License Agreement for swop.it Mobile Software
Accepting the terms and conditions of this License Agreement for swop.it mobile software (hereinafter referred to as the "License Agreement"
) is mandatory to use software, rights to which belong to Pointfor Services LTD
(Registration address: 1061, Nikosia, Cyprus, Kypranoros 13).
Please read attentively the provisions, terms and conditions of the License Agreement before installing swop.it mobile software on your mobile device.
Unless you agree with the terms and conditions of this License Agreement or are able to use the Software in accordance with the terms and conditions hereof, please stop installing the Software and/or promptly delete the same from your mobile device.
Downloading and installation of the Software (as described below) on mobile devices and/or use thereof shall imply complete agreement with the terms and conditions of this License Agreement. Any use of the Software in violation of the terms and conditions set forth herein shall be prohibited, illegal and punishable by prosecution in court. 1. GENERAL PROVISIONS
1.1. This License Agreement shall constitute an agreement between you, an individual with full legal capacity, being the end user of the Software (the "User
"), and Pointfor Services LTD (the "Company
") in respect of the swop.it mobile software (the "Software"
1.2. The Software is Android and iOs mobile application swop.it allowing the User to get access to the database of goods sold by the sellers who have placed the relevant advertising.
The Software shall be used by the User in accordance with the terms and conditions of this License Agreement (swop.it), as well as rules included in the Software functionality (the "swop.it Rules"
The Company, being the Software exclusive right holder, shall confer on the User the right to download/purchase/use the Software at no charge for personal non-commercial purposes. The use of Software by any means other than provided for in this License Agreement shall only be possible under a separate agreement with the Company.
1.3. By using Software, the User shall confirm that the User has reached the age which allows the him/her to act within the Software and Service framework, which the User is entitled to decide on their own and assume liability for the same under the applicable laws. If the User has not reached this age, he/she shall not have the right to use the Software and Service without the consent of his/her parents or legal representatives. The liability for the actions carried out by the User who has not reached the required age shall be imposed on his/her parents or legal representatives.
1.4. The Company has all necessary rights to enter into this License Agreement. The Software shall be used solely pursuant to this License Agreement. The User shall not modify or delete any copyright notices and/or any trademarks contained in the Software.
1.5. The installation and/or use of the Software shall evidence that the User completely and unconditionally consents to the terms and conditions of this License Agreement. The User shall be invited to review the provisions, terms and conditions hereof and accept the same before installing the Software on a mobile device. It shall not be functionally possible to install the Software without accepting the provisions, terms and conditions of the License Agreement.
The User also confirms that he/she has fully read the swop.it Rules and fully understands them, as well as the subject matter and conditions of the purchase and sale agreement concluded with the seller. The User confirms that he/she fully understands the meaning and consequences of his/her actions with regard to the conclusion and fulfillment of the purchase and sale agreement concluded with the seller. 2. LIMITED LICENSE
2.1. Once this License Agreement is accepted, the User shall be entitled to install and use the Software free of charge under a non-exclusive license (install and record the Software to the memory of his/her mobile device) at his/her sole discretion. The Company shall not confer on the User any Software use rights other than expressly stated herein.
2.2. The User shall be banned from:
distributing, leasing or renting out the Software or any copies of the same to third parties for a fee;
altering, merging, adapting, decompiling, disassembling, modifying, translating into other languages or otherwise changing the Software or any of its components;
creating derivative works based on the Software;
using the Software by any means other than expressly stipulated in this License Agreement.
2.3. The User may use the Software throughout the term of this License Agreement in the above-mentioned manner in any part of the globe.
2.4. The Software shall be intended exclusively for personal non-commercial use by the User.
2.5. All rights not mentioned in this License Agreement shall be reserved. 3. AUTOMATIC SOFTWARE UPDATES
3.1. For the Software improvement purposes, the Company reserves the right to automatically update and modify the Software when the User's device is connected to Internet without obliging the User to install such updates and modifications manually. In order to ensure the effectiveness of such updates and modifications and allow the User to continue using the Software, the User hereby expressly consents to the automatic installation of such updates and modifications.
3.2. This License Agreement shall also apply to any automatic updates/supplements/modifications of the Software completed by the Company through the Internet global network. All updates shall be inherent in the Software and shall be covered by the rules, terms and conditions set forth in this License Agreement. 4. USER AUTHORIZATION. USE OF DATA
4.1. The User shall have the right to use the Software through any online account existing in the software interface. Any and all actions undertaken through such online account of the User shall be deemed to have been undertaken by the User. The User shall be obliged to safeguard the User's online account security and keep the User's data confidential for authorization.
4.2. The User hereby agrees that the Company may collect, store for an indefinite period or otherwise process any anonymous information about the Software use by the User, information about any and all hardware and software installed on the User's mobile device and any other anonymous technical or statistical information as the Company may need to detect and remedy the Software operational failures, improve the Software, as well as for marketing purposes. Therefore, the Users hereby confirms his/her consent with the fact that the Company may upload the files of software products to the User's device system, which shall record the information about CPU, core memory, operation system, video card, sound card and any other anonymous technical and statistical information from the User's device.
"). All information so collected shall be completely anonymous and may not be classified as belonging to a particular User. 5. SUBSCRIPTION
The mobile application offers the Swop.it Plus subscription that grants you access to additional features like:
- 10% coin's cash back of spendings in deals with coins - the coin's cash back will be returned to user's balance after the deal would be completed, but no more then 1000 per subscription period (month) total.
- special verification badge placed on user's profile;
- topping up the balance of boosts in subscription period (month) up to 5. These boosts doesn't accumulate and transfer to next subscription period.
5.2. We offer monthly subscription. Payment will be charged to your credit/debit card through your iTunes Account or Google Play after you confirm your purchase. Paid subscriptions automatically renew unless auto-renew is turned off, until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period. 6. WARRANTY DISCLAIMER
6.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE USER IN RESPECT OF SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT WARRANTIES OF QUALITY, SUITABILITY FOR ANY PARTICULAR PURPOSE AND RESPECT FOR RIGHTS. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. THE USER UNDERSTANDS AND ACCEPTS ALL RISKS ASSOCIATED WITH ANY DAMAGE AND LOSSES ARISING OUT OF THE USE OF OR AN INABILITY TO USE THE SOFTWARE.
6.2. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE USER'S REQUIREMENTS AND WILL ALWAYS FUNCTION SECURELY AND FAULTLESSLY. 7. LIMITATION OF LIABILITY
7.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW NEITHER THE COMPANY NOR ITS LICENSORS AND PARTNERS SHALL BE HELD LIABLE IN ANY MANNER WHATSOEVER TO THE USER FOR ANY LOSSES (INCLUDING, BUT NOT LIMITED TO, REAL DAMAGE, INCIDENTAL LOSSES, INDIRECT LOSSES, LOSS OF PROFIT OR LOSS OF DATA, WHETHER PROJECTED OR OTHERWISE) ARISING OUT OF THIS AGREEMENT AND THE USE OF SOFTWARE BY THE USER AND OTHER MATERIALS PROVIDED TO THE USER BY THE COMPANY.
7.2. THE COMPANY SHALL NOT BE HELD LIABLE FOR THE INABILITY TO INSTALL OR START THE SOFTWARE ON THE USER'S MOBILE DEVICE, AS WELL AS FOR ANY POSSIBLE SOFTWARE ERRORS OR FAILURES. THE USER MUST HAVE AN INTERNET CONNECTION TO USE THE SOFTWARE. ANY AND ALL EXPENSES IN CONNECTION WITH THE INTERNET CONNECTION INSTALLATION AND USE SHALL BE BORNE AND PAYABLE BY THE USER. THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DAMAGE CAUSED TO THE USER BY INTERNET CONNECTION OR THE USER'S SOFTWARE INSTALLATION ON THE USER'S DEVICE. 8. GOVERNING LAW: JURISDICTION
8.1. This License Agreement shall be governed by the laws applicable in the place of the Company's registration.
8.2. Any and all disputes which may arise out of or in connection with this License Agreement shall be settled amicably by negotiation between the Parties without resorting to court action.
8.3. If the Parties fail to reach an agreement pertaining to pre-trial dispute resolution, such disputes shall be resolved in a court of the relevant jurisdiction of the Company's incorporation. 9. MISCELLANEOUS
9.1. This License Agreement shall remain in full force and effect until either Party repudiates its terms and conditions for convenience. The User shall be entitled to repudiate this License Agreement at any time by deleting the Software from his/her mobile device. The Company shall be entitled to repudiate this License Agreement by giving notice to the User by such means as may be available to the Company, in which case the User shall be obliged to delete the Software from his/her mobile device immediately.
9.2. The Company may change the functionality and data content of the Software at any time at its sole discretion without giving special notice to the User.
9.3. The Company shall be entitled to appoint and/or transfer its rights and responsibilities under this License Agreement or any part of the same to any third party without giving notice to the User at its sole discretion at any time. The rights of each User shall be personal and may not be transferred.
9.4. In the event of termination of this License Agreement, Sections 4, 5, 6, 7 and paragraph 8.4 hereof shall survive its termination.
9.5. This License Agreement, unless otherwise provided herein, constitutes the entire agreement between the Parties in respect of the Software use by the User and supersedes any prior oral and written understandings or oral and written agreements, which simultaneously with the execution of this License Agreement concern the subject matter hereof, are amalgamated in this License Agreement.
9.6. If any provision of this License Agreement is held by a court of competent jurisdiction to contravene the law, such provision shall be complied with to the fullest possible extent or replaced with the one compliant with the applicable law and the remainder of the provisions herein shall
continue in full force and effect.
9.7. The Company reserves the right to review the terms and conditions of this License Agreement, updating the same in the software interface of the Software or giving notice to the Users via any available communication channels. The amended License Agreement shall come into force upon its publication. It is recommended that the Users check the Software interface from time to time as to the availability of notices of such amendments. By subsequently using the Software following such amendment, the User shall be deemed to consent to the terms and conditions of the License Agreement as amended.
Should you have any questions concerning this License Agreement, please use the following e-mail address: firstname.lastname@example.org
Version 1.1 dated Oct 29, 2021.
©Pointfor Services LTD