Terms and Conditions

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. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization.
1.2 Account Registration: You agree to provide accurate, current, and complete information. You are responsible for all activity on your account and must maintain the confidentiality of your password.
1.3 Compliance with Laws: You agree to comply with all applicable laws, including data protection regulations (e.g., GDPR, CCPA), and payment regulations, including but not limited to those of Stripe and PayPal.

Note: These Terms do not create any employment, agency, or partnership relationship between you and SWOT.

2.1 License: You are granted a non-exclusive, non-transferable license to use the Platform for personal or internal business use.
2.2 Prohibited Conduct: You must not misuse the Platform including engaging in unlawful activity, spamming, infringing content, or introducing malware.
2.3 Third-Party Services: We integrate with Stripe, PayPal, and other third-party services. Your use of these services is subject to their own terms and policies.

3.1 Account Setup: To use payment services, you must link a Stripe and/or PayPal account and agree to their terms.
3.2 Transactions: You authorize SWOT to charge your account for services. Transactions are handled via Stripe or PayPal as selected.
3.3 Fees: Stripe and PayPal may apply transaction fees per their policies. SWOT is not liable for third-party service fees.

4.1 Privacy Policy: Use of the Platform is subject to our Privacy Policy, which is GDPR and CCPA compliant.
4.2 Third-Party Data Use: Stripe and PayPal may process data per their respective privacy policies.
4.3 Content Ownership: You retain rights to your content. You grant SWOT a license to use your content only for providing services.

5.1 Ownership: SWOT retains all rights to its intellectual property, including trademarks and software.
5.2 Feedback: Suggestions you provide may be used by SWOT without compensation.

6.1 Disclaimer: The Platform is provided “as-is.” We disclaim warranties including merchantability and fitness.
6.2 Liability Cap: To the extent allowed by law, our liability is capped at the amount paid for services in the past 12 months.

7.1 Updates: We may update these Terms with notice. Continued use of the Platform indicates acceptance.
7.2 Termination: We may suspend or terminate accounts for violations. Some clauses survive termination.

8.1 Governing Law: Governed by the laws of New Zealand.
8.2 Dispute Resolution: Disputes are subject to arbitration in Auckland, NZ, under the Arbitration Act 1996.

9.1 Entire Agreement: These Terms constitute the full agreement.
9.2 Severability: If part of the Terms is invalid, the rest remains enforceable.
9.3 Waiver: No waiver of rights unless in writing.
9.4 Assignment: You may not assign rights; we may assign without restriction.

You agree to indemnify and hold harmless SWOT and its affiliates from claims arising from your breach of these Terms or misuse of the Platform.

11.1 Default: Payment failure triggers suspension after 2 days if not resolved.
11.2 Termination: Continued default may lead to termination and data deletion.
11.3 Appeals: Disputes must be raised within 5 days of notice.
11.4 Governing Law: New Zealand law applies. Terms are subject to update.

By using SWOT, you confirm you have read, understood, and agree to these updated Terms and our Privacy Policy.

**Updated to reflect the inclusion of PayPal and compliance with evolving global privacy and payment regulations. Effective [May 2025].