fbpx

APP

TERMS

OF USE

Last Updated: 1 March 2023

Swool.io Mobile App Terms of Use

 

1. Introduction

1.1 These Terms of Use (“Terms”) govern your access to and use of the swool.io mobile application (“App”) provided by Solunetix (Pty) Ltd. (“Solunetix”, “we”, “us” or “our”). The App is designed to offer clients of businesses and organizations serviced by swool.io (“swool-serviced-businesses”) a platform to manage bookings and account history for classes, lessons, and other services. By accessing or using the App, you agree to be bound by these Terms.

2. Eligibility

2.1 You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you meet this age requirement and that you agree to be bound by these Terms.

3. Privacy

3.1 Your privacy is important to us. In accordance with the Protection of Personal Information Act (POPIA) in South Africa, we are committed to protecting your personal information. Please review our Privacy Policy, which explains how we collect, use, and disclose your personal information when you use the App, and how we comply with the POPIA regulations.

4. App Access and Use

4.1 Subject to your compliance with these Terms, Solunetix grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the App solely for your personal, non-commercial purposes.

5. User Content

5.1 By submitting, uploading, or otherwise making available any content through the App (“User Content”), you grant Solunetix a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the App and Solunetix’s business purposes.

5.2 You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the rights to Solunetix as set forth above.

6. Prohibited Conduct

6.1 When using the App, you agree not to:

6.1.1 violate any applicable laws, rules, or regulations;

6.1.2 engage in any activities that interfere with, disrupt, or negatively affect the App or its
servers, networks, or other infrastructure;

6.1.3 upload, post, or transmit any content that is abusive, threatening, defamatory, obscene, or
otherwise objectionable;

6.1.4 impersonate any person or entity or falsely state or otherwise misrepresent your affiliation
with a person or entity;

6.1.5 violate the rights of any third party, including, without limitation, intellectual property
rights and privacy rights;

6.1.6 engage in any conduct that could damage, disable, overburden, or impair the App or Solunetix’s
systems or networks.

7. Third-Party Content and Services

7.1 The App may contain links to third-party websites, resources, or services. Solunetix is not responsible for the content, products, or services available from such third parties, and you assume all risks arising from your use of any such third-party content or services.

8. Disclaimer

8.1 The App is provided on an “as is” and “as available” basis. Solunetix disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Modification and Termination

9.1 Solunetix reserves the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. You agree that Solunetix will not be liable for any modification, suspension, or discontinuance of the App.

10. Third-Party Content and Services

10.1 The swool.io mobile application (“App”) may contain links to third-party websites, resources, or services. Solunetix, Inc. (“Solunetix”, “we”, “us” or “our”) is not responsible for the content, products, or services available from such third parties, and you assume all risks arising from your use of any such third-party content or services.

11. Modification and Termination

11.1 Solunetix reserves the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. You agree that Solunetix will not be liable for any modification, suspension, or discontinuance of the App.

12. Disclaimer

12.1 The App is provided on an “as is” and “as available” basis. Solunetix disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

13.1 To the maximum extent permitted by applicable law, Solunetix shall not be liable for any indirect,
incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the App.

14. Governing Law and Dispute Resolution

14.1 These Terms and any disputes arising out of or relating to these Terms or your use of the App shall be governed by the laws of South Africa, without regard to its conflict of law provisions.

14.2 Any disputes arising out of or relating to these Terms or the App shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiations, either party may initiate legal proceedings in the courts of South Africa.

15. Changes to the Terms of Use

15.1 Solunetix reserves the right, at its sole discretion, to change or modify these Terms at any time. If we make any material changes to these Terms, we will notify you through the App, by email, or by other means deemed appropriate. Your continued use of the App following any changes to the Terms constitutes your acceptance of the revised Terms.

16. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at: