End User License Agreement (EULA) and Terms of Use

1.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on devices you own or control
• Access and use the App for personal, non-commercial purposes

1.2 License Restrictions

You may NOT:

• Copy or modify the App, except as expressly permitted
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any proprietary notices or labels
• Rent, lease, lend, sell, or sublicense the App
• Use the App for any commercial purpose without our consent
• Transfer the App to any third party
• Create derivative works based on the App
• Use the App in any manner that violates applicable laws

1.3 Updates and Modifications

We may:

• Update the App to improve functionality, security, or compliance
• Modify or discontinue features with or without notice
• Require you to accept updates to continue using the App

Continued use of the App after updates constitutes acceptance of changes.

2.1 Permitted Use

You may use Swipd to:

• Discover and browse products
• Create and manage wishlists
• Access product information and pricing
• Navigate to retailer websites to make purchases

2.2 Prohibited Conduct

You agree NOT to:

Illegal Activities

• Violate any local, state, national, or international law
• Engage in fraudulent activities or misrepresentation
• Infringe upon intellectual property rights

System Abuse

• Attempt to gain unauthorized access to our systems
• Use automated tools (bots, scrapers) without permission
• Overload or interfere with App infrastructure
• Introduce viruses, malware, or harmful code

Data Misuse

• Collect or harvest user information without consent
• Use the App to spam or send unsolicited communications
• Impersonate others or create fake accounts

Commercial Misuse

• Use affiliate links for commercial gain without authorization
• Manipulate prices or product information
• Resell or redistribute App content

2.3 Monitoring and Enforcement

We reserve the right to:

• Monitor usage for compliance with these Terms
• Investigate suspected violations
• Take appropriate action, including account suspension or termination
• Cooperate with law enforcement authorities

3.1 Account Types

Guest Accounts

• No registration required
• Limited to device-specific data
• Data retained for 90 days of inactivity

Registered Accounts (Apple Sign-In)

• Requires Apple ID authentication
• Cross-device data synchronization
• Enhanced features and personalization

3.2 Account Responsibility

You are responsible for:

• Maintaining the security of your Apple ID
• All activities that occur under your account
• Notifying us of unauthorized access
• Ensuring your account information is accurate

3.3 Account Termination

By You:

• Sign out: Settings > Sign Out
• Delete account: Settings > Delete Account (permanent)

By Us:

• Violation of these Terms
• Fraudulent or illegal activity
• Request by law enforcement
• Extended inactivity (guest accounts)

3.4 Effect of Termination

Upon termination:

• Your license to use the App terminates immediately
• We may delete your data (subject to legal retention requirements)
• Outstanding obligations survive termination
• You must cease all use of the App

4.1 Your Data

You retain ownership of data you provide, including:

• Wishlist items and preferences
• Account information
• Interaction history

4.2 Limited License to Us

By using Swipd, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store and process your data to provide services
• Use anonymized/aggregated data for analytics and improvements
• Display your preferences to personalize recommendations

4.3 Data Accuracy

You represent and warrant that:

• Information you provide is accurate and current
• You have the right to share any data you provide
• Your use does not violate third-party rights

4.4 Prohibited Content

Do not submit content that:

• Is illegal, harmful, or offensive
• Violates intellectual property rights
• Contains viruses or malicious code
• Includes personal information of others without consent

5.1 Affiliate Relationship

Important Disclosure: Swipd participates in affiliate marketing programs. When you click on product links and make purchases, we may earn a commission at no additional cost to you.

5.2 Affiliate Partners

Current partners include:

• Amazon Associates Program
• Additional retailers (updated periodically)

5.3 Commission Structure

• Commissions are paid by retailers, not users
• Prices are identical whether purchasing through Swipd or directly
• Commission rates vary by product category (typically 1-10%)
• We do not have visibility into your purchase details

5.4 Product Recommendations

Our recommendations are based on:

• User preferences and behavior
• Product popularity and ratings
• Affiliate commission potential (disclosed)

We strive for unbiased recommendations but acknowledge that affiliate relationships may influence product selection.

5.5 Price Accuracy

While we update pricing regularly:

• Prices may change without notice
• Always verify pricing on retailer's website
• We are not responsible for pricing errors

6.1 Retailer Websites

When you click product links, you are redirected to third-party retailer websites (e.g., Amazon). These websites are governed by their own terms and privacy policies.

We are NOT responsible for:

• Product quality, availability, or fulfillment
• Retailer terms, policies, or practices
• Transactions between you and retailers
• Returns, refunds, or customer service issues

All purchases are contracts between you and the retailer.

6.2 Apple Services

Swipd uses Apple Sign-In, subject to Apple's terms:

• Apple Terms of Service
• Apple Privacy Policy

6.3 Third-Party Links

Our App may contain links to third-party websites or services. We do not endorse or control these third parties and are not responsible for their content, policies, or practices.

7.1 Our Ownership

Swipd and all related content are protected by copyright, trademark, and other intellectual property laws. We (or our licensors) own all rights to:

• App source code and design
• Swipd name, logo, and branding
• App interface and user experience
• Original content and documentation
• Recommendation algorithms and technology

7.2 Trademarks

"Swipd" and associated logos are trademarks of Swipd. You may not use our trademarks without prior written permission.

7.3 Third-Party Content

Product images, descriptions, and other content are owned by retailers and manufacturers. We display this content under license or fair use principles for informational purposes.

7.4 Feedback

If you provide feedback, suggestions, or ideas:

• You grant us unlimited rights to use, modify, and commercialize them
• No compensation is owed to you
• We have no obligation to implement or credit your feedback

8.1 "AS IS" and "AS AVAILABLE"

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability: Fitness for a particular purpose
• Non-infringement: Respect for third-party rights
• Accuracy: Of product information, prices, or availability
• Reliability: Uninterrupted or error-free operation
• Security: Absolute protection against unauthorized access

8.2 No Guarantee of Results

We do not guarantee:

• Specific savings or benefits from using Swipd
• Availability of products or prices shown
• Affiliate commissions will be tracked or paid correctly
• Compatibility with all devices or operating systems

8.3 Product Information

Product information is provided for convenience only:

• Sourced from third-party retailers
• May be outdated or inaccurate
• Not independently verified by us
• Subject to change without notice

Always verify product details, prices, and availability on the retailer's website before purchasing.

8.4 No Professional Advice

Swipd does not provide:

• Financial, legal, or professional advice
• Product recommendations constituting endorsements
• Guarantees of product quality or suitability

9.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Swipd AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

Indirect Damages

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute goods or services
• Emotional distress or reputational harm

Direct Damages

• Arising from use or inability to use the App
• Unauthorized access to your account or data
• Errors, bugs, or App malfunctions
• Third-party conduct (including retailers)

Even if we have been advised of the possibility of such damages.

9.2 Cap on Liability

Our total liability for any claims arising from your use of Swipd shall not exceed:

• $100 USD, or
• The amount you paid to us in the past 12 months (currently $0 as the App is free)

Whichever is greater.

9.3 Jurisdictional Limitations

Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages. In such cases, the above limitations may not apply, and our liability shall be limited to the fullest extent permitted by applicable law.

9.4 Basis of the Bargain

You acknowledge that:

• The App is provided free of charge
• These limitations are a fundamental element of our agreement
• We would not provide the App without these limitations

10.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Swipd and its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

1. Your Use of the App: Including violations of these Terms
2. Your Content: Information or data you provide
3. Your Conduct: Actions taken while using Swipd
4. Third-Party Rights: Infringement of intellectual property or other rights
5. Legal Violations: Breach of applicable laws or regulations

10.2 Defense and Settlement

We reserve the right to:

• Assume exclusive defense and control of any matter subject to indemnification
• Require your cooperation in defending such claims
• Approve any settlement that affects our rights or obligations

11.1 Termination by You

You may stop using Swipd at any time by:

• Uninstalling the App from your device
• Signing out of your account
• Requesting account deletion (Settings > Delete Account)

11.2 Termination by Us

We may suspend or terminate your access immediately, without notice, for:

• Violation of these Terms
• Illegal or fraudulent activity
• Threat to App security or integrity
• Extended inactivity (guest accounts: 90 days)
• Court order or legal requirement
• Business decision to discontinue the App

11.3 Effect of Termination

Upon termination:

• Your license terminates immediately
• You must cease using the App and delete all copies
• We may delete your data (subject to legal obligations)
• Provisions that by nature should survive (e.g., indemnification, disclaimers) remain in effect

11.4 No Refunds

Since Swipd is free, no refunds are applicable. If we introduce paid features in the future, refund terms will be specified separately.

12.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy explains:

• What data we collect
• How we use, share, and protect your data
• Your privacy rights and choices

By using Swipd, you consent to our data practices as described in the Privacy Policy.

12.2 Data Collection

We collect:

• Account information (Apple ID, email)
• Usage data (swipes, clicks, wishlists)
• Device information (model, OS version)
• Analytics and performance data

12.3 Your Rights

You have rights to:

• Access your personal data
• Request corrections or deletions
• Opt-out of certain data uses
• Export your data (data portability)

See our Privacy Policy for details on exercising these rights.

13.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes may be made to:

• Reflect legal or regulatory requirements
• Improve clarity or user experience
• Address new features or services
• Respond to user feedback

13.2 Notification of Changes

For material changes, we will notify you by:

• Displaying an in-app notification
• Sending an email (for registered users)
• Posting updated Terms with a new "Last Updated" date

13.3 Acceptance of Changes

By continuing to use Swipd after changes take effect, you accept the revised Terms. If you do not agree, you must stop using the App and may delete your account.

13.4 Version History

Previous versions of these Terms are available upon request at [email protected].

14.1 Informal Resolution

Before filing a legal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to reach an amicable resolution.

14.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or your use of Swipd shall be resolved through binding arbitration rather than in court, except:

• Small claims court actions (if eligible)
• Intellectual property disputes
• Injunctive or equitable relief

Arbitration Terms:

• Governed by the American Arbitration Association (AAA) rules
• One arbitrator mutually agreed upon
• Language: English
• Costs: Each party bears its own costs unless otherwise required by law

14.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY, NOT AS PART OF A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

You waive the right to:

• Participate in class actions
• Bring claims on behalf of others
• Consolidate your claim with others' claims

This waiver is governed by the Federal Arbitration Act and survives termination of these Terms.

14.4 Exceptions

Notwithstanding the above, either party may:

• Seek injunctive or equitable relief in court
• Bring claims in small claims court (if eligible)
• Report violations to law enforcement

14.5 Governing Law

These Terms are governed by applicable laws, without regard to conflict of law principles.

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Swipd regarding the App, superseding any prior agreements or understandings.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect. Invalid provisions will be modified to reflect the parties' intent to the fullest extent permitted by law.

15.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other. Waivers must be in writing and signed by an authorized representative.

15.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms at any time without restriction, including in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We are not liable for delays or failures in performance due to causes beyond our reasonable control, including:

• Natural disasters or acts of God
• War, terrorism, or civil unrest
• Government actions or legal restrictions
• Network or infrastructure failures
• Pandemics or public health emergencies

15.6 Export Compliance

You agree to comply with all export and import laws and regulations applicable to your use of the App. You represent that you are not located in a country subject to U.S. embargo or listed as a "terrorist supporting" country.

15.7 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

15.8 No Third-Party Beneficiaries

These Terms are for the benefit of you and Swipd only. No third party has the right to enforce any provision.

15.9 Survival

Provisions that by their nature should survive termination (including indemnification, disclaimers, limitations of liability, and dispute resolution) remain in effect after termination.

Questions or Concerns?

If you have questions about these Terms, please contact us:

Acknowledgment

You acknowledge that:

• These Terms are between you and Swipd, not Apple
• Apple has no obligation to provide support for the App
• Apple is not responsible for addressing claims related to the App
• Apple is a third-party beneficiary of these Terms and may enforce them

Scope of License

The license granted is limited to a non-transferable right to use Swipd on Apple-branded devices you own or control, as permitted by Apple's App Store Terms of Service.

Maintenance and Support

Swipd (not Apple) is responsible for maintenance and support services.

Product Claims

Swipd (not Apple) is responsible for addressing any claims regarding the App, including:

• Product liability claims
• Failure to conform to legal or regulatory requirements
• Consumer protection or similar claims

Intellectual Property

In the event of third-party claims that the App infringes intellectual property rights, Swipd (not Apple) is responsible for investigation, defense, settlement, and discharge.

Acknowledgment

You acknowledge that:

• These Terms are between you and Swipd, not Google
• Google has no obligation to provide support for the App
• Google is not responsible for addressing claims related to the App
• You must comply with Google Play's Terms of Service when using the App

Scope of License

The license granted is limited to a non-transferable right to use Swipd on Android devices you own or control, as permitted by Google Play's Terms of Service.

Maintenance and Support

Swipd (not Google) is responsible for maintenance and support services.

Product Claims

Swipd (not Google) is responsible for addressing any claims regarding the App, including:

• Product liability claims
• Failure to conform to legal or regulatory requirements
• Consumer protection or similar claims

Intellectual Property

In the event of third-party claims that the App infringes intellectual property rights, Swipd (not Google) is responsible for investigation, defense, settlement, and discharge.