Last modified: November 8, 2023
All the terms in these SwiftChat User Terms of Service (“Terms”) which start with a capital letter have been defined here or under the respective clauses under these Terms. In order to provide SwiftChat through our apps, services, features, software, or website, We need to obtain your agreement to these Terms. Please go through these Terms carefully.
You in these Terms refer to the User of SwiftChat.
In these Terms (a) any reference to the singular includes a reference to the plural and vice versa; any reference to one gender includes a reference to the other gender(s), unless explicitly stated otherwise; (b) headings and captions are used for convenience only and not for interpretation of the Terms; (c) any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
1.1 These Terms shall be comprised of the following:
(a) Conditions of use: Before You access or use SwiftChat, please read these Terms carefully and make sure You understand them. Provision of SwiftChat to You is subject to Your acceptance of these Terms. You are requested not to use and/or access SwiftChat and/or any part thereof if You do not approve of, agree with and accept all the terms mentioned in these Terms.
(b) Modification of the Terms: Subject to applicable law, We may stop providing SwiftChat (or any part of SwiftChat) permanently or temporarily, to You or may modify or change the nature of SwiftChat and/or these Terms without any prior notice to You. Your use of SwiftChat following such modification shall constitute Your deemed acceptance of such modifications. Suspension of SwiftChat, either permanently or temporarily does not absolve You or others of any liabilities incurred pursuant to breach of these Terms.
(c) Precedence: Unless a mutually executed agreement between You and Us states otherwise, these Terms make up the entire terms between You and Us regarding SwiftChat, and supersede any prior agreements.
(d) Address Book: You can use the contact upload feature and provide Us, in accordance with the applicable laws, with the phone numbers in your mobile address on a regular basis, including those of both the Users of SwiftChat and Your other contacts.
(e) Age: SwiftChat reserves the right to terminate Your account if it is discovered that You are under the age of 18 (eighteen) years and the consent to use SwiftChat is not made by Your parent/ legal guardian or any information provided by You is inaccurate. It shall be Your responsibility to ensure that You meet the required qualification. Any User under the age of 18 (eighteen) years should seek consent of its parents/ guardians before providing any information about themselves or their parents or other family members on SwiftChat.
(f) Devices and Software: You must provide certain devices, software, and data connections to use SwiftChat, which We otherwise do not supply. In order to use SwiftChat, You consent to manually or automatically download and install updates to SwiftChat. You also consent that We send You notifications via SwiftChat from time to time, as necessary to provide SwiftChat to You. You can change Your notification settings on SwiftChat.
(g) Fees and Taxes: You are responsible for all carrier data plans, internet fees and other fees and taxes associated with Your use of SwiftChat.
2.1 Privacy and Security Principles: We have built SwiftChat with strong privacy and security principles in mind. You may access Our Privacy Policy to learn more about the same.
2.2 Connection: We provide, and always strive to improve, ways for you to communicate with other Users including through different Components, including through Messages, voice, video calls, media forwarding, showing your status, and sharing location with others when You choose. SwiftChat works with partners, third party service providers, and/ or affiliated companies to help Us provide ways for You to connect on SwiftChat.
2.3 Ways to improve SwiftChat: We analyse how You make use of SwiftChat in order to improve SwiftChat, including helping Businesses who use SwiftChat measure the effectiveness and distribution of their services and messages. SwiftChat uses the information it has and also may work with partners, third party service providers, affiliated companies to do this.
2.4 Communicating with Users: We provide, and always strive to improve ways for You and other Users to communicate with each other using SwiftChat, such as through order, transaction, and appointment information, delivery, notifications, product and service updates and marketing materials.
2.5 Safety, Security and Integrity: We work to protect the safety, security, and integrity of SwiftChat. This includes appropriately dealing with abusive people and activity violating Our Terms. We work to prohibit misuse of SwiftChat including harmful conduct towards others, violations of Our Terms and policies, and address situations where We may be able to help support or protect Our community. If We learn of people or activity like this, We will take appropriate action, including by removing such people or activity or contacting law enforcement. Any such removal will be in accordance with these Terms.
3.1 You must use SwiftChat according to the Terms set out herein. If You violate any Terms, We may take action with respect to Your account, including disabling/suspending Your account from SwiftChat, and if We do, You agree not to create another account without Our permission. Disabling or suspending Your account will be in accordance with Clause 13 mentioned below.
3.2 You must access and use SwiftChat only for legal, authorised and acceptable purposes. You will not use (or assist others in using) SwiftChat in ways that; (a) violate, misappropriate or infringe the rights of SwiftChat, Our Users, or others, including privacy, publicity, intellectual property or other proprietary rights;(b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethically offensive or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or other or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e)involve sending illegal or impermissible communications such as bulk messaging, auto messaging, auto dialling and the like, (f) involve any commercial use of SwiftChat unless otherwise authorised by Us or these Terms.
3.3 You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit SwiftChat in impermissible or unauthorized manners, or in ways that burden, impair or harm Us, SwiftChat, systems, other Users, including that You must not directly or through automated means;(a) reverse engineer, alter, modify, create derivative works from, decompile, or extract codes from SwiftChat;(b) send, store or transmit viruses or other harmful computer code through or onto SwiftChat;(c) gain or attempt to gain unauthorised access to SwiftChat; (d) interfere with or disrupt the safety, security, confidentiality ,integrity, availability or performance of SwiftChat;(e) create accounts for accessing SwiftChat through unauthorised or automated means;(f) collect information of or about Our Users in any impermissible or unauthorized manner;(g) sell, resell, rent, or charge for SwiftChat or data obtained from Us or SwiftChat in an unauthorized manner;(h) distribute or make SwiftChat available over a network where they could be used by multiple devices at the same time, except as authorized through tools We have expressly provided via SwiftChat; (i) create software or APIs that function substantially the same as SwiftChat and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.
3.4 You are responsible for keeping Your device and Your account safe and secure, and You must notify Us promptly of any unauthorised use or security breach of Your account or SwiftChat.
4.1 SwiftChat may allow you to access, use or interact with third-party websites, content, other products and services. For example, you may be able to play a game through the web browser inside SwiftChat. Please note that these Terms and Our Privacy Policy apply only to the use of SwiftChat. When You use third-party products or services, their terms and privacy policies will govern Your use of those products or services.
4.2 We utilize YouTube API Services. You agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms), Privacy Policy (http://www.google.com/policies/privacy) and API Services Terms of Service (https://developers.google.com/youtube/terms/developer-policies#a.-api-client-terms-of-use-and-privacy-policies) when engaging with YouTube content, data and services through Our platform.
5.1 Your Rights: SwiftChat does not claim ownership of the information that You submit to Your account or through SwiftChat. You must have the necessary rights to such information that You submit for Your account or through SwiftChat and the right to grant the rights and licenses as required by these Terms.
5.2 Our Rights: We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents and other intellectual property rights associated with SwiftChat. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have Our express written permission.
5.3 Your license to Us: In order to operate and provide SwiftChat, You grant Us a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that You upload, submit, store, send, or receive on or through SwiftChat.
5.4 Our license to You: We grant You a limited, revocable, non-exclusive, non-sub licensable, and non-transferable license to use SwiftChat, subject to and in accordance with Our Terms. This license is for the sole purpose of enabling You to use SwiftChat in the manner permitted by Our Terms. No licenses or rights are granted to You by implication or otherwise, except for the licenses and rights expressly granted to You.
To report claims of third-party copyright, trademark or other intellectual property infringement, please visit Our Intellectual Property Policy . We may take action with respect to Your account, including disabling or suspending Your account, if You clearly seriously or repeatedly infringe the intellectual property rights of other or where we are required to do so for legal reasons. Disabling or suspending your account will be in accordance with these Terms.
7.1 Our Privacy Policy explains how We treat Your data and protect Your privacy when You use SwiftChat. By using SwiftChat, You agree to Our use of Your data according to the Privacy Policy.
7.2 You are responsible for maintaining the confidentiality of passwords associated with any device or online accounts that You use to access SwiftChat or any part thereof. You are solely responsible for all activities that You do with the use of SwiftChat. If You become aware of any unauthorised use of Your SwiftChat account and/or SwiftChat, then You may immediately notify Us.
8.1 You may use SwiftChat at Your own risk and subject to the following disclaimers. We are providing SwiftChat on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by Us is accurate, complete, or useful, that SwiftChat will be operational, error free, secure, or safe, or that SwiftChat will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when Our Users use SwiftChat or the features, services, and interfaces We provide. We are not responsible for and are not obligated to control the actions or information (including content) of Our Users or other third-parties.
8.2 You release Us, Our subsidiaries, affiliates, and Our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, controversy, dispute, or damages (together, “claim”), known and unknown, relating to, arising out of, or in any way connected with any such claim You have against any third-parties.
9.1 We will not be liable to You for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with Our Terms, Us, or SwiftChat (however caused and on any theory of liability, including negligence), even if We have been advised of the possibility of such damages.
9.2 Provision of SwiftChat does not constitute an institution of agency between Us and You. Our relationship with each and every User shall be on a principal-to-principal basis only. You are solely responsible for any breach of Your obligations under these Terms, applicable law and/ or the consequences of any such breach.
9.3 Our aggregate liability relating to, arising out of, or in any way in connection with these Terms, shall not exceed the greater of INR 10,000/- (Indian Rupees Ten Thousand only) or the amount You have paid Us in the last 12 (twelve) months. The foregoing disclaimer or certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.
9.4 We disclaim all warranties in relation to access to or provision SwiftChat, whether express or implied, including but not limited to (a) SwiftChat being constantly available or available at all; (b) Messages being successfully sent/ received in all cases; (c) SwiftChat being always functional without any disruption, delay or error; (d) User’s ability to use SwiftChat, directly or indirectly; (e) Users’ satisfaction with SwiftChat; (f) the accuracy of the data provided through SwiftChat; (g) the security and privacy of each User’s data; (h) that all bugs or errors in relation to SwiftChat will be fixed or corrected; (i) that SwiftChat will be compatible with all devices, all networks and/ or all browsers; (j) that use of SwiftChat is fit for a particular purpose or use; or (k) that SwiftChat is accessible in every location.
If anyone brings a claim ("Third-Party Claim") against Us related to Your actions, information, or content, or any other use of SwiftChat by You, You will, to the maximum extent permitted by applicable law, indemnify, and hold Us harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a)Your access to or use of SwiftChat, including information and content provided in connection therewith;(b)Your breach of Our Terms or applicable law; or(c) any misrepresentation made by You. You will cooperate as fully as required by Us in the defense or settlement of any Third-Party Claim.
11.1 You agree that in case of any dispute, claim or controversy arising with regard to the interpretation or working of these Terms or the rights, liabilities or duties arising out of it, the dispute may be resolved pursuant to arbitration under the provisions of the Indian Arbitration and Conciliation Act, 1996 along with its amendments from time to time. The matter shall be referred to a panel of up to 3 (three) arbitrators wherein each of You and Us will appoint 1 (one) arbitrator each, and both such arbitrators shall mutually appoint a third arbitrator. The language of the arbitration is in English language and the award shall be substantiated in writing. The venue of the arbitration shall be New Delhi. You shall bear Your own expenses in relation to such arbitration. Unless otherwise awarded by the arbitrators, the arbitration fees shall be shared equally by You and Us and the award shall be binding on both You and Us and shall be enforceable in any competent court of law, subject to applicable laws.
11.2 These Terms also limit the time You have to bring a claim, including the time to start an arbitration proceeding to the fullest extent permitted by applicable law. We and You agree that for any dispute, You must bring claim in order to commence an arbitration proceeding, within 3 (three) years after the dispute first arose; otherwise, such dispute is permanently disbarred. This implies that if You do not bring a claim within 3 (three) years after the dispute first arose, then the arbitration shall be dismissed on grounds of the limitation period.
11.3 These Terms shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at New Delhi, India subject to Clause 11.1 above.
We are always trying to improve SwiftChat. That means We may expand, add, or remove SwiftChat, features, functionalities, and the support of certain devices and platforms. SwiftChat may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all parts of SwiftChat, including certain features and the support for certain devices and platforms, at any time. Events beyond Our control may affect SwiftChat, such as events in nature and other force majeure events.
13.1 You are bound by these Terms from the time You start using SwiftChat until (a) You delete Your account on SwiftChat; or (b) We terminate Your rights under these Terms by permanently barring Your access to SwiftChat.
13.2 Upon termination, all the legal rights, obligations and liabilities that You and Us have benefited from, been subject to (or which have accrued over time prior to such termination) or which are expressed to continue indefinitely, shall be unaffected such termination, and shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1 If any provision of these Terms is determined to be unenforceable then such provision shall, to that extent, be deemed deleted from such Terms and the legality, validity and enforceability of the remaining provisions of the Terms shall not be in any way affected. Any act of either Us or the You, done prior to the provisions being held unenforceable shall be deemed to be valid and binding on the other.
14.2 All of Our rights and obligations under these Terms are freely assignable by Us to any of Our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and We may transfer Your information to any of Our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern Your relationship with such third-party. We hope You will continue using SwiftChat, but if You do not agree to such an assignment, You must stop using SwiftChat by deleting Your account after having been notified of the assignment.
14.3 It is specifically understood and agreed that any breach of these Terms by a User may result in an irreparable injury to Us, other Users, Businesses or Developers, and in addition to any other remedy that We may have for such breach, We will be entitled to seek both temporary and permanent injunctive relief without the necessity of proving actual damages (to the extent permitted by law) and to enforce these Terms in any court of competent jurisdiction.
14.4 No failure on Our part to exercise and no delay on Our part in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any rights under these Terms, precludes any other or further exercise of such rights by Us. If We fail to enforce any of these Terms, it will not be considered a waiver.
14.5 In the event of any actual or threatened default in, or breach of, any of the Terms, We shall have the right to specific performance or other equitable relief of Our rights under these Terms, in addition to any and all other rights and remedies at law or inequity, and all such rights and remedies shall be cumulative. You agree that the remedies at law for any breach or threatened breach of these Terms including monetary damages may be inadequate compensation for any loss that We may suffer and that any defence in any action for specific performance that a remedy at law would be adequate is hereby waived by You.
14.6 We reserve the right to designate in the future that certain provisions of SwiftChat are governed by separate terms (where, as applicable, You may separately consent and/ or separately be required to adhere to). Any written contracts executed by You in respect of SwiftChat prior to the date of notification of these Terms shall stand terminated and superseded by these Terms.
14.7 SwiftChat is not intended for distribution to or use in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country or territory. We reserve the right to limit SwiftChat to any country or territory.
14.8 You will comply with all applicable export laws of India. You will not, directly or indirectly, export, re-export, provide, or otherwise transfer SwiftChat; (a) to any individual, entity, territory, or country prohibited by these export laws; (b) to anyone on Indian government restricted parties lists; or (c) for any purpose prohibited by export laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations; (d) You will not use or download SwiftChat if You are located in a restricted country or territory, if You are currently listed on any Indian government restricted parties list, or for any purpose prohibited by export laws, and You will not disguise Your location through IP proxying or other methods.
14.9 Our Terms are written in English. Any translated version is provided solely for Your convenience. To the extent any translated version of Our Terms conflicts with the English version, the English version prevails. Any amendment to or waiver proposed by You of these Terms requires Our express consent.
14.10 We may amend or update these Terms. We will provide You notice of material amendments to Our Terms, as appropriate, and update the "Last modified" date at the top of Our Terms. Your continued use of SwiftChat confirms Your acceptance of these Terms, as amended. We hope You will continue using SwiftChat, but if You do not agree to these Terms, as amended, You must stop using our SwiftChat by deleting Your account.
14.11 You will not transfer any of Your rights or obligations under these Terms to anyone else without Our prior written consent.
14.12 Nothing in the Terms will prevent Us from complying with the applicable law.
14.13 We reserve all rights not expressly granted by Us to You. You may have legal rights as a consumer, and Our Terms are not intended to limit such consumer legal rights that may not be waived by a contract.
We always appreciate Your feedback or other suggestions about SwiftChat, but You understand that You have no obligation to provide feedback or suggestions and that We may use Your feedback or suggestions without any restriction or obligation to compensate You for them
You can reach Our customer support team to address any of Your queries or complaints at support@swiftchat.ai.
