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    Terms and Conditions for SWOT LLC - SWOT (Video Meeting Platform with Integrated Stripe Payment Gateway)

    These terms and conditions ("Terms") govern your access to, and use of the SWOT video meeting platform ("Platform") provided by [SWOT] ("we," "us," or "our"), including the integrated Stripe payment gateway ("Stripe"). By accessing or using the Platform and Stripe, you agree to be bound by these Terms. Please read them carefully before using the Platform.

    1 - User Obligations

    You’ll need to create an account with SWOT.

    • 1.1 Eligibility: You must be at least 18 years old or have the legal capacity to enter into a binding agreement in your jurisdiction to use the Platform and Stripe. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
    • 1.2 Account Registration: To use certain features of the Platform and Stripe, you may be required to create an account. You must provide accurate and complete information during the registration process and keep your account credentials confidential. You are solely responsible for all activities that occur under your account.
    • 1.3 Compliance with Laws: You agree to comply with all applicable laws, rules, and regulations while using the Platform and Stripe. You are solely responsible for obtaining any necessary licenses, permissions, or consents required for your use of the Platform and Stripe, including compliance with any applicable payment processing regulations.

    As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and SWOT

    2 - Platform Usage

    • 2.1 License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform and Stripe for your personal or internal business purposes.
    • 2.2 Prohibited Conduct: You agree not to:
      • a) Use the Platform and Stripe for any unlawful, harmful, or malicious purposes;
      • b) Interfere with or disrupt the operation of the Platform and Stripe or servers;
      • c) Upload, transmit, or distribute any content that infringes the rights of others;
      • d) Engage in any form of spamming, phishing, or other unauthorized advertising or marketing activities;
      • e) Attempt to gain unauthorized access to the Platform and Stripe or any user accounts;
      • f) Use the Platform and Stripe to transmit any viruses, malware, or other harmful computer code.
    • 2.3 Third-Party Services: The Platform and Stripe may integrate or link to third-party services or websites. We are not responsible for the availability or content of such services, and your use of third-party services is subject to their respective terms and conditions.

    3 - Stripe Payment Gateway

    • 3.1 Stripe Account: To utilize the payment processing features of the Platform, you must create a Stripe account and agree to Stripe's terms and conditions and privacy policy. Your use of Stripe is subject to Stripe's separate agreement with you.
    • 3.2 Payment Processing: Stripe enables you to make and receive payments through the Platform. You agree to provide accurate and up-to-date payment information and authorize us to charge or deduct payments in connection with your use of the Platform and any services or products offered therein.
    • 3.3 Fee Deductions: Stripe may deduct applicable fees, including transaction fees and other charges, in accordance with Stripe's fee schedule. You are responsible for any fees or charges incurred through your use of Stripe.

    4 - Privacy and Data Collection

    We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy

    • 4.1 Privacy Policy: Our collection and use of your personal information, including payment information, is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we handle your data.
    • 4.2 Payment Information: Stripe processes and stores your payment information, and their handling of such information is governed by Stripe's own terms and privacy policy.
    • 4.3 User Data: You retain ownership of any content you upload or transmit through the Platform. However, by using the Platform and Stripe, you grant us a worldwide, non-exclusive, royalty-free license to use, modify, reproduce, distribute, and display your content solely for the purpose of providing and improving the Platform.

    5 - Intellectual Property Rights

    • 5.1 Ownership: We retain all rights, title, and interest in and to the Platform and Stripe, including all intellectual property rights. You acknowledge that you do not acquire any ownership rights by using the Platform and Stripe.
    • 5.2 Feedback: If you provide us with any suggestions, ideas, or feedback regarding the Platform and Stripe, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into our products and services.

    6 - Limitation of Liability

    • 6.1 Disclaimer of Warranties: The Platform and Stripe are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We do not guarantee that the Platform and Stripe will be error-free or uninterrupted, or that any defects will be corrected.
    • 6.2 Limitation of Liability: To the maximum extent permitted by law, we and Stripe shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Platform and Stripe. Our total liability, whether in contract, tort, or otherwise, shall not exceed the amount you paid, if any, to access the Platform.

    7 - Modifications and Termination

    • 7.1 Modifications: We reserve the right to modify or update these Terms at any time, with or without notice. It is your responsibility to review the Terms periodically. By continuing to use the Platform and Stripe after the modifications, you accept and agree to be bound by the revised Terms.
    • 7.2 Termination: We may terminate or suspend your access to the Platform and Stripe at any time and for any reason, without liability or prior notice. Upon termination, these Terms will survive with respect to any ongoing obligations.

    8 - Governing Law and Dispute Resolution

    • 8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
    • 8.2 Dispute Resolution: Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the [Arbitration Association]. The arbitration shall take place in [Jurisdiction], and the language of the arbitration shall be [Language]. The award rendered by the arbitrator shall be final and binding upon the parties.

    9 - General Provisions

    • 9.1 Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Platform and supersede all prior or contemporaneous agreements, understandings, or representations. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.
    • 9.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
    • 9.3 Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
    • 9.4 Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign or transfer these Terms without restriction.

    Indemnification

    We hope this never happens, but if SWOT gets sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold SWOT (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

    By using SWOT the app and platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Platform and Stripe.

    Default and Non-Payment Terms for Monthly Subscription

    These Default and Non-Payment Terms ("Terms") outline the procedures and consequences in the event of a defaulted payment for the monthly subscription plan provided by SWOT LLC ("Company"). Please read these Terms carefully to understand the actions we may take in such situations.

    1 - Default and Non-Payment

    • 1.1 Default: A default occurs when the payment for the monthly subscription fee cannot be successfully processed using the payment method associated with your account.
    • 1.2 Notification: In the event of a payment failure, the Company will send a notification to the email address associated with your account, informing you of the issue.

    2 - Resolution and Consequences

    • 2.1 Resolution Steps: Upon receiving a payment failure notification, you must take immediate action to update your payment information and resolve the outstanding payment.
    • 2.2 Suspension of Services: If the payment issue is not resolved within [2] days from the initial notification, the Company reserves the right to suspend access to the subscribed services until the outstanding payment is settled.
    • 2.3 Reactivation: Once the outstanding payment is settled and the payment method is updated, access to the subscribed services will be reinstated.

    3 - Termination

    • 3.1 Termination of Subscription: If the payment issue remains unresolved for an extended period beyond the grace period, the Company may terminate the subscription.
    • 3.2 Data and Account: Upon subscription termination due to non-payment, your data and account information may be retained by the Company for a limited time, after which they may be permanently deleted.

    4 - Appeals and Disputes

    • 4.1 Appeals: - If you believe that a payment failure was incorrect or unjustified, you may contact our customer support to appeal the decision within [5] days from the initial suspension.
    • 4.2 Disputes: - Any disputes related to payment issues or suspension of services will be resolved in accordance with the dispute resolution process outlined in the general terms of the subscription agreement.

    5 - General

    • 5.1 Changes to Terms: - The Company reserves the right to modify or update these Default and Non-Payment Terms with advanced notice.
    • 5.2 Governing Law: To the maximum extent permitted by law, we and Stripe shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Platform and Stripe. Our total liability, whether in contract, tort, or otherwise, shall not exceed the amount you paid, if any, to access the Platform.

    By subscribing to the monthly subscription plan, you acknowledge that you have read, understood, and agreed to be bound by these Default and Non-Payment Terms. If you do not agree with any part of these Terms, please refrain from subscribing to the monthly plan.