Terms of Service

These Terms of Service ("Terms") govern use of the Swiip service provided by Hybytes Ltd ("we", "us", "our"). By creating an account or using the service, you agree to these Terms. If you use the service for an organisation, you confirm you have authority to bind it, and "you" includes that organisation.

2.1 Definitions and interpretation

"Service" means the Swiip platform and its applications, tools and modules, including the editor, Insights+, PersonaBulk, Launchpad, Reverse Proxy Enterprise and Swiip Deploy. "Swiip" or "Wrap" means an item of interactive content created and published using the Service. "Content" means anything you create, upload or publish using the Service, including data collected from your Audience. "Audience" means end users who view or interact with a published Swiip. "Workspace", "Owner", "Administrator" and "Member" have the meanings in Section 2.5. "Consumer" means an individual acting wholly or mainly outside their trade, business, craft or profession. "Order Form" means a written order signed by both parties incorporating these Terms. Headings are for convenience; "including" means "including without limitation".

2.2 About us

Swiip is operated by Hybytes Ltd, registered in England and Wales, company number 13562774, registered office 251 Grays Inn Road, London WC1X 8QT, United Kingdom. VAT number: GB 393682749. Contact: [email protected] or via swiip.com/contact.

2.3 The agreement and order of precedence

The following documents form part of these Terms and are incorporated by reference: the Acceptable Use Policy, the Refund and Cancellation Policy, the Billing and Renewal Terms, the Data Processing Agreement, the Service Level Agreement, and the Privacy Policy. If there is a conflict: a signed Order Form prevails, then these Terms, then the incorporated policies.

2.4 Eligibility and your account

You must be at least 16 to use Swiip and at least 18 (or have your organisation's authority) to purchase a paid plan. You must provide accurate information and keep it updated, keep credentials confidential, use multi-factor authentication where offered, and notify us promptly at [email protected] of any suspected unauthorised access. You are responsible for all activity under your account. Accounts are for you or your organisation and may not be shared with or transferred to others outside your Workspace.

2.5 Workspaces, seats and roles

Paid plans include a number of editor seats. A Workspace is created by an Owner, who may appoint Administrators and invite Members to seats. The Owner and Administrators may add, change or remove Members and seats, manage permissions, and access, manage and reassign Content within the Workspace. Content created in a Workspace is controlled by the Workspace, not the individual Member; when a Member leaves or is removed, their access ends and their Workspace Content remains with the Workspace. By adding a person to a seat you confirm you have their consent and any authorisation your organisation requires. The Owner is responsible for the acts and omissions of Members and for fees for all seats in use.

2.6 Trials and free plans

Free plans and trials are provided so you can evaluate the Service; they may be modified, limited or withdrawn at any time, are excluded from the SLA, and content on long-inactive free accounts may be deleted after at least 60 days notice. At the end of a trial your account converts to the plan you selected only if you confirm at or before conversion; we do not silently convert trials into paid subscriptions.

2.7 Acceptable use

Use of the Service must comply with the Acceptable Use Policy (Section 3). We may remove content and suspend or terminate accounts that breach it, following the enforcement approach it describes.

2.8 Your content and licence to us

You retain ownership of Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (for technical display purposes), publish, back up and distribute Content solely as needed to operate, secure and improve the Service and as you direct through publishing controls, including through our sub-processors. This licence ends when Content is deleted, except for lawful backup retention windows and content already shared in ways we cannot recall. You are responsible for having the necessary rights to your Content and for its lawfulness in every territory where you publish it.

2.9 Publishing channels

Publishing a Swiip makes it available at a web link, and depending on your plan through Launchpad placements, embedded views, or a custom domain via Reverse Proxy Enterprise. You are responsible for where you publish, for compliance with the rules of any third-party placement, and for custom-domain DNS you control. We may withdraw a publishing channel with reasonable notice where practical.

2.10 AI-assisted features

Some features use machine learning or artificial intelligence to assist with content creation, personalisation or analytics (for example bulk personalisation and engagement insights). You are responsible for material you provide to such features and for reviewing output before use or publication. AI-assisted output is generated automatically and may contain errors; we do not warrant its accuracy or completeness, and it does not represent our views. You must not use AI-assisted features to mislead others that generated content is human-created where that matters, or in breach of the Acceptable Use Policy. As between you and us, and subject to third-party rights, output you generate from your own input is your Content.

2.11 Third-party services and integrations

The Service interoperates with third-party services and integrations you choose to connect. Those services are governed by their own terms and privacy policies; we are not responsible for them, and enabling an integration authorises us to exchange the data needed to operate it. If a third-party service changes or withdraws access, we may disable the integration without liability.

2.12 Subscriptions, fees and billing

Swiip is provided on a subscription basis with monthly or annual billing, quotas and overage as described in the Billing and Renewal Terms (Section 5) and on the pricing page. Cancellation and refunds are governed by the Refund and Cancellation Policy (Section 4).

2.13 Service availability; changes; beta features

Our availability commitment and service credits for paid plans are in the SLA (Section 7). We may improve or modify features, giving reasonable notice where practical; a material reduction in core functionality entitles you to cancel and receive a pro-rata refund of prepaid unused fees. Features identified as alpha, beta, preview or early access are provided as is, may change or be withdrawn at any time, are excluded from the SLA, and should not be relied on for production use.

2.14 Intellectual property; our indemnity to you

The Swiip platform, branding and software are owned by Hybytes Ltd and its licensors; these Terms transfer none of our intellectual property to you, and any feedback licence is in Section 2.15. If a third party claims that the Service itself (excluding your Content and third-party services) infringes their intellectual property rights, we will defend business customers against that claim and pay finally awarded damages, provided you notify us promptly, give us control of the defence and reasonable assistance, and have not caused the claim by your Content, your modifications or use in breach of these Terms. If the Service is, or is likely to be, subject to such a claim, we may procure the right for you to continue using it, replace or modify it to be non-infringing, or terminate the affected service and refund prepaid fees for the unused period. This Section states our entire liability for intellectual property infringement by the Service.

2.15 Feedback

If you send us suggestions or feedback, we may use them without restriction or obligation to you; this does not give us any rights in your Content.

2.16 Confidentiality (business customers)

Each party will keep confidential the other's non-public information disclosed in connection with the Service, use it only to perform under these Terms, and protect it with at least reasonable care. This does not apply to information that is public without breach, already lawfully known, independently developed, or required to be disclosed by law (with notice where lawful). These obligations survive for 3 years after termination; personal data is handled under the DPA and Privacy Policy.

2.17 Publicity

We may identify business customers by name and logo in customer lists on our website and marketing materials, following any brand guidelines you give us. You may opt out at any time by emailing [email protected], and we will stop new uses promptly.

2.18 Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care. For business customers, the Service is otherwise provided "as is" and, to the maximum extent permitted by law, we exclude implied warranties and conditions, including merchantability, fitness for a particular purpose and non-infringement, and do not warrant that the Service will be uninterrupted or error-free. If you are a consumer, nothing in these Terms affects your statutory rights, including under the Consumer Rights Act 2015 (UK), EU consumer law, applicable US state consumer law, or the Australian Consumer Law, whose guarantees cannot be excluded.

2.19 Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded or limited. Subject to that:

• (a) neither party is liable for indirect or consequential loss, or for loss of profits, revenue, business, data or goodwill; and
• (b) each party's total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the fees paid or payable for the Service in the 12 months before the event giving rise to the claim.

Points (a) and (b) do not apply to your payment obligations, your indemnification obligations, or a consumer's statutory remedies.

2.20 Indemnity (business customers)

If you use Swiip in the course of business, you will indemnify us against third-party claims, and resulting losses and reasonable costs, arising from your Content, your Audience data practices, or your unlawful use of the Service.

2.21 Suspension and termination

You may stop using the Service and cancel at any time as described in the Refund and Cancellation Policy. We may suspend or terminate access for material breach (including non-payment and Acceptable Use breaches) or where required by law; where practicable we give notice and an opportunity to remedy first. On termination you may export your Content for 30 days, after which it is deleted in line with the Privacy Policy and DPA; published Swiips are taken offline at termination.

2.22 Changes to these Terms

We may update these Terms. For material changes we give at least 30 days notice by email or in-app notice; continued use after the effective date constitutes acceptance. Consumers who do not accept a material change may cancel and receive a pro-rata refund of any prepaid period falling after the effective date. Previous versions are available in the policy archive.

2.23 General

You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger or sale. These Terms (with the incorporated documents) are the entire agreement and supersede prior discussions. If a provision is unenforceable, the rest remains in force; a failure to enforce is not a waiver. Notices may be given by email to the address on the account and to us at [email protected]. Neither party is liable for delay caused by events outside its reasonable control. You must comply with applicable export-control and sanctions laws and confirm you are not on a restricted-party list. The Sections on your Content licence, intellectual property, feedback, confidentiality, warranties, liability, indemnities, termination consequences and governing law survive termination.

2.24 Governing law and jurisdiction

These Terms are governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction, except that if you are a consumer you benefit from any mandatory protections of the law of your country of residence (including in the EU and Australia) and may bring proceedings in the courts of that country. Nothing in this Section limits either party seeking injunctive relief for intellectual property or confidentiality breaches in any competent court.