically to minimize the impact and downtime.
Advertisements
During your use of the Mobile Application and
Services, you may enter into correspondence with or participate in promotions
of advertisers or sponsors showing their goods or services through the Mobile
Application and Services. Any such activity, and any terms, conditions,
warranties or representations associated with such activity, is solely between
you and the applicable third party. We shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion between you
and any such third party.
Links to other resources
Although the Mobile Application and Services
may link to other resources (such as websites, mobile applications, etc.), we
are not, directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with any linked resource, unless
specifically stated herein. We are not responsible for examining or evaluating,
and we do not warrant the offerings of, any businesses or individuals or the
content of their resources. We do not assume any responsibility or liability
for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of
any resource which you access through a link in the Mobile Application and
Services. Your linking to any other off-site resources is at your own risk.
Changes and amendments
We reserve the right to modify this Agreement
or its terms relating to the Mobile Application and Services at any time,
effective upon posting of an updated version of this Agreement in the Mobile
Application. When we do, we will revise the updated date at the bottom of this
page. Continued use of the Mobile Application and Services after any such
changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement
and agree to all its terms and conditions. By accessing and using the Mobile
Application and Services you agree to be bound by this Agreement. If you do not
agree to abide by the terms of this Agreement, you are not authorized to access
or use the Mobile Application and Services.
Contacting us
If you have any questions about this Agreement,
please contact us
This document was last updated on December 8,
2023