SWAP-CO TERMS OF SERVICE

These Terms of Service reflect the way Swap-co business works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these Terms of Service help define Swap-co relationship with you as you interact with our services. For example, these terms include the following topic headings:

• What you can expect from us, which describes how we provide and develop our services

• What we expect from you, which establishes certain rules for using our services

• Content in Swap-Co  services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, Swap-Co, or others

• In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms

Understanding these terms is important because, by using our services, you’re agreeing to these terms.

Besides these terms, we also publish a Privacy Policy. Although it’s not part of these terms, we encourage you to read it to better understand how you can update, manage, export, and delete your information.

Terms

Service provider

Swap-Co services are provided by, and you’re contracting with:

Swap-Co LLC
organized under the laws of the State of Orlando, USA, and operating under the laws of the USA

3218 East Colonial Drive, Suite G Orlando, FL 32803

These terms help define the relationship between you and Swap-Co. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Swap-Co business works and how we earn money. When we speak of “Swap-Co,” “we,” “us,” and “our,” we mean Swap-Co LLC and its affiliates, excluding any local entities based in India.

Provide a broad range of useful services

We provide a broad range of services that are subject to these terms, including:

Apps and Sites (like Swap-Co App & https://swap-co.com/)

• platforms (like Swap-Co Swapping)

Many of these services also include content that you can stream or interact with.

Our services are designed to work together, making it easier for you to move from one activity to the next. For example, if your Calendar event includes an address, you can click on that address and Maps can show you how to get there.

We’re constantly developing new technologies and features to improve our services. For example, we use artificial intelligence and machine learning to provide you with simultaneous translations, and to better detect and block spam and malware. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.

If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your Swap-Co Account using Swap-Co Takeout, subject to applicable law and policies.

Follow these terms and service-specific additional terms

The permission we give you to use our services continues as long as you comply with:

• The terms
• service-specific additional terms, which could, for example, include things like additional age requirements

We also make various policies, help centers, and other resources available to you to answer common questions and to set expectations about using our services. These resources include our Privacy Policy, Copyright Help Center, Safety Center, and other pages accessible from our policies site.

Although we give you permission to use our services, we retain any intellectual property rights we have in the services.

We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

• comply with applicable laws, including export control, sanctions, money laundering, and human trafficking laws
• respect the rights of others, including privacy and intellectual property rights
• don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) including against children — for example, by misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others; hosting or publishing any obscene content; or inciting the violation of applicable laws
• don’t abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures. When we index the web to bring you search results, we respect standard usage restrictions that website owners specify in their websites’ code, so we require the same when others use our services

Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others aren’t following these rules, many of our services allow you to report abuse. If we act on a report of abuse, we also provide the process described in the Taking action in case of problems section.

Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.

Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission.

We need your permission if your intellectual property rights restrict our use of your content. You provide Swap-Co with that permission through this license.

This license covers your content if that content is protected by intellectual property rights.

This license doesn’t affect your privacy rights — it’s only about your intellectual property rights

This license doesn’t cover these types of content:

• Publicly-available factual information that you provide, such as corrections to the address of a local business. That information doesn’t require a license because it’s considered common knowledge that everyone’s free to use.
• Feedback that you offer, such as suggestions to improve our services. Feedback is covered in the Service-related communications section below.

This license is:

worldwide, which means it’s valid anywhere in the world

non-exclusive, which means you can license your content to others

royalty-free, which means there are no monetary fees for this license

This license allows Swap-Co to:

host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go

publish, publicly perform, or publicly display your content, if you’ve made it visible to others

modify and create derivative works based on your content, such as reformatting or translating it

sublicense these rights to:

other users to allow the services to work as designed, such as enabling you to share photos with people you choose

our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below

This license is for the limited purpose of:

Operating and improving the services, which mean allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content:

for spam and malware

to recognize patterns in data, such as determining when to suggest a new album in Swap-Co Photos to keep related photos together

to customize our services for you, such as providing recommendations and personalized search results, content, and ads (which you can change or turn off in Ads Settings)

This analysis occurs as the content is sent, received, and when it is stored.

Using content you’ve shared publicly to promote the services. For example, to promote a Swap-Co app, we might quote a review you wrote. Or to promote Swap-Co Play, we might show a screenshot of the app you offer in the Play Store.

Developing new technologies and services for Swap-Co consistent with these terms

This license lasts for as long as your content is protected by intellectual property rights.

If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:

If you already shared your content with others before removing it. For example, if you shared a photo with a friend who then made a copy of it, or shared it again, then that photo may continue to appear in your friend’s Swap-Co Account even after you remove it from your Swap-Co Account.

If you make your content available through other companies’ services, it’s possible that search engines, including Swap-Co Search, will continue to find and display your content as part of their search results.

You’re Swap-Co Account

If you meet these age requirements you can create a Swap-Co Account for your convenience. Some services require that you have a Swap-Co Account in order to work — for example, to use Gmail, you need a Swap-Co Account so that you have a place to send and receive your email.

You’re responsible for what you do with your Swap-Co Account, including taking reasonable steps to keep your Swap-Co Account secure, and we encourage you to regularly use the Security Checkup.

Using Swap-Co services on behalf of an organization or business

Many organizations, such as businesses, non-profits, and schools, take advantage of our services. To use our services on behalf of an organization:

an authorized representative of that organization must agree to these terms

Your organization’s administrator may assign a Swap-Co Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Swap-Co Account.

Service-related communications

To provide you with our services, we sometimes send you service announcements and other information. To learn more about how we communicate with you, see Swap-Co Privacy Policy.

If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.

Your content

Some of our services give you the opportunity to make your content publicly available — for example, you might post a product or restaurant review that you wrote, or you might upload a blog post that you created.

See the Permission to use your content section for more about your rights in your content, and how your content is used in our services

See the Removing your content section to learn why and how we might remove user-generated content from our services

If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we suspend or close the Swap-Co Accounts of repeat copyright infringers as described in our Copyright Help Center.

Swap-Co content

Some of our services include content that belongs to Swap-Co — for example, many of the visual illustrations you see in Swap-Co Maps. You may use Swap-Co  content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please see the Swap-Co Brand Permissions page.

Other content

Finally, some of our services give you access to content that belongs to other people or organizations — for example, a store owner’s description of their own business, or a newspaper article displayed in Swap-Co News. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Swap-Co views.

Some of our services include downloadable software. We give you permission to use that software as part of the services.

The license we give you is:

• worldwide, which means it’s valid anywhere in the world
• non-exclusive, which means that we can license the software to others
• royalty-free, which means there are no monetary fees for this license
• personal, which means it doesn’t extend to anyone else
• non-assignable, which means you’re not allowed to assign the license to anyone else

Some of our services include software that’s offered under open source license terms that we make available to you. Sometimes there are provisions in the open source license that explicitly override parts of these terms, so please be sure to read those licenses.

You may not copy, modify, distribute, sell, or lease any part of our services or software.

Both the law and these terms give you the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong.

Warranty

We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.

Disclaimers

The only commitments we make about our services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs) are provided in (1) the Warranty section; (2) the service-specific additional terms; and (3) laws that can’t be limited by these terms.

Liabilities

For all users

• Both the law and these terms try to strike a balance as to what you or Swap-Co can claim from the other in case of problems. That’s why the law allows us to limit certain liabilities — but not others — under these terms.
• These terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence or willful misconduct.
• Other than the liabilities described above, Swap-Co is liable only for its breaches of these terms or applicable service-specific additional terms, subject to applicable law.

For business users and organizations only

To the extent allowed by applicable law, you’ll indemnify Swap-Co and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

• If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.
• Swap-Co won’t be responsible for the following liabilities:
• loss of profits, revenues, business opportunities, goodwill, or anticipated savings
• indirect or consequential loss
• Swap-Co  total liability arising out of or relating to these terms is limited to the greater of (1) US$500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach

Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:

• cause harm or liability to a user, third party, or Swap-Co
• violate the law or a legal enforcement authority’s order
• compromise an investigation
• compromise the operation, integrity, or security of our services

Removing your content

If we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Swap-Co, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s intellectual property rights.

Suspending or terminating your access to Swap-Co services

Swap-Co reserves the right to suspend or terminate your access to the services or delete your Swap-Co Account if any of these things happen:

• you materially or repeatedly breach these terms, service-specific additional terms or policies
• we’re required to do so to comply with a legal requirement or a court order
• we reasonably believe that your conduct causes harm or liability to a user, third party, or Swap-Co — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you

For more information about why we disable accounts and what happens when we do, see this Help Center page. If you believe your Swap-Co Account has been suspended or terminated in error, you can appeal.

Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.

For information about how to contact Swap-Co, please visit our contact page.

California law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Swap-Co consent to personal jurisdiction in those courts.

To the extent that applicable local law prevents certain disputes from being resolved in a California court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying California law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or other place of residence.

By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.

• These terms describe the relationship between you and Swap-Co. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.
• We want to make these terms easy to understand, so we’ve used examples from our services. But not all services mentioned may be available in your country.
• If these terms conflict with the service-specific additional terms, the additional terms will govern for that service.
• If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
• If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.
• We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
• If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Swap-Co Account.