noSwag.io - Terms and Conditions

1. Binding Agreement

2. Use of the Services

Subject to your compliance with these Terms and paying the applicable fees, noSwag grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to Uses^* the Services on a subscription basis in executable code form in accordance with these Terms. Except for the limited rights expressly set out in these Terms, noSwag grants you no other license or right in the Services. Your rights will end when these Terms are terminated even if there are terms to the contrary set out elsewhere in these Terms or in other documentation entered into between noSwag and you.^*Use, Using or Used means to directly or indirectly activate the processing capabilities of the Services, load, execute, access, utilize, store, employ the Services, or display information resulting from such capabilities, including uploading any Content** or creating or generating any Content by utilizing the capabilities of the Services.^**Content refers to content featured or displayed through the Services (including through the Websites), including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Websites or otherwise available through the Services. "User-Generated Content" is Content, written or otherwise, that Users upload into or create by Using the Services. "Your Content" is User-Generated Content that you or your Users submit to the Services. The Services include certain code and libraries licensed to us by third parties, including open source software ("OSS") . Your right to use such OSS shall be governed by the applicable OSS license agreement instead of these Terms.

The Services allow a User to create an individual account ("Account"). The information you provide to us when you create an Account must be accurate, complete and current. You also have the obligation to keep your Account information accurate, complete and current at all times. If any of the information you submit to us changes, you must promptly update the same. You must keep your Account access credentials safe and secure. You are responsible for all actions taken through your Accounts. You are required to promptly inform noSwag and modify your Account login credentials or those of a permitted User if such login credentials are compromised and/or misused/likely to be misused by a third party to improperly access the Services through your Account.

3. Beta Previews

- "Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings. Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Services has been and is subject. By using a Beta Preview, you Use it at your own risk.

- As a User of Beta Previews, you may get access to special information that isn't available to the rest of the world. Due to the sensitive nature of this information, it's important for us to make sure that you keep that information secret.

- You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered noSwag's confidential information (collectively, "Confidential Information"), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the "Purpose"), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don't otherwise prohibit or restrict such disclosure (for example, you might be part of a noSwag-organized group discussion about a private Beta Preview feature).

- Confidential Information will not include information that is: (a) or becomes publicly available without breach of these Terms through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from noSwag. You will not violate these Terms if you are required to disclose Confidential Information pursuant to operation of law, provided noSwag has been given reasonable advance written notice to object, unless prohibited by law.

4. Use of Content

- You may create or upload User-Generated Content while using the Services. You are solely responsible for any User-Generated Content that you post, upload, link to or otherwise make available via the Services, regardless of the form of that Content. By uploading User-Generated Content while using the Services, you represent and warrant that you have all necessary rights to submit the User-Generated Content and that the User-Generated Content is, to your knowledge, accurate, and not in violation of any applicable laws, contractual restrictions or other third party rights, including intellectual property rights or privacy-related rights of any person or entity. You also agree that your profile information will be accurate. We are not responsible for any public display or misuse of your User-Generated Content.

- We have the right to refuse or remove any Content that, in our sole discretion, violates any laws or noSwag terms or policies.

- You retain ownership of and responsibility for Your Content. Because you retain ownership of and responsibility for Your Content, we need you to grant us —and other Users— certain legal permissions listed in Sections 5.4 - 5.6. These license grants apply to Your Content. You understand that you will not receive any payment for any of the rights granted in Sections 5.4 - 5.6. The licenses you grant to us and our Users will end when you remove Your Content from our servers, unless other Users have forked it, in which case the licenses will continue until all such Users have removed the Content from our servers.

- We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the nonexclusive, worldwide, royalty-free right to store, archive, parse, display, and perform Your Content, and make incidental copies, as necessary to provide the Services, including improving the Services over time, and to detect, prevent, and respond to security issues and violations of Services policies. This license does not grant noSwag the right to sell Your Content. noSwag does not otherwise distribute or use Your Content outside of our provision of the Services, but we may release Your Content when we believe release is appropriate to comply with the law, enforce our policies, or protect ours or others' rights, property, or safety.

- You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Sections 5.4 and 5.5, but not otherwise. To the extent the foregoing is not enforceable under applicable law, you grant noSwag the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the noSwag Websites and provide the Services.

- noSwag provides you the ability to store all or part of Your Content on the Server^*. This storage functionality is provided to you on an "as-is, where-is" basis, and noSwag does not take any responsibility for the security of such Content. If you use the storage functionality to store Your Content, you will be deemed to have accepted all the conditions in these Terms relating to such functionality.

^*Server means the storage server and such other hardware and software resources of noSwag that are used to host and store the Services and Content.

5. Personal Information

Your Use of the Services does not require any personally identifiable information to be uploaded into or included in the Services except to the extent set forth in this paragraph. You hereby permit noSwag to collect, use, store and process email address(es), IP addresses from which you access the Services and other login or authentication credentials from both your Users and you in order to ensure that your Users and you have proper access to the Services and to resolve any issues you may encounter while Using the Services. This information may be considered personal data or personal information under the laws of the jurisdiction from which you access and Use the Services.

noSwag shall collect, use, store and/or process this information only for the purposes listed herein and in our Privacy Policy, which you acknowledge. Unless otherwise required by applicable law, upon termination of these Terms, any information provided by you for creation of your Account will be deleted by us from our records within a reasonable period of time following such termination, normally within six months after such termination.

noSwag may collect certain data and information from you in connection with your use of the Services and otherwise in connection with these Terms. All such data and information will be collected and used by noSwag in accordance with our Privacy Policy.

6. Subscriptions and Payment

Your use of the Services is subject to you paying the fees applicable to the Services plan selected and/or used by you ("Subscription Fee"). noSwag's pricing for Subscription Fees, permitted usage, and available features for each Services plan are listed at Pricing (the "Pricing").

You will pay all fees in United States Dollars per the payment terms on an Order or otherwise agreed at the time of purchase. Except as otherwise specified in an Order, all subscriptions will automatically renew for periods equal to your initial Subscription Term (and you will be charged at the then-current rates set forth in the Pricing or as applicable, the Reseller's pricing) paid prior to such termination.

Our fees are exclusive of all taxes that are payable in respect of the Services or its Use in the jurisdiction in which the payment is either made or received ("Taxes"). To the extent that any Taxes may be payable, you must pay noSwag or as applicable, the Reseller, the amount of such Taxes in addition to any Subscription Fees owed by you hereunder. Any applicable tax-exempt certificates must be provided to noSwag, who will make reasonable efforts to provide you with such invoicing documents as may enable you to seek an applicable refund or credit for the amount of Taxes so paid from any relevant revenue authority.

When you purchase a subscription ("Purchase") from noSwag, you expressly authorize noSwag (or our third party payment processor) to charge you the Subscription Fee (at the then-current Pricing) and Taxes, as follows: (i) monthly in advance for monthly plans, (ii) annually in advance for annual plans, and (iii) in accordance with the Auto-Flex Policy for additional Users you add during an existing Subscription Term. Subscription Fees are subject to change, although noSwag will notify you in advance of any such change.

noSwag may ask you to supply additional information relevant to your Purchase, including your credit card number and expiration date, and your billing address (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Purchase, you authorize noSwag to provide your Payment Information to our third party service providers so noSwag can complete your Purchase and to charge your payment method for the type of Purchase you have selected (plus any Taxes and other applicable charges).

By agreeing to these Terms and purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation or termination of your subscription by you or noSwag. noSwag or the Reseller (or our third party payment processor) will automatically charge you in accordance with your Subscription Term (e.g., each month or year), on the calendar day corresponding to the commencement of your Subscription Term, using the Payment Information you have provided. Your subscription continues until cancelled by you or noSwag terminates your access to or use of the Services or the subscription in accordance with these Terms. You will pay all fees in United States Dollars per the payment terms on an Order or as otherwise agreed at the time of purchase.

7. Restrictions

You and your Users shall not:

- Use the Services for any illegal purpose or in a manner that violates any law or rights of any other person/entity/company;

- Permit Use of the Services in a manner not authorized by these Terms;

- Disassemble, decompile, unlock, reverse engineer, or decode the Services in any manner or modify or create any derivative works based on the Services;

- Unless otherwise authorized by noSwag in writing, re-sell, grant any rights under these Terms to any third party or lease, time-share, lend or rent Services;

- Scrape, data mine, extract, duplicate or otherwise copy any features, functions or user interfaces of the Services or Content without authorization;

- Use our Services and/or Content for the purposes of developing AI applications and bots.

- Engage in activities that degrade, overburden, interfere with or restrict the use and operation of the Services, including by sending or receiving excessive data transfers or requests, scraping, or engaging in denial of service attacks or similar activities;

- Introduce any malicious code, virus, malware, or any other material that disrupts, slows down or causes the Services to malfunction;

- Upload or generate any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, infringing of another's rights or invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable; or

- Upload any Sensitive Personal Information* into the Services;

- Use the Services in connection with spam; or

- Use information from the Services (whether collected through the noSwag API or obtained otherwise) for spamming purposes, including for the purposes of sending unsolicited emails to users or selling personal information, such as to recruiters, headhunters, and job boards.

- Misuse of User personal information is prohibited. Any person, entity, or service collecting data from the Services must comply with our Privacy Policy, particularly in regards to the collection of personal information. If you collect any personal information from the Services, you agree that you will only use that personal information for the purpose for which that User has authorized it. You agree that you will reasonably secure any personal information you have gathered from the Services, and you will respond promptly to complaints, removal requests, and "do not contact" requests from us or other Users.

*Sensitive Personal Information means any (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical or other protected health information regulated by HIPAA; (iii) credit, debit or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (v) social security numbers, driver's license numbers or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations

8. Additional Features

noSwag shall from time to time release additional features of the Services. Use of these features may be subject to payment of fees and other terms as prescribed by noSwag. To use such additional features in the Services, you are required to abide by such additional terms and pay fees, as applicable.

9. Termination

noSwag will not terminate these Terms except as set out in this section below. Should you wish to terminate these Terms, you are required to provide 14 days' notice to noSwag by sending an email with subject line "Services Termination" to help@noswag.io and specifically mention the Services you are Using.

noSwag has the right to terminate these Terms, if (i) you have breached any term in these Terms, (ii) it is required to do so under law, or (iii) noSwag decides to discontinue the Services.

If noSwag receives a take-down request for any of Your Content, it shall take reasonable steps to determine the basis for such notice. If noSwag concludes that it is legally obligated to comply with such request or that it is appropriate for noSwag to comply with such request, it may, in its sole and absolute discretion, remove such Content as set out in the policies on the Legal portion of www.noSwag.io. You will not be entitled to challenge noSwag's determination in this regard and noSwag will not have any liability to you as result of taking down Content in accordance with this Section 12.

10. Cancellation & Refunds

noSwag may cancel your Subscription Term at any time, for any reason, in noSwag's sole and absolute discretion. If you want to cancel your Subscription Term, you must send an email to help@noswag.io with subject line "Subscription Term Cancellation" and specifically mention the Subscription Term you want to cancel. This will cancel your services at the end of your current Subscription Term. Either case, you will not be entitled to any refund.