Terms of Service
Effective Date: Jan 01, 2016
Welcome to Swift!
Thanks for using our services ("Swift", "Swift Svc", "Swift Service", "Swift Svc LLC", "us", "we", "our", "Products"). By using our services,
you are agreeing to these terms. Please read them carefully.
Electronic Communications
When you use any of our service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating
with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by
e-mail, text, in-app push, or by posting notices and messages on our site or through the other services. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included in or made available through any of our service, such as text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software is the property of Swift are protected by United States and international copyright laws. The compilation of all contents
and process flows included in or made available through any of our service are the exclusive property of Swift and protected by U.S. and international
copyright laws.
License and Access
Subject to your compliance with these terms, Swift grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make
personal and non-commercial use of our services. This license does not include any service re-routing or redistributing; any derivative use of any our
services or contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots,
or similar data gathering and extraction tools. All rights not expressly granted to you in these terms or any other terms are reserved and retained by
Swift. No part of our services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, process flow or form) of our services without express written consent. You may not misuse our services. You may use our
services only as permitted by law. The licenses granted by us terminate if you do not comply with these terms.
Your Account
Google account is used to access our services. You must have a Google account and it is your responsibility to manage that account. You may have several
Google accounts setup, but your transactions will be tied to the original account that was used during application installation.
Your Content in our Services
Some of our services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold
in that content.
When you upload, submit, store, send or receive content to or through our services, you give us a worldwide license to
use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your
content works better with our services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in
this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you
stop using our services. Some services may offer you ways to access and remove content that has been provided to that service. Also, in some of our
services, there are terms or settings that narrow the scope of our use of the content submitted in those services. Make sure you have the necessary rights
to grant us this license for any content that you submit to our services.
Our systems analyze your content to provide you personally
relevant product features, such as customized search results. This analysis may occurs as the content is sent, received, and when it is stored.
Service Charge
Fees that Swift charges for each transaction to maintain and operates our platform. A five percent per transaction is passed on to the servicer. Service
charge as followed:
• Requester - There is no service charge when making service request
• Servicer - Service charge is automatically processed during
payment settlement
Unauthorized Activities
You may not use our services in connection with any product, service, transaction or activity that involves:
• Violates any law or government regulation, or promotes or facilitates such by third parties
• Is fraudulent, deceptive, unfair
or predatory
• Causes or threatens reputational damage to us or anyone involves in the transaction
• Results in or
creates a significant risk of chargebacks, penalties, damages or other harm or liability or circumvent our platform
Actions by Swift
If, in our sole discretion, we believe that you may have engaged in any violation of these terms, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Swift and any impacted parties and to ensure compliance. Such actions may include, without limitation:
• Blocking the settlement or completion of one or more payments
• Suspending, restricting or terminating your access to and use of our services
• Terminating our business relationship with you, including termination without liability to us
• Taking legal action against you
• Contacting and disclosing information related to such violations to (i) persons who have transacted with you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations
• Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice
Warranties and Disclaimers
We provide our services using reasonable level of skill and care and we provide them "as is".
OTHER THAN EXPRESSLY SET OUT IN THESE
TERMS OR ADDITIONAL TERMS, SWIFT SVC LLC MAKES NO PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE
SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
Liability for our Services
WHEN PERMITTED BY LAW, SWIFT SVC LLC WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES. IN ALL CASES, SWIFT SVC LLC WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, HARM, OR NEGATIVE OUTCOMES.
Disputes
Any dispute or claim relating in any way to your use of our service will be resolved by binding arbitration, rather than in court, except that you may
assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There
is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same
damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as
a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class,
consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We
also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If there
is dispute between you and the party that you are transaction with, we may choose to mediate. But that does not mean we are obligated, responsible, or
accountable to the outcome of the dispute.
Payment Processing
Swift uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you
must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement
available at https://www.braintreepayments.com/legal/gateway-agreement.
By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have
questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.
About these Terms
We may modify these terms or any additional terms that apply to a service. By accessing or using the Swift services after a new version is posted, you are
agreeing to all amendments reflected therein.