Terms of Service

Definitions

“Company”, “we”, “our”, or “us” in any of our policies or terms, refers to SwiftLingo.

“Services” refers to our websites, including swiftlingo.io, and any product created and maintained by SwiftLingo. That includes SwiftLingo, whether delivered within a web browser, desktop application, mobile application, or another format.

Finally, “you” or “your” refers to the people or organizations that own an account with one or more of our Services. We have a specific Account Ownership Policy for our products.

Acceptance of Terms

By using, accessing, or registering for the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must refrain from using the Service.

Account Terms

1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You may not use the Services for any purpose outlined in our Use Restrictions Policy, and you may not permit any of your users to do so, either.
3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
5. You must provide accurate and complete information during registration or while using SwiftLingo.

Payment, Refunds, and Plan Changes

1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card or sell your data.
2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. See our Cancellation Policy for more details.
3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. See our Taxes Policy for more details. Otherwise, you are responsible for payment of all taxes, levies, or duties.
5. We process refunds according to our Refund Policy.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our Support team.
2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
4. We reserve the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the deletion of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time, including, but not limited to violations of our Use Restrictions Policy.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Uptime, Security, and Privacy

1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements, but do take uptime of our applications seriously.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. We’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please refer to our Security Overview for full details and our Security Response page for how to report a security incident or threat.
4. You agree that SwiftLingo may process your data as described in our Privacy Policy and for no other purpose. On rare occasion, our staff may access your data for the following reasons:
   • To help you with support requests you make. We’ll ask for express consent before accessing your account.
   • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue.
   • To safeguard SwiftLingo. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. .

Copyright and Content Ownership

1. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
2. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
3. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
5. You agree to respect and not infringe upon the intellectual property rights of others.
6. You agree to cooperate with any inquiries and investigations conducted by Company related to suspected breaches of these Terms.

Services Adaptations and API Terms

We (may) offer Application Program Interfaces (“API”s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:

1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
3. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
4. Some third-party providers (may) have created integrations between our Services and theirs. We are not liable or accountable for any of these third-party integrations.

Liability

1. You agree that the Company is not liable to you or to any third party for damages of any kind that result from the use of the Services, in ability to access data, or unauthorized access of your data or account. The Company is also not liable for damages of any kind related to actions of any third party that uses the Services, or any other consequences related to the Terms or Services.
2. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by you to SwiftLingo during your most recent billing cycle prior to the event giving rise to the liability. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. This limitation of liability applies even if SwiftLingo has been expressly advised of the potential loss and even if the limited remedies provided herein fail of their essential purpose.
3. We do not guarantee the accuracy, reliability, or suitability of any translation output, and users acknowledge and assume all risks related to its use.
4. The Company shall not be liable for any delays or failures in performance resulting from causes beyond its reasonable control, including, without limitation, acts of God, terrorism, labor disputes, governmental actions, or any other events or circumstances beyond the Company’s control.
5. Users agree that they assume all risks associated with the use of the Service, including any reliance on the accuracy, completeness, or usefulness of any translation provided.
6. If you have a question about any of these Terms, please contact our Support team.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

1. Your use of the Service or any violation of these Terms.
2. Your violation of any rights of another, including without limitation any intellectual property, privacy, or data protection rights.
3. Any claim that your use of the Service has caused damage to any third party.

This indemnification obligation will survive the termination of these Terms and your use of the Service.

Use Restrictions

When you use any of SwiftLingo Services, you acknowledge that you may not:

1. Collect or extract information and/or user data from accounts which do not belong to you.
2. Circumvent, disable, or otherwise interfere with security-related features of the Services.
3. Trick, defraud, or mislead us or other users, including but not limited to making false reports or impersonating another user.
4. Upload or transmit (or attempt to upload or to transmit) viruses or any type of malware, or information collection mechanism, including 1×1 pixels, web bugs, cookies, or other similar devices.
5. Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
6. Harass, annoy, intimidate, or threaten others, or any of our employees engaged in providing any portion of the Services to you.
7. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
8. Use the Services in a manner inconsistent with any applicable laws or regulations.
9. Accounts found to be in violation of any of the above are subject to cancellation without prior notice.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute arising from or relating to these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands.

Miscellaneous

1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect
2. The Company reserves the right to modify these Terms at any time. Any modifications will be posted on the website and, where appropriate, notified to users via email. Continued use of the Service constitutes acceptance of the updated Terms.
3. These Terms, along with our Privacy Policy and any other legal notices published on the website, constitute the entire agreement between you and the Company regarding the Service.
4. Failure of the Company to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.