TERMS OF SERVICE

Welcome to SwiftRec! These Terms of Service (Terms) will apply to you when using SwiftRec. Please read them carefully. These Terms will be updated and modified periodically. Please check back frequently to be sure you understand what you are agreeing to by using SwiftRec.

Subject to these Terms, Bergen Enterprises, LLC d.b.a. SwiftRec (Company) provides to you SwiftRec, which includes the Company’s proprietary software, messaging functionalities, information and other content, including advertisements, contained in its web and mobile applications (including a tablet application) and on its website.

Use of SwiftRec

SwiftRec Account. To use SwiftRec, you must (1) be at least 18 years of age, and (2) create an account by completing the application form on the Company website at www.swiftrec.io. BY USING SWIFTREC, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, AS MAY BE MODIFIED OR UPDATED FROM TIME TO TIME. By using SwiftRec, you certify to the Company that (a) you are 18 years of age or older, (b) you have the right to use the Email you provided in the application, and (c) you have the right to use, share, transmit or transfer the images, materials, and/or information you will be sharing through SwiftRec.

License. The Company grants you a personal, nonexclusive, nontransferable and revocable license to use the software provided to you as part of SwiftRec.

Legal Compliance. You agree to comply with (and ensure anyone acting on your behalf, complies with) all applicable laws, regulations, ordinances, rules, requirements, standards, orders, and policies, including those related to the export of SwiftRec. You will not, and will not authorize another acting on your behalf , directly or indirectly, to send, transfer, transmit or otherwise share through SwiftRec any unlawful, violent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory (whether based on race, ethnicity, sex, religion, nationality, disability, sexual orientation, or age) or otherwise objectionable material or information of any kind.

You agree to get the appropriate permissions of anyone to which you generate and send emails or messages using SwiftRec.

Prohibited Use

Multiple Accounts. You are prohibited from creating multiple accounts for the purpose of abusing Company policies, bypass Company account limitations, or otherwise subvert restrictions placed on your SwiftRec account.

Reverse Engineering. You are prohibited from reverse engineering or attempting to extract the source code of the SwiftRec software, unless laws prohibit these restrictions or you have the Company’s written consent.

Software and Services. You are prohibited from copying, modifying, distributing, selling, or leasing any part of SwiftRec. You are prohibited from buying, selling, trading or reselling SwiftRec or any part thereof to others.

Malware. You are prohibited from and agree not to use SwiftRec to transmit viruses, malware, worms, defects, Trojan horses, corrupted files, any other items of a destructive or deceptive nature, or to distribute content that harms or interferes with the operation of networks, servers, or other infrastructure belonging to the Company or third parties.

Fraud, Phishing and other Deceptive Practices. You are prohibited from and shall not access another user’s account without such user’s explicit and specific permission and shall not use SwiftRec to trick, mislead, or deceive other users and third parties into sharing information under false pretenses. You are prohibited from and shall not phish for users’ data, such as login information, passwords, financial details, or government identification numbers, or use SwiftRec or any part thereof as part of a scheme to defraud others.

Pricing

Price. SwiftRec is provided to you free of charge. The Company reserves the right to charge users for SwiftRec at any time in its sole discretion. Notification of any changes to pricing will be sent to you for your acceptance before charges would accrue. At that time you would have the ability to opt out of Services to avoid any charges.

Intellectual Property Rights

The Company’s Intellectual Property. The Company is the exclusive owner of all rights, title and interest in and to SwiftRec, and you acquire no right, title or interest of any kind in or to SwiftRec, other than the license set forth in these Terms. You will not condone or commit any act that may prejudice the Company’s right or title in and to SwiftRec.

Infringement. You shall not (and will not permit, encourage or induce others to) violate copyright, patent, or trademark laws, and shall not (or permit, encourage or induce others to) infringe on SwiftRec or third party intellectual property rights, including patent, trademark, trade secret, or other proprietary rights.

Confidentiality and Privacy

Privacy. The Company’s privacy policy explains how the Company treats your personal data and protects your privacy when you use SwiftRec. By using SwiftRec, you agree that the Company may use such data in accordance with the Company’s privacy policy at www.swiftrec.io/privacy-policy.

Monitoring. The Company may monitor your account and may provide information to law enforcement agencies if required to do so by law or in the good-faith belief that such action is necessary to comply with state or federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

No Warranties

No Warranties. SWIFTREC IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS, IF ANY, AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

Risk. USE OF SWIFTREC IS SOLELY AT YOUR OWN RISK.

Indemnification and Limitation of Liabilities

Indemnification. Upon request by the Company, you agree to indemnify, defend and hold harmless the Company, its officers, directors, shareholders, employees, advisors, representatives, contractors, suppliers, and third party information providers and advertisers, from and against any and all claims, actions, proceedings, expenses (including reasonable attorneys’ fees and court or arbitration costs), damages, losses, and liabilities, arising from or in any way related to (i) your use or misuse of SwiftRec (ii) your compliance or noncompliance with these Terms, (iii) third party reliance on information shared through use of SwiftRec, or (iv) violation of any of the Company’s or third party rights. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defense and pay by the due date any costs and expenses of the defense.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR CLAIMS, DAMAGES, COSTS, EXPENSES, FINES, OR LIABILITIES OF ANY KIND ARISING FROM OR IN ANY WAY RELATED TO SWIFTREC, INCLUDING, BUT NOT LIMITED TO, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS, ERRORS IN ORIGINATING, TRANSMITTING, RECEIVING, TERMINATING OR DELIVERING COMMUNICATION OR INFORMATION, USE OR INABILITY TO USE SWIFTREC, AND/OR PRIVATE OR GOVERNMENTAL LEGAL ACTIONS. Despite the previous sentence, if the Company is held liable, to the maximum extent permitted under applicable law, the Company’s liability for the total time you use SwiftRec (including tolled, paused, cancelled and reopening of an account) shall in no event exceed in the aggregate the total purchase price paid by you to the Company for SwiftRec and/or any related functionalities in the 12 months immediately preceding any claim. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY SHALL IN NO EVENT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF REVENUE, DOWNTIME OR DELAY, LABOR, REPAIR OR MATERIAL COSTS, OR ANY SIMILAR OR DISSIMILAR CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT OR INDIRECT, LOSS OR DAMAGE INCURRED BY YOU EVEN IF THE COMPANY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability for Unauthorized Use. To the maximum extent permitted under applicable law, in no event shall the Company be liable for unauthorized use of SwiftRec through your account or otherwise.

Liability for Recommendations and Information. You are solely responsible for any damages, costs, expenses, or injuries arising from or in any way connected with recommendations, advice, information, products, or other material you transmit, transfer, or share with third parties using SwiftRec. BY USING SWIFTREC, YOU RELEASE THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO THE USE OF SWIFTREC.

Retention of Information

Account Information Retention Policy. Account information included on your application form, uploaded to your account, and/or sent through SwiftRec may be erased, at any time and for any reason, and/or retained by the Company. It’s good practice for you to download information in your account or transferred, sent, or transmitted through SwiftRec.

Cancellation and Termination

Cancellation. You may discontinue SwiftRec at any time upon notice by sending an email to info@swiftrec.io. The Company will disable your Account within thirty (30) days after receiving written notice from you.

Termination. The Company may immediately, and without notice, terminate or discontinue your account and use of SwiftRec at any time and for any reason, including, but not limited to, if the Company determines that any of the information provided in your application form is not accurate or you or anyone acting on your behalf have committed fraud or violated any applicable law, regulation, requirement, rule, policy, ordinance or any term or condition of these Terms. The Company may also deny, in its sole and absolute discretion, your request to renew or start a new account.

Notifications

Consent to Notifications. By using SwiftRec, you consent to the receipt of Email or other forms of notification from the Company. In addition, you consent to receipt of communications about services and products the Company believes, in its sole discretion, may be of interest to you. You may opt out of future communications about products or services by contacting us by email at info@swiftrec.io. The Company reserves the right to continue to contact you, and you agree to such contact, regarding important information relating to your account, use of SwiftRec, or these Terms.

Miscellaneous

Force Majeure. The Company shall not be liable for its failure to perform any of its obligations under these Terms if such failure results from acts of God, fire, strikes, explosions, power failures, earthquake, flood, water, terrorism, failure of any satellite or other telecommunications facilities, or any other matter beyond the control of the Company.

Entire Agreement. These Terms, as may be updated or modified from time to time, together with SwiftRec’s privacy policy, constitute the entire agreement between you and the Company with respect to SwiftRec, and supersedes and replaces any and all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and the Company.

Waiver. The Company’s failure to insist upon strict compliance with these Terms shall not be deemed to be a waiver of any right granted to you herein. The Company shall not be deemed to waive any such right unless such waiver is in writing signed by the Company’s authorized representative.

Language. These Terms are written in the English language and the English language version will prevail over any translation thereof. All correspondence, notices or other communications you and the Company will be in the English language.

Choice of Law; Venue; Jurisdiction. These Terms, as may be modified from time-to-time, and your use of SwiftRec shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws principles. Solely for the purpose of seeking a temporary restraining order or a preliminary or permanent injunction or any other form of interim, provisional or equitable relief for the reverse engineering of the software or infringement or possible infringement by you of the Company's intellectual property rights, the courts located in the State of Ohio, USA, shall have jurisdiction and venue, and each party hereby consents to, accepts and irrevocably submits to such jurisdiction and venue. Notwithstanding anything to the contrary provided herein, under applicable law or otherwise, no party shall have a right to bring any matter before the courts in any jurisdictions except (a) for the Company's right to seek a temporary restraining order or a preliminary or permanent injunction or any other form of interim, provisional or equitable relief equitable relief for (i) infringement or possible infringement of its intellectual property rights by you or another acting on your behalf or (ii) reverse engineering or possible reverse engineering of SwiftRec, or the software; or (b) enforcement of an arbitration award entered in accordance with the terms and conditions set forth herein.

Arbitration. Any dispute, claim and/or controversy (each, a Dispute) arising out of or relating to these Terms, including, but not limited to, matters of construction, interpretation, and/or enforcement, will be settled by mandatory and binding arbitration conducted in the English language in Cuyahoga County, Ohio, in accordance with the rules of the American Arbitration Association (AAA). Such arbitration will be each party’s exclusive remedy and forum for resolution of any Dispute, except as otherwise explicitly provided herein. The arbitration shall be conducted by one independent arbitrator appointed in accordance with the AAA rules. You accept and consent to the jurisdiction of the aforesaid arbitration panel. Solely for the enforcement of an arbitral award, judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, to which you unconditionally and irrevocably submit to the jurisdiction of the courts of Cuyahoga County, Ohio, for yourself and in respect of your property, and waive in respect of yourself and your property any defense you may have as to or based on sovereign immunity, jurisdiction, improper venue, inconvenient forum or similar defense. Any money awards shall be expressed in United States currency and shall include a reasonable interest component. The costs of any such arbitration proceeding will be paid by the party against whom the award is rendered.

Modification/Amendments. These Terms may be updated, modified or amended by the Company from time-to-time. Unless otherwise provided, all such modification or amendments shall be effective immediately upon posting on the website under “Terms of Service”. USE OF SWIFTREC SHALL BE DEEMED TO BE CONCLUSIVE EVIDENCE OF YOUR ACCEPTANCE OF THESE TERMS, AS MAY BE MODIFIED OR AMENDED.

Severability. If any provision of thee Terms is held to be invalid, illegal or unenforceable, the remaining provisions of these Terms will continue to be in full force and effect.

Construction. All headings and subheadings are for convenience only and neither limit nor amplify any of the provisions of these Terms.