These Terms of Service (“Terms”) govern your access to and use of the Swander mobile application and related services (the “Service”) provided by the operator of Swander (“we,” “us,” or “our”). By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
The Service is offered only to individuals who are at least eighteen (18) years old. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” includes that organization.
Swander is a software application that may include features such as discovering and sharing walking or travel-related routes, social connection, messaging, profile creation, and media sharing, as made available in the app from time to time. We may change, suspend, or discontinue any part of the Service, including features, with or without notice, where permitted by law. We are not responsible for any loss arising from unavailability of the Service or changes to it.
You may be required to create or use an account (for example through a third-party sign-in provider). You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate information and keep it up to date. You must notify us promptly at the contact email if you become aware of unauthorized use of your account.
You retain ownership of content you submit, upload, or make available through the Service (“Your Content”), subject to the rights and licenses you grant here. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, and distribute Your Content as reasonably necessary to operate, improve, secure, and promote the Service, including in formats and through channels you choose in the app (for example, sharing with other users or displaying on your profile). You also grant other users any licenses implied by the features you use (such as viewing or interacting with content you make available to them), within the Service.
You represent and warrant that you have all rights necessary to grant the above licenses, that Your Content does not infringe any third party’s rights, and that it complies with these Terms. We may remove or restrict Your Content that we believe violates these Terms, applicable law, or the rights of others, or that poses a security or safety risk, without prior notice where permitted.
You agree not to:
Except for Your Content and third-party materials, the Service, including its software, design, text, graphics, logos, and trademarks, is owned by us or our licensors and is protected by intellectual property laws. No rights are granted to you except the limited right to use the Service in accordance with these Terms and the End User License Agreement that applies to the software, where applicable. You may not use our name, logos, or branding without our prior written consent except for reasonable attribution in the normal use of the Service.
The Service may integrate with or link to third-party services (such as sign-in, maps, or operating system features). Your use of those services is subject to their terms and policies. We do not control and are not responsible for third-party services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that routes, locations, or user-generated information are accurate, safe, or suitable for your circumstances. You use the Service and rely on any information at your own risk, including when walking, traveling, or meeting others.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY THE LAW OF YOUR COUNTRY OF RESIDENCE, AND WHERE A CAP IS PERMITTED BY THAT LAW, TO DIRECT DAMAGES ONLY AND ONLY TO THE MINIMUM SCOPE NECESSARY TO GIVE EFFECT TO ANY MANDATORY CONSUMER PROTECTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE LIMITS MAY NOT APPLY TO YOU IN FULL.
You will defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from Your Content, your use of the Service, or your violation of these Terms, except to the extent caused by our willful misconduct.
You may stop using the Service at any time. We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms, pose a risk to the Service or other users, or for operational or legal reasons. Provisions of these Terms that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnity, and governing law.
Upon termination, your right to use the Service ceases. We may delete your account and content as described in our Privacy Policy, subject to legal retention needs.
These Terms are governed by the laws of the country in which you reside, without regard to conflict-of-law rules that would require the application of another jurisdiction’s laws, except that mandatory consumer protection rules in your country of residence may still apply. Where permitted, exclusive jurisdiction and venue for disputes will lie in the courts of your country of residence; otherwise, courts of competent jurisdiction as determined under applicable law will apply. If you are a consumer in the European Union, you may also benefit from any mandatory local dispute resolution or rights to bring actions in the courts of your home country.
These Terms constitute the entire agreement between you and us regarding the Service and supersede prior agreements on this subject. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be given through the app, by email, or at the address you provided.
Nothing in these Terms limits any rights you may have under mandatory consumer protection laws in your place of residence.
For questions about these Terms, contact us at okvianaina1@outlook.com.
App name: Swander