Terms & Conditions

Last updated: 16 April, 2018


1. Introduction

By reading these terms it means that you are interested on Swonkie, based in Vila Nova de Famalicão, Av. Riopele nº325, Portugal and we are glad about that. The following terms and conditions govern your access and use of the Swonkie website, swonkie.com and all subdomains included as well.

These terms and conditions, also called “Agreement”, cover our rules and our policies to use the platform.

By accessing and using our platform, you are accepting to be bound by the terms and conditions of this agreement. If you do not agree with these terms you should not access and use our platform.

If these terms and conditions are considered an offer, acceptance is expressly limited to these terms. However you cannot reject our privacy policy and you must read it together, here.

Swonkie reserves the right, at any time, to update, modify and replace any part or all of these terms and conditions.
You will be notified when it occurs and continuing to use the platform shall constitute your agreement with those changes.

Please check these Terms periodically for changes. Modifications will become effective upon the earlier of:

i) your acceptance of the modified Terms;
ii) your use of the Service with actual knowledge of the modified Terms;
iii) thirty (30) days following our publication of the modified Terms through the Service.

To notify you, Swonkie could make a banner notice to alert you or send an email or a message through our platform.

The last version is always updated on: swonkie.com/terms&conditions

2. Conditions of use

This agreement sets forth certain terms and conditions that apply to users.

During this agreement Swonkie will provide to you and your authorized users a right to access and use our services for the conditions subscribed and paid.

Swonkie reserves the right to change, suspend or discontinue the service at any time. This suspension may include availability of any feature, database or content, however this action will be reported on our platform in advance.

User must guarantee the internet connection to connect, access and login on our platform. The user also needs to ensure that their equipment are compatible with our platfom in terms of software and hardware.

From time to time Swonkie may update the services, i.e add, modify, remove any functionality, feature or content. If at any time any supported platform (third-party api) cease to make their programs available to Swonkie on reasonable terms, Swonkie may cease to provide such features to you without entitling you to a refund, credit or any compensation.

Swonkie may suspend your access to the services for abusive practices that degrade the performance of the services for you/or other swonkie’s costumers.

As a Swonkie user you will be exposed to third-party content such as information and images that might be offensive, inaccurate and inappropriate. Be aware that Swonkie does not control, review or do any check confirmation for this kind of content.

Swonkie may also use Customer Content with the purpose of supporting and developing the Services, provided that when doing so, Swonkie shall only use Customer Content in an anonymized and aggregated way.

You are solely responsible for the Customer Content that you or Authorized Users upload, publish, display, link to, or otherwise make available via the Services, and you agree that Swonkie is only acting as a passive conduit for the online distribution and publication of the Customer Content and the online display of Queries and Mentions.

Swonkie has no obligation to preview, verify, check or delete any indecent, offensive and unlawful content.

Every content posted by you is at your entire responsibility and Swonkie shall no be liable to you or any third party.

You are responsible for the content that you upload, publish, display via Swonkie and you agree that Swonkie doesn’t have any control on the content published by you.

As a Swonkie user you must:

i) Be responsible for your content and keep your personal data confidential, including your password;
ii) Contact Swonkie if you detect any suspicious activity on your account;
iii) Use the service only in accordance with the law and government regulations;

As a Swonkie user you must not:

i) Rent or sell your account service to a third party (or another person); ii) Upload or transmit any virus, by software or by link;
iii) Use any deep link, page scrape, rebot, spider or other automatic program to copy our service or any ideias, features and functions;
iv) Use the Service for any illegal purpose and violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
v) Modify or create derivatives of any part of the Service;
vi) Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of Birth;

Swonkie could suspend your access to our services if any conditions above or under are violated.

Bear in mind that when you access the third party services you are at your own risk and these third parties services are governed by their own terms and conditions. Please read it carefully.

3. Rights

Swonkie keeps the right, at any time, announced previously or not, to shut down any feature, third party service or even shut down the platform service, if we decide to do so, without any user compensatition or refund.

In that case, if the user already bought a paid service or feature on our platform the user is not due any compensatition from Swonkie.

There Terms are effective beginning when you accept the Terms, register, login or access the service, and ending when the Subscription is over or cancelled by Swonkie.

If you violate these Terms we can suspend your access to the service at any time with reason or no reason, with or without notice.

Swonkie may also use customer content for some actions in terms of supporting and developing the platform. However, this content will be used anonymously.

We reserve the right to refuse registration if our servers are full.
In case of hacking or any action against a third party that cause any damage to you, loss or injury (resulting from hacking), Swonkie cannot be liable for that.
Under no circunstances Swonkie is responsible for any damage, loss, injury that results from hacking.

If any part of this agreement is or becomes illegal, invalid in any jurisdiction, the illegality or invalidity will not affect the legality and validity of this agreement (terms and conditions).

By not respecting this terms and conditions the user can have their account deleted, with or without announcement, and will immediately cease all use of the services and have no further access to accounts provided by Swonkie.

4. Payment - Fees and product plans

Swonkie has a free and premium plans. The premium plans with more features will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in Euros and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.

4.1 Payment conditions

4.1.1 Free trial period

If you sign up for a free trial period for a Service that is subject to charges (the “Free Trial”), we may require you to provide us with a valid credit card or other valid payment method. We may start charging you automatically on the first day after the Free Trial is over, unless you cancel or downgrade to a charge-free Service and uninstall any feautures/options or other items, as required for cancellation, before the end of the Free Trial period. However if your Free Trial doesn’t require any credit card to subscribe your Trial, your Account will be suspended til be activated with a valid payment method.
The free trial is only available to first time users of a paid online service and any suspicious activity of multiple trial from the same user give to the swonkie the right to ban the user forever.

4.1.2 Online Paid Services

For paid Services purchased online (“Online Services”), you must provide a valid credit card or other payment method (e.g., PayPal account) to pay for such services. Some Services may be available as a one-time purchase, and others can be purchased as a monthly, quarterly, semiannually or yearly subscription. You agree that Swonkie has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Swonkie retains in the future) your submitted payment information in order to process your purchase. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including exchange rates. Swonkie does not support all payment methods, currencies, or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel or downgrade your account to a charge-free account, you authorize Swonkie to continue billing your credit card and/or PayPal account and you remain responsible for any uncollected amounts. All applicable fees are calculated based on the billing information you provide us at the time of purchase.

4.1.3 Payment by Authorization Form

If an Authorization Form is issued for the purchase of Services, you agree to pay all fees as and when described per the Authorization Form(s). Swonkie shall invoice you for the fees in the currency set forth on the applicable Authorization Form. Unless otherwise stated on the Authorization Form, all invoices shall be payable within 30 days of the invoice date. Any disputed amounts shall not affect payment of non-disputed amounts. You shall make payments to the entity and address set forth in the invoice.

4.2 Subscription Services, Cancellation policy and Auto-renewal

If you activate a Subscription Service, you authorize Swonkie to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If your paid subscription to Online Services began on a day not contained in a subsequent month (e.g., your service began on January 30 and there is no February 30), we will process your payment on the last day of such month. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: swonkie.com/#/personal_settings/billing and choose the free plan or by mailling us at: sayhello@swonkie.com with the subject: Cancel my Subscription.

4.3 Refunds

Refunds are available when:

i) If any changes on these terms and conditions impacts directly on you, and you have contracted and prepaid for a certain term, you may notify us within 30 days after being informed of that change that you do not agree with that. If you do so, we will refund any prepaid amount pro rata to you. If you use our services after your prepaid term ends, all changes will aplly to you;

Refunds are not available when:

ii) If at any time any supported Platforms cease to make their programs available to Swonkie on reasonable terms (each an "API Change"), Swonkie may cease to provide such features to you without entitling you to refund, credit, or other compensation;
iii) Subscriptions are billed in advance on a monthly, quarterly, semiannually or yearly basis and are non-refundable for the subscription period they are purchased for;
iv) Swonkie change, suspend or discontinue the service at any time. This suspension may include availability of any feature, database or content;

4.4 Amount Unpaid

If any amounts due hereunder are not received by Swonkie by the due date, Swonkie may suspend your access to the Services if Swonkie does not receive in 48 hours the amounts invoiced hereunder at the expiration of such period.

5. Warranty Disclaimer

The website was made to provide the best service to the user. The service and all materials and content available throught the website are provided “as is” and on an “as available” basis.
However we cannot guarantee and we disclaim any warranty of any kind, express or implied, including the warranties of merchantability, design, fitness for any porpuse, title, quality that its services will meet your requirements or that its services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free.
Neither Swonkie nor its suppliers and licensors give any warranty that the website will always work without any error, or access will be continuous or uninterrupted.
We disclaim any responsibility or liability in relation to the content that you download from our platform and the services provided by third parties.
Swonkie does not control neither filter the customer content or mentions and is not responsible for their posts, images or shares through our platform.
We do not have any responsibility or liability for any third party or supported platform services, meaning that we are not responsible for any failure and problems with the connection to this third parties.
Swonkie doesn’t cover any warranty for the interruption or cessation of access and transmission to/from our platform.
Swonkie is not responsible or liable in any manner for any third-party services or supported platforms associated with or utilized in connection with the services, including the failure of any such third-party services or supported platforms.
You understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property, such as your computer system or mobile device used in connection with the service or any loss of data, including user content.
Swonkie doesn’t have any responsibility resulting from hacking, tampering, or other unauthorized access or use of the services or your account or the information contained therein.

6. Indemnification

Your are responsibale for your use in Swonkie and you agree to indemnify and hold harmless Swonkie and its affiliates, contractors, licensors and their respective team, such as directors, officers and general employees, from and against any and all claims, expenses, losses and damages, including attorney’s fees in consequence of your website uses.

7. Limitation of liability

IN NO EVENT WILL THE SWONKIE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SWONKIE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

8. User’s obligations

You must guarantee that your use of our platform is done in accordance with our privacy policy (which we recommend to review together), with these terms and conditions and with all applicable laws and regulations. You also must ensure that you will respect the intellectual property rights of any third party.
This agreement doesn’t cover any partnership, joint venture, or employment relationship.

9. Copyright

All the content included in the website, such as images, graphics, button icons, text, logos and software, is the property of Swonkie or its suppliers and protected by Portugal’s and international copyright laws.

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